For US companies relying upon foreign workers, Monday, June 23, 2020, was a day of significant disappointment. President Trump announced that many categories of foreign workers would no longer be granted entry to the US until the end of 2020. Fortunately, Canada’s immigration policy is far more welcoming. If you are a US company that is going to be hurt by these latest rounds of restrictions, Canada may just be the answer. Tune in to this episode where US Immigration Attorney, Nicole Ezer, explains what these restrictions mean for your company and Canadian Immigration Lawyer, Mark Holthe, shares some great “made-in-Canada” solutions to turn your disappointment into relief.

Many US companies were left reeling on Monday, June 23rd when President Trump announced that H-1B, L, J and H-2B visas would be blocked until the end of 2020. These four non-immigrant visa categories are relied upon heavily by US companies seeking to fill critical skill shortages in the US.

Now what is a US company going to do?

They were already hit hard by the COVID-19 pandemic, but this most recent announcement feels like insult to injury.

In this episode US immigration attorney, Nicole Ezer shares some great insight into what these restrictions really mean for US companies and why things may not be as bad as they seem.  I then take some time to pull the curtain back on some very practical solutions that Canada’s facilitative immigration policy offer to struggling US companies and their foreign workers.

Nicole Ezer is the founder of Ezer Law Group, a business immigration boutique law firm based in Houston, Texas. She is my go-to attorney for any US bound business immigration need. We have collaborated for years on mutual cross-border clients and I have fortunate to call her my friend.

Nicole has practiced in the areas of family-based immigration, naturalization and asylum and participated in activities that provide education to industries and communities regarding immigration issues.

She is a frequent speaker before industry, HR groups and for attorney CLE activities, and is a 2002 Graduate of the Center for Houston’s Future Leadership Forum. Nicole has also served as an adjunct professor at the University of Houston Law Center, teaching “Business Immigration Basics”.

Nicole has focused her practice on immigration policies and planning and consulting for companies of all sizes. She is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. Nicole develops, implements and updates immigration policies for multinational corporations.

Sponsor:

None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

[Tweet “Canada is a great option for suffering US companies?”]

• Additional Resources:

  • Nicole Ezer’s law firm: https://ezerlawgroup.com/
  • The best way to reach Nicole:
    • Phone: (281) 404-7781
    • Website: https://ezerlawgroup.com/contacts/

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Are you frustrated with your language scores? Have you considered writing both language tests? If you want to improve your scores, you have to listen to this episode with professional language instructor Garret Lim. He shares the real goods on what makes the IELTS different than the CELPIP. You can decide which one is better.

In this episode, Garret Lim shared some great insight into exactly what the CELPIP and IELTS tests cover. By knowing the differences between the two tests, you can make the right choice as to which is going to allow you to score the highest. After all, your entire future in Canada depends upon it.

Garret Lim is a career ESL teacher that has spent over 13 years teaching English as a second language. He has taught in 3 countries and has had students from over 30 different countries. Recently, he’s narrowed his focus a bit and is now specializing in test preparation for people wanting to immigrate to Canada who need to reach a certain proficiency band on one of the tests.

1. Why English is so important with respect to your Express Entry
2. What the CLB is and what it represents
3. How the CLB is measured.
4. Differences between the CELPIP and the IELTS
5. Final advice or tips for those taking the tests

Sponsor:

None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

[Tweet “Is the IELTS really better than the CELPIP?”]

• Additional Resources:

  • Garret’s website: http://tu-easy.online 

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Binge on all of our Canadian Immigration Podcast Episodes!

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We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.

With the legalization of marijuana in Canada on October 17, 2018, there continues to exist tremendous confusion on how this will impact Canadian marijuana users travelling to the US and American’s coming to Canada for a little “marijuana tourism“. The issue is complex for individuals, but down right maddening for multinational companies sending employees back and forth across the Canada/US border on a daily basis.

In this episode, I was joined by Canadian and US Immigration Attorney Henry Chang who shared some great advice on the real dangers that exist for users of marijuana seeking to travel cross border between Canada and the US and some great tips for employees of Canadian marijuana companies travelling to the US.

Henry Chang, a partner with the law firm of Blaney McMurtry in Toronto, Ontario, has always been a great resource for anything related to cross border immigration. As an immigration lawyer/attorney licensed to practice immigration law on both sides of the border, he was the perfect choice to join me on this Episode to explore the hidden dangers and pitfalls that the legalization of pot in Canada has created for Canadians and Americans crossing the Canada/US border.

Henry is a member of the Law Society of Ontario and the State Bar of California. He is consistently ranked as one of Canada’s top lawyers by The Canadian Legal Lexpert Directory, Who’s Who Legal, and Best Lawyers. He also holds an AV (Preeminent) rating, the highest possible rating, from Martindale-Hubbell.

Henry is the chair of the firm’s Immigration Law Group. As a recognized authority in the field of United States and Canadian business immigration law, his style of legal representation is often referred to as the “gold standard” for cross-border mobility law. With limited exceptions, Henry personally supervises the preparation of such cases, in order to ensure the highest probability of a successful outcome.

Henry lectures extensively in Canada, the United States, and overseas. His work has been published in numerous nationally- and internationally- recognized publications, including LexisNexis’ Immigration Law & Procedure, which has been cited in over 300 Federal Court decisions in cases from across the U.S. circuit courts of appeals, federal district courts, and the U.S. Supreme Court.

Two of Henry’s more recent articles have propelled him forward as one of the go-to lawyers on this topic and landed him many interviews with media seeking to demystify some of the lesser known dangers that are lurking in the shadows for marijuana users crossing the border.

How the Legalization of Marijuana Will Affect Your Ability to Travel to the United States

Canadian Companies Should Educate Their Employees Prior to Marijuana Legalization

In this episode Henry and I covered the following topics:

1. Canadians travelling to the US after legalization
2. Employees of Canadian companies travelling to the US
3. Americans coming to Canada for “marijuana tourism”
4. Bringing marijuana across the border (into Canada or the US)

[Tweet “What you must know about Pot and cross border travel“]

Additional Resources:

• How to Contact Henry Chang: https://www.blaney.com/contact-us
• Website: https://www.blaney.com/

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Visa processing can be tricky business. Although IRCC has taken significant measures to streamline the process and make it easier for us to file applications online and through the various processing centres, inevitably efficiency of process runs into a wall…..for some of our clients, it can be a BRICK WALL. In this episode, Canadian immigration lawyer Christy Jones joins me to discuss some of the more challenging scenarios she has had to work through and together we share some strategies for helping you navigate those quirky cases we all seem to get from time to time.

As a young immigration lawyer, the best decision I ever made was to join the Canadian Bar Association’s National Immigration section. Why?

Because it is probably the most collegial group of professionals in the country. There was always someone willing to share their past experience dealing with tricky situations. This willingness to share gave me access to a wealth of experience that allowed me the ability to quickly climb the steep immigration learning curve essential to practicing in this ever changing area of the law.

In this Episode of the Canadian Immigration Podcast, I was joined by immigration lawyer Christy Jones who practices out of her firm in Toronto, to share some insight on the world of visa processing from a practical perspective. Anyone can follow the IRCC guides and document checklists essential for filing a complete application.

However, what do you do when things start to go off the rails and there is no instruction guide on how to deal with it?

You call a trusted colleague to see if they have already experienced something similar.

This episode is devoted to a number of case scenarios where Christy and I share our thoughts on how best to deal with them. Our listeners will quickly discover that despite our many years of immigration practice, and our relatively consistent approach to most situations, there are times when our approaches to resolving an issue can be quite different. I guess this is what makes immigration so challenging, and yet so enjoyable….there is always more than one way to solve a problem.

Here is a short list of the scenarios we discussed in this episode:

Scenario 1: Employee requiring a Work Permit, with one DUI is denied entry to Canada, and advised to seek a TRP through a visa office before attempting to re-enter. His intended position in Canada renders him eligible for expedited processing under the GSS.

Scenario 2: A GSS eligible application is to be prepared under the intra company transfer (specialized knowledge) provisions, but is not terribly strong. The applicant is visa exempt, but you are not sure whether an officer at the port of entry will agree with the specialized knowledge argument to be presented and the applicant has a long flight to Canada. You decide applying at the POE is too risky. Should you apply online to be processed under the GSS or submit the application to the IMWU for an opinion?

Scenario 3: Applicant with a Work Permit approved under the GSS arrives at the port of entry. The work permit is issued indicating that a medical exam is required within 30 days, however the applicant had not resided in a designated country, and there was no medical conducted toward Work Permit approval.

Scenario 4: An applicant eligible for a Work Permit exemption under the GSS is not issued a Visitor Record at the port of entry upon arrival.

[Tweet “Learn some tips on Visa Processing from experienced immigration counsel“]

Additional Resources:

• The best way to reach Christy Jones:
  • E-mail: cjones@jonesimmigrationlaw.com
• Christy’s law firm Jones Immigration Law: http://jonesimmigrationlaw.com/
• Case Scenarios discussed in this Episode: Jones Visa Processing Scenarios

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Are you an Alberta based foreign worker frustrated with how high the CRS has climbed for Express Entry? Are you beginning to think you will never get an ITA? If this is you, the Alberta Immigrant Nominee Program’s new Alberta Opportunity Stream may just be the solution for you. 

In this Episode I am flying solo to waste no time in demystifying the recent changes to the Alberta Immigrant Nominee Program. I love to share information about immigration that affects my dear Province of Alberta. Finally, I have something to share that is actually a pretty big deal.

The Alberta Opportunity Stream was previously announced back in 2017 with a proposed launch date of January 2018. However, there was a fairly huge push back when stakeholders realized that anyone on an open work permit was going to be left in the dust when it came to getting nominations from the Province of Alberta. Credit to Brad Trefan and the other powers that be in Edmonton – they suspended the launch of the Alberta Opportunity Stream to listen to stakeholders and make sure they got it right. The local chapter of the Canadian Bar Association was one of many stakeholders who offered their thoughts on the proposed changes.

I think Brad and the gang actually did a pretty good job at getting the balance just about right!

On June 14, 2018 the Alberta Opportunity Stream was officially launched. In this Episode of the Canadian Immigration Podcast, I share my thoughts on the changes and highlight what this new Selection Criteria is all about.

[Tweet “Alberta Opportunity Stream comes to life.“]

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You can read additional notes for this episode, [spoiler]

CIP – Season 3 Episode 4 – AINP – Alberta Opportunities Stream Launched

• Second attempt – Dec 2017 originally announced changes with little stakeholder involvement
o Anyone on open work permit – excluded – including PGWP
o Huge backlash resulted in suspension of rollout
• June 14th – relaunched the new Alberta Opportunities Stream

• Lots that we do not know about the new harmonized stream; including the criteria upon which the new Express Entry stream will be based upon.

o significant connection to Alberta likely required
o Maybe somewhat similar to OINP’s Human Capital Stream – don’t know at this stage.
• So what do we know?
• Program was dominated by some sectors and some occupations:

• 6311 – Food Service Supervisors
• 6211 – Retail Sales Supervisors
• 7511 – Transport Truck Drivers
• 1241 – Administrative assistants
• 7284 – Plasterers, Drywall Installers and Finishers and Lathers
• 3421 – Retail Salespersons
• 0631 – Restaurant and Food Services Managers
• 0621 – Retail and Wholesale Trade Managers
• 6315 – Cleaning Supervisors

• Application intake and nomination guidelines may be put in place that would set the maximum number of applications accepted and nominations issued each year, as well as maximums for applications and nominations by sector and occupation. Announcements about application intake and nomination guidelines will be available on the AINP news page.

Nomination certificate limits for 2018
As of June 14, 2018, the AINP:
• is authorized to issue a maximum of 5,600 nominations for the 2018 calendar year. This limit is set by Immigration, Refugees and Citizenship Canada (IRCC)
• has issued 2,277 nomination certificates in 2018  3323 spots left
• has approximately 4,700 applications awaiting assessment for eligibility
• Even with no new applications after June 14th – there are still 1,377 more applications than nomination spots
o There will be more application submitted this year
o We have a number going in right away
o Some will get refused or otherwise found ineligible
o Safe to say a slight backlog will continue to exist.

• So what has the AINP done to “reduce” the influx? A new Selection Criteria

• Let’s take a look at the Alberta Opportunity Stream (AOS)’s new selection criteria

Alberta Opportunity Stream (AOS)

• Selection Criteria has been both expanded and constricted
• New requirements such as language, education and income will be phased in over the next three years
o These will increase as time goes on – you can check the future requirements out at the Planned AOS Criteria Changes webpage.
o

Okay, let’s dig into this new selection criteria.

1. Residency status and work permit requirements

At the time your application is postmarked and at the time the AINP assesses your application:
• Valid work permit (not implied status or restoring status) based on one of these categories:
o LMIA
o IMP WP (includes IEC, NAFTA ICTs etc.) Spousal Open WPs EXCLUDED?
o PGWP AND:
 Graduated from Alberta Advanced Education approved post secondary institution AND;
 If 1 to 2 year diploma, the credential must be on the approved Alberta Advanced Education Undergraduate credentials list
• NOTE: Bachelors, masters, doctorals just need to be from one of the approved Alberta educational institutions AND
 Current occupation must be related to your field of study in Alberta
• If graduated with eligible 1 year certificate, your current occupation must also be related to your previous undergraduate or graduate field of study outside Canada.

2. Occupation requirements

• Only eligible occupations can qualify – must be on the list AND
• Work in occupation that matches your previous work experience – we’ll discuss what this means a little later
• If PGWP holder, your occupation must be related to your field of study in Alberta
o Issues:
 What does “related to your field of study mean”? How closely related? Only time will tell.
• Will a business admin diplomas still work for filling a food service supervisor position at Dairy Queen? – Maybe?
• If PGWP holder with only one year certificate your occupation must also relate to your previous undergrad or graduate field of study outside Canada? —-

o WOW! That is super restrictive for PGWP holders with one year programs. (Basically saying….go to Express Entry and don’t burn up our AINP nomination quota)
• POSITIVE – Most 0,A,B C AND D occupations will work – but there are ineligible occupations

• Two ineligible occupations lists exist (if your occupation is on the list – can’t apply to AINP:
o AOS list – applies to everyone – if your occupation is on the list
o ESDC High wage/ Low wage Alberta LMIA refusal to process list – applies to PGWP holders only

3. English or French language requirements
• CLB 4 – for each skill until June 14, 2019 – increases to CLB5
o 3413 Nurse aides and orderlies = CLB 7
• CELPIP/IELTS/TEF – valid for 2 years

4. Education requirements

• Minimum high school  in your country until Jan 1, 2012 = AB HS equivalency required
• PGWP – AB school, on the education list

5. Work experience requirements

• You must be working in an occupation that matches your work experience at the time your application is postmarked and at the time the AINP assesses your application.

• Qualifying Work Experience:
o Min 12 months – F/T in current occupation within last 18 months OR
o Min 24 months – F/T in current occupation in Canada (overseas) within last 30 months
 Can be a combination of experience in AB, Canada and/or abroad OR
o IF PGWP holder – min 6 months – F/T in current occupation in last 18 months AND current occupation related to your field of study in Alberta
• Work experience in Qualifying Period must be:
o F/T (30 hrs/w) NOTE: P/T will not be considered
o For same occupation as your current occupation
o Obtained in legal status
o Not gained while studying or doing co-op or internship
 EXCEPTION – co-op work placement or internship as part of study program
• Paid, F/T (30 hrs)
• Directly related to current occupation
• Work experience gained in Alberta

• Additional requirements:
o Licensing, registration, certification to work in occupation
 POINT TO CONSIDER: Optional Trades may now be eligible without trade certificate – provided not on the ineligible list
o Full time job offer from Alberta employer and working for that employer
 Employer must:
• Be incorporated or registered and operating in Alberta
o Established production capability, plant or place of business AND
• Job Offer signed by both parties and must:
o Continuous paid work
o F/T – 30 hours/week min
o Employment for 12 months+
o Work in your current occupation AND
o Eligible occupation that meets work permit requirements
 LMIA, IMP or PGWP related to field of study and education
o Ineligible situations:
 P/T employees – regardless of hours
 Independent Contractors
 Business owners
 Temp agency workers
 Directors, shareholders or agents of Alberta employer on Corporate Registry System (CORES)
 working in a home=based business
 virtual employees working for AB employer “outside” Alberta.

6. Income level requirements

• must meet a minimum gross annual income level based on your “family unit” size.
• Spouse, dependent child (under 22) (whether accompanying you or not)
• Must use the “Income Calculation Worksheet”
• Can include “taxable benefits” in income calculation:
o ■ automobiles or other motor vehicles
o ■ board and lodging
o ■ gifts and awards
o ■ group term life insurance policies
o ■ interest-free or low-interest loans
o ■ meals
o ■ security options
o ■ tool reimbursement or allowance
o ■ transit passes
o ■ tuition fees
• Can count spouse’s income towards family unit income if:
o has a yearly Alberta income before tax that is greater or equal to 42% of your yearly income before tax, and
o has a bona fide job offer from an Alberta employer for part-time or full-time work in any occupation and is working with authorization for that Alberta employer.

• Use Alberta’s Low Income Measure (LIM) chart (currently at 70% of the AB LIM)
o Increase to 75% Jan 1, 2020
o Increase to 80% Jan 1, 2021

[/spoiler]

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At some point in July 2018, the recreational use of Marijuana will become legal in Canada….however, Prime Minister Trudeau has confirmed it WILL NOT be Canada Day (July 1, 2018). With the explosion of this new industry, there is going to be a significant need for Marijuana Professionals to fill labour shortages and skill gaps within this industry in Canada. Immigration Lawyer, Betsy Kane and I discuss some of the existing work permit options that may be available to secure work authorization for these specialized marijuana workers in Canada.

Betsy joined me once again to tackle this brand new topic that has not received too much coverage within Canadian immigration to date. However, it is clear that once recreational use of marijuana becomes legal in Canada, there is going to be a significant need for people with expertise in this unique industry.

If you would like to learn more about Betsy and her firm, listen in to Season 1 Episode 22 where Betsy discusses a little more about how she got into immigration and her firm Capelle Kane which has been operating in Ottawa since 1994.

In this first episode of 2018, Betsy and I covered the following topics:

1. What is happening within the Marijuana industry in Canada.
2. What types of workers and specialized personnel are going to be needed.
3. The various work permit categories currently available.
4. Trouble areas that could pop up
5. Tips for helping your professional – look professional when apply for their work permit at the Port of Entry

[Tweet “How to Bring Marijuana Professionals into Canada“]

Additional Resources:

• The best way to reach Betsy Kane:
  • Capelle Kane law firm: http://www.capellekane.com/
• Legalization and Regulation of Cannabis in Canada: https://www.canada.ca/en/services/policing/justice/legalization-regulation-marijuana.html
• Global Talent Stream: https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent/requirements.html
• LMIA Process: https://www.canada.ca/en/employment-social-development/services/foreign-workers.html
• NAFTA Professionals: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/international-free-trade-agreements/north-american.html
• International Experience Canada: http://www.cic.gc.ca/english/work/iec/eligibility.asp
• C10 – Significant Benefit: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/canadian-interests-significant-benefit-general-guidelines-r205-c10.html

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As many are likely aware by now… US President Donald Trump is acting quickly on his campaign promises. Through the use of some very strategic executive orders, he has shaken the very foundation of immigration law and policy in the United States. Although this Podcast is traditionally devoted to Canadian immigration, my special guest Heather Segal, a Canadian immigration lawyer and US immigration attorney, shares insight on not only what is happening in the US, but the potential impact it could have for Canadian immigration.

If you think what is happening in the US will have no impact on us in Canada, listen to what Heather has to say… you might just have a different outlook when you are finished!

If you are anything like me, you are probably wondering what the heck is going on south of the border. Although many of us thought President Donald Trump would do some pretty crazy things while in office, I’ll bet none of you thought he would act so quickly to ensure his campaign promises became a reality. I am seriously starting to think that President Trump’s wall between Mexico and the US might actually happen……. who actually “pays for it” is an entirely different topic.

Heather Segal and I had a great time talking about what is happening in the US and musing over the possible ramifications, both good and bad, for immigration in Canada. One thing is certain, we will be impacted one way or another. With any luck for us immigration lawyers, Canadian immigration will be booming once again in just a few short months.

Heather Segal is founder of Segal Immigration Law in Toronto. She is widely recognized for her expertise in immigration law and she speaks regularly at conferences and seminars throughout the world. Heather practices exclusively in the area of Canadian immigration law and American Consular and Border immigration law.

She has spent a decade as a Director on the Board of the American Immigration Lawyers Association (AILA).  She is currently a member of the AILA Customs and Border Protection National Liaison Committee. She was voted by her peers as one of the world’s leading practitioners in corporate immigration law in 2018 in Who’s Who Legal – Corporate Immigration, a distinction I am also grateful to have received.

In this episode Heather and I discussed the following topics:

• background on the current executive orders and what they mean;
• how US immigration policy compares with immigration policy in Canada;
• the potential impacts of US immigration policy on Canadian immigration;
• what President Trump intends for H1B and L visas in the US; and
• what does President Trump have in store for NAFTA.

[Tweet “How will Trump’s immigration policy impact on Canada.“]

Additional Resources:

• The best ways to reach Heather Segal:
  • E-mail: heather@segalilaw.com
  • Phone: 416-656-2345
  • LinkedIn Profile: https://www.linkedin.com/in/heathersegal1
• Heather’s firm Segal Immigration Law: http://segalilaw.com/
• Full Text of Trump’s Executive Order – “Protecting the Nation from Foreign Terrorist Entry into the United States“: http://www.npr.org/2017/01/31/512439121/trumps-executive-order-on-immigration-annotated

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Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

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If you are a foreign national planning on immigrating to the Province of Saskatchewan or a human resource manager seeking a way to retain your key Saskatechawan based foreign workers… this Episode is for you.

Canadian immigration lawyer Scott Bell shares some amazing insight on the inner workings of the Saskatchewan Immigrant Nominee Program from an employer perspective and also touches on some of the unique Provincial regulations that impact on an employer’s ability to recruit foreign workers to work in Saskatchewan.

The various PNPs across the country offer some very unique and focused opportunities for foreign nationals seeking to immigrate to Canada. In most cases these PNPs have very unique requirements that distinguish themselves from the other PNPs. When trying to understand the inner workings of the various PNPs, the best place to go is excellent immigration lawyers like Scott Bell who actually live and practice within the Province of that Provincial Nominee Program.

In this Episode of the Podcast, Scott shares some great insight on the program, its history, and some of the best programs available for foreign workers seeking to immigrate to the Province of Saskatchewan. The information he provides is extremely valuable in helping to demystify some of the more idiosyncratic aspects of the SINP.

By listening to what Scott has to say in this Podcast, you will most definitely avoid some of the significant pitfalls people commonly run into when apply to immigrate to Canada through the SINP. One thing is for certain…although the process seems easy and the government goes out of their way to tell everyone they do not need to hire an immigration lawyer, engaging someone like Scott to help you navigate the SINP is money well spent.

In our interview, Scott and I covered the following topics:

1. background on Scott and how he got into immigration;
2. background information on the SINP;
3. programs ideally suited for companies wishing to retain key TFWs in Saskatchewan;
4. the impact of the Foreign Worker Recruitment and Immigration Services Act in the hiring process;
5. new attractive options for international students seeking immigration through the SINP;
6. Scott’s list of common Do’s and Don’ts when filing a SINP application; and
7. How Scott can be reached.

[Tweet “SPECIAL PNP SERIES – Saskatchewan Immigrant Nominee Program“]

Additional Resources:

• The best way to reach Scott Bell: sbell@mlt.com
• Scott’s firm MLT: http://www.mlt.com/
• Foreign Worker Recruitment and Immigration Services Act: http://bit.ly/2gxeNSq
• Saskatchewan Immigrant Nominee Program: http://bit.ly/2haRrm5

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You can read additional notes for this episode, [spoiler]

CIP S1 E17: Interview with Scott Bell – Show Notes

Welcome to Scott Bell and background information on his practice.

Q: How did you get into Immigration Law?

With the recent changes to Express Entry, many employers are turning once again to the various Provincial Nominee Programs across the country to assist in their efforts to retain foreign workers that are key employees.

I invited Scott Bell to join me today to talk about the Saskatchewan Immigrant Nominee Program.

Before our call I went to the SINP website, but the site is actually down. There must be a lot of people interested in exploring the SINP as an option for immigration.

Q: Can you tell us a little about the program generally and why it might be a good place to start for employers looking for ways to retain key staff in the Province of Saskatchewan?

Q: I understand that the SINP requires all employers to register if they are bringing foreign workers into Saskatchewan.  Can you talk a little bit about this?

Answer: Foreign Worker Recruitment and Immigration Services Act? Outside employer without a base – difficult for new employers. Manitoba Act – LMIA exempt don’t need registration, in SINP there is a double exempt LMIA exempt

Q: What specific programs are available and likely the most beneficial for employers wanting to support their TFWs?

Q: I understand the Province is making a big push to attract international graduates from other Provinces. Can you tell us a little about this?

Q: Can you provide us with your Top 3 Do’s and Don’ts when it comes to seeking nominations through the SINP?

• Employer Registration has to be done first – before recruitment
• Going down the PR when not intend to live the SINP (economic establishment)
• Undertaking to adhere to STS conditions – restricted labour mobility. – compliance.
• Failure in compliance with Provincial Rule can save issues with Federal applications – affect outside of Province Federally as well.

Q: How can people reach you?

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

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Have you ever had a problem with a Canadian immigration application and needed to speak with an officer to try to resolve the issue? I’ll bet you spent hours trying to get through to a live call centre agent…only to be told there was no way to speak with the officer actually processing your file. If you are like me, one of the most frustrating aspects of practicing immigration law is trying to have any meaningful communication with Canadian immigration authorities. The government has put up every possible roadblock they can think of to keep people from contacting them regarding their immigration applications.

In this Episode of the Canadian Immigration Podcast, I had the pleasure of interviewing Liz Wozniak who practices immigration out of her firm, North Star Immigration Law, located in Halifax, Nova Scotia. Liz and the other lawyers in her firm handle all kinds of complex immigration issues for their clients. However, after my interview with Liz, the one thing that stood out most to me was the fact they cared enough about the practice of immigration law to offer Pro Bono assistance to people in a Province where no legal aide exists for immigration related matters.

Now don’t get me wrong, Liz and her colleagues do charge for the legal services they provide; however, they recognize the importance of helping those most vulnerable by paying forward the gift they have received in practicing Canadian immigration law.

In this spirit of giving, Liz took some time to visit with me about some of the best strategies she has developed over the years to communicate with the various Canadian immigration departments.

In most cases, immigration lawyers tend to hold these strategies pretty close to the vest…..however, Liz was generous enough to pull back the curtain a little bit so  as to help you and I understand what works and what doesn’t in this crazy world of communicating with Canadian Immigration authorities.

In my interview with Liz, we cover some great strategies in communicating with the government in the following circumstances:

• inland applications (IRCC);
• visa office’s abroad (IRCC);
• reporting abuse (ESDC/IRCC);
• labour market impact assessment applications (ESDC/Service Canada); and
• Canadian ports of entry (CBSA).

[Tweet “Trouble contacting #cdnimm- we’ll show you how!“]

Additional Resources:

• The best way to reach Elizabeth Wozniak : http://nsimmigration.ca/
• Liz’s Blog – http://nsimmigration.ca/lizs-blog/ 
• Case Specific Enquiry E-mail: http://www.cic.gc.ca/english/contacts/web-form.asp
• Government Departments Discussed in the Podcast:
  • Immigration, Refugees and Citizenship Canada: http://www.cic.gc.ca/english/index.asp
  • Temporary Foreign Worker Program (Service Canada/ ESDC): http://www.esdc.gc.ca/en/foreign_workers/index.page
  • Canada Border Services Agency: http://www.cbsa-asfc.gc.ca/menu-eng.html

Listen to Mark Holthe’s Canadian Immigration Podcast

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CIP Show Notes – Elizabeth Wozniak, Immigration Lawyer

Liz Wozniak is the owner of North Star Immigration Law Inc., the largest Canadian immigration law firm in the Maritimes. Liz leads a team of four lawyers and one articled clerk in providing legal services and creative solutions in all aspects of Canadian immigration law.

Liz and her team work in a collaborative environment where only lawyers work on client files and they only charge flat rates.

Liz is originally from Edmonton, Alberta and lived overseas for 5 years (in China and Korea), where she taught English after getting a degree in education from the University of Alberta. She graduated from law school in Halifax, Nova Scotia in 2001 where she remains as a lawyer and lives with her spouse and two children.

Liz is frequently consulted by journalists, government and non-governmental organizations on matters pertaining to immigration law and policy. She regularly presents at conferences, workshops and panel discussions on immigration, legal ethics and legal innovation.

Question Intro: Tell me a little more about your experience teaching English in China and Korea.  I don’t suppose that had anything to do with you getting into immigration period?

Well… over the past few years it has become increasingly difficult for us as immigration lawyers to be able to speak with anyone within Immigration Refugees and Citizenship Canada (IRCC) – or other immigration related government departments when we have run into processing delays or other issues with the files we have submitted.

Contacting the government to inquire on an immigration matter has become a real issue.

I’ve brought Liz on to share some insight on this process including some potential tips and strategies in attempting to navigate the painful experience of trying to communicate with all of these lovely government departments.

Question #1:  so if we are an individual who has submitted an application to IRCC and wants to obtain an update on the status of that application, how does one go about doing this? And is there a difference between inquiring on a permanent resident application, versus a temporary resident application? Inside versus Outside Canada?

Question #2: So let’s say that we have an urgent issue that requires us to reach out to an immigration officer on a file that is in process.  Are there other options available to try to deal with the issue as quickly as possible?

Question #3: Bogus IRCC mechanisms for reporting abuse and conditional PR violations.

Question #4:  let’s talk about the CBSA.  Sometimes we have clients that are adjudicating their applications directly at a port of entry.  Is there any way to reach out to these officers at the POEs in advance of someone’s arrival to discuss issues related to an application? Or to speak with an officer who has recently been refused admission to a client?

Question #5:  Okay, let’s now talk about the wonderful world of the Temporary Foreign Worker Program and communicating with Service Canada when filing LMIA applications. Do you have any suggestions for navigating this ruthless world?  Are there pitfalls people must be aware of when filing applications?

Question #6:  let’s say you run into issues when the application is being processed.  Is there a way to speak to an officer prior to a refusal?  What options are available to speak with an officer after a refusal has been rendered?

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

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If you are an employer who is using the Temporary Foreign Worker Program in Canada, especially for low skilled workers, you will not want to miss this episode of the Canadian Immigration Podcast. The Liberal government under the direction of MaryAnn Mihychuk, Minister of Employment, Workforce Development and Labour, has undertaken a review of the TFWP.  Join us this week as Russ Weninger, Canadian Immigration Lawyer, who has a particular expertise working with low skill TFWs in Canada, was recently quoted in an article published by the Calgary Herald, “Easing of temporary foreign workers Welcomed by Alberta Businesses.” Although focused on low skill and low-wage TFWs, this episode can benefit anyone who is hiring or looking to hire from the TFWP.

In this episode of the Canadian Immigration Podcast Canadian Immigration Lawyer, Russ Weninger, joined me for a conversation on the low-wage temporary foreign worker program and the problems that it faces as the Liberals mull over its future. Russ shared with me some great insight  on the program and hinted at various changes that need to be made and how navigate the complexities of the system right now.   

It was easy to see how much Russ cares about the low skill foreign worker in Canada. He was extremely generous in sharing his knowledge and experience which will definitely benefit anyone accessing the low-wage stream within the TFWP. Russ also shared some of the struggles employers face with the 10% cap and why he feels the whole system is arbitrary and does not reflect actual labour needs.

It was a pleasure to chat with Russ. He has a real unique perspective on low skill TFWs and it definitely showed throughout the interview.

In my interview with Russ, we cover the following areas:

• The LMIA process is like an impossible quest
• 10% cap imposed on employers employing low-wage foreign workers
• Challenges and abuses occuring within the TFWP
• Pathways to permanent residence for foreign workers
• The role of Immigration in Canada’s future

[Tweet “What does the future hold for the Canadian #TFWP?“]

Time Stamped Quick Reference Guide

In order to help you jump to the areas of most interest to you, I have included below some time stamps for some of the significant topics covered in this episode.

7:47 – Who is Russ Weninger

19:49 – How he got into immigration

21:15 – Overview of TFWP for low wage/skill workers

26:20 – Caps on low wage/skill workers

34:03 – Regardless of unemployment, some jobs stay open

38:09 – Path ways to permanent residence

31:00- Why you need to maintain proper records

41:30 – The practical side of immigration? 

47:10 – Greatest influence on Canadian Immigration Policy

50:41 – How to locate Russ Weninger – http://www.calgaryimmigrationlawyer.com/

Additional Resources:

• The best way to reach Russ Weninger : http://www.calgaryimmigrationlawyer.com/
• Call the office: 403-265-4496
• Life in Waterton
• Wealth Transfer in next 10 years
• Will your tablet replace your family doctor?
• 10 % Cap for TFWP
• Minister’s Statement on the TFWP
• Easing of temporary foreign worker caps welcomed by Alberta businesses

Listen to Mark Holthe’s Canadian Immigration Podcast

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You can read additional notes for this episode, [spoiler]

CIP S1 E23: Podcast Show Notes – Russ Weninger- Temporary Foreign Worker Program Review – What does the future hold?

Russ Weninger is a Canadian Immigration Lawyer with an extensive knowledge for the low skill, low-wage TFWs and how to navigate the Immigration System. Russ’ enjoys volunteering for several organizations such as, The Calgary Legal Guidance, The Center for New Commerce, The Genesis Center, Law Day and the Kirby Center.  

In this episode of the Canadian immigration podcast we discussed the changes and issues within the low skill, low-wage workers and the temporary foreign worker program. Some of the specific areas covered include:

• LMIA seems to be an impossible quest.
• Cap on percentage of low-wage workers
• Challenges and abuse incidences of those in the TFWP
• Pathways to permanent residence
• The purpose of Immigration

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

If you are an employer who is using the Temporary Foreign Worker Program in Canada you will not want to miss this episode of the Canadian Immigration Podcast. Whether you are a new employer looking to access the TFWP for the first time, or a long term benefactor of temporary foreign workers, you have got to listen to what immigration lawyer Betsy Kane has to say about the Foreign Worker Program and the dangers and pitfalls that exist as a result of the government’s Employer Compliance measures. Although focused on the Canadian employer, this episode can benefit anyone who is dealing with hiring foreign workers and the steps that need to be taken to protect your company in the event ESDC’s Integrity Service Branch Officers come a calling.

In this episode of the Canadian Immigration Podcast Senior Practitioner, Betsy Kane, joins us for a conversation on Employer Compliance and the Foreign Worker Program. Betsy has over 22 years of experience in immigration law, Betsy’s strengths lie in offering corporate immigration representation to employers and international employees. 

I was in awe of the knowledge and information that Betsy revealed during our conversation on the Foreign Worker Program and the Employer Compliance Review (ECR) process. In this episode she shared some of the struggles her clients have had navigating the painful ECR process. Betsy took us through the inspection process in detail and provided us with amazing insight into the traps employers can fall into without even recognizing that it is happening.

Although I say this in the show notes of virtually every Podcast I release, Betsy really knocked this one out of the park. You are not going to get this level of insight and in depth analysis anywhere else. She completely pulled the curtain back on the crazy world of Employer Compliance in Canada and offered some amazing strategies for dealing with the awful process…when our clients get the dreaded call and followup letter from the Integrity Services Officer.

In my interview with Betsy, we cover the following areas:

• Employer Compliance Review process
• What it is like for an employer to go through an ECR
• Strategies for navigating the process and tips for reducing risk
• Essential documentation to be retained during the process
• The pros and cons of voluntary disclosure of non-compliance
• Amazing war stories that you will not want to miss

[Tweet “Are you being hijacked by the ECR process in Canada?“]

Time Stamped Quick Reference Guide

In order to help you jump to the areas of most interest to you, I have included below some time stamps for some of the significant topics covered in this episode.

4:32 -Who is Betsy Kane

9:52 -How she got into immigration

13:37 -Why lawyers leave the profession

15:15- Background on the Canadian Employer Compliance Process

21:20- A fantastic war story about a Blacklisted Client

26:21- Flow of hiring

31:00- Why you need to maintain proper records

34:11- How does an Employer know when an ECR has been triggered

41:20- How immigration law has become aggressive

43:00- Tips for employers in navigating the process

46:00- Voluntary disclosure

58:30 – How to locate Betsy Kane –contact@capellekane.com

Additional Resources:

• The best way to reach Betsy Kane: contact@capellekane.com
• Capelle Kane Immigration Lawyers: http://www.capellekane.com/ 
• Call the office: 613-230-7070
• Employer Compliance Review and ESDC Inspection document checklist 

Listen to Mark Holthe’s Canadian Immigration Podcast

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You can read additional notes for this episode, [spoiler]

CIP S1 E22: Podcast Show Notes – Betsy Kane- Employer Compliance Review and Foreign Worker Program

Betsy Kane is a senior practitioner in the field of Canadian immigration law with a reputation for providing practical and strategic advice. With over 22 years of experience, Betsy’s strengths lie in offering corporate immigration representation to employers and international employees

In this episode of the Canadian immigration podcast we discussed the Foreign Worker Program and Employer Compliance Review and some of the struggles with the process. If you are an employer or representative the unique perspective that Betsy offers is extremely useful. Some of the specific areas covered include:

• Employer Compliance Review process
• What is it like for an employer to go through an ECR
• Strategies for navigating the process and tips
• Documentation to be kept during the process
• Voluntary Disclosure

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

With the destruction of the immigrant investor and entrepreneur programs in Canada, few options remain to help business immigrants find their way to Canada. In this Episode, Immigration Lawyer, Jeffrey Lowe explains how the Owner Operator LMIA can be the game changer in facilitating permanent residence for not only business immigrants, but one of the groups hit hardest by the creation of Express Entry – the international student.

In this episode of the Canadian Immigration Podcast the Chief Inspirational Officer of Vancouver based Lowe and Company, Jeffrey Lowe, joins us to offer some unique strategies for using the Owner Operator Labour Market Impact Assessment to facilitate immigration opportunities of not only business people, but international students working in Canada on postgraduate work permits.

I was completely blown away by the creativity Jeffrey uses in securing amazing results for his clients. The insight Jeffrey shares can not be found in any immigration law textbook or government website. In this episode he revealed some brilliant strategies that can benefit any immigration lawyer or consultant struggling to assist clients who are left in the dark because of the exclusionary nature of Express Entry. Jeffrey is without a doubt one of the most entrepreneurial lawyers I know and I was delighted to have him join me.

In my interview with Jeffrey, we cover the following areas:

• What is an LMIA?
• What is the basis for the Owner Operator LMIA?
• Practical tips on applying for an Owner Operator LMIA.
• Specific examples of how Jeffrey has used the Owner Operator LMIA to benefit his clients.
• Unique strategies for leveraging off of LMIA exempt work permits to transition to an Owner Operator LMIA and eventual permanent resident status in Canada.

[Tweet “Shut out by Express Entry – Consider an Owner Operator LMIA?“]

Additional Resources:

• The best way to reach Jeffrey Lowe: jlowe@canadavisalaw.com
• Lowe and Company: http://www.canadavisalaw.com
• Free Resources from Jeffrey:
  • Business Imm Options
• Owner Operator LMIAs: http://www.esdc.gc.ca/en/foreign_workers/hire/variations.page

Listen to Mark Holthe’s Canadian Immigration Podcast

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You can read additional notes for this episode, [spoiler]

CIP S1 E19: Podcast Show Notes – Jeffrey Lowe – PLMIAs

Jeffrey S. Lowe  has practiced immigration and business law in British Columbia since 1983.  He holds a bachelor of Laws and a Bachelor of Commerce from the University of British Columbia, and is considered an innovator in the convergence of business, technology and law.

Jeffrey is the Chief Inspirational Officer of Lowe and Company, and has taught immigration law, practice management and legal ethics to lawyers across Canada since 1990.

In this episode of the Canadian immigration podcast we discussed the Owner Operator LMIA. If you’ve not yet heard about this LMIA category, don’t worry about it.  Jeffrey does a fantastic job of setting out the ground rules, and explaining to you some unbelievably creative and unique ways to use this LMIA category to help your clients immigrate to Canada.

Some of the specific areas covered include:

• What is an LMIA?
• What is the basis for the Owner Operator LMIA?
• Practical Tips on Applying for an Owner Operator LMIA
• Specific examples of how Jeffrey has used the Owner Operator LMIA to benefit his clients.

In order to help you jump to the areas of most interest to you, I have included below some timestamps for some of the significant topic covered in this episode.

4:54  – Who is Jeffrey Lowe?

14:25 – What is an LMIA?

19:00 – What is the Owner Operator LMIA?

27:23 – 6 Different ways an individual can come to Canada to start a business with a work permit without an LMIA:

• ICT
• NAFTA Investor
• Korea, Chile, Peru, Columbia – Free Trade Agreements with comparable investor programs
• Post Grad Work Permit Holders – can set up a business (1-3 years to get operating) and then apply for O/O LMIA
• Spousal Open work permit – can also set up a business and then apply for an O/O LMIA
• Work Holiday work permit – can also set up a business and then apply for an O/O LMIA

30:37 – Can an investor obtain an O/O LMIA in the context of “passive investment”

32:20 – What percentage of ownership must an application have to qualify for an O/O LMIA

36:00 – How important is job creation to the success of the O/O LMIA?

33:51 – Specific Examples of how the O/O LMIA can be used. Including a great solution for Post Grad students seeking to remain in Canada a permanent residents of Canada

44:00 – Consider the possibility of having co-owner operators who are both eligible for an O/O LMIA

47:37 – How to locate Jeffrey Lowe – jlowe@canadavisalaw.com

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

This is the fourth and final blog in a 4 Part series that examines the TFWP in depth and proposes why Express Entry is the solution for all that ails the TFWP. Read, comment, criticize or praise. The purpose of this blog is to create dialogue.

Transitioning from reliance on the TFWP to adopting Express Entry is not a stretch. 

Currently, any candidate with an LMIA support Job Offer is virtually guaranteed to be drawn from the Express Entry pool and receive an Invitation to Apply for permanent resident status in Canada. One of the primary purposes of Express Entry is to ensure that special priority is given to candidates that fill labour shortages in the country.

Whether you are a Rocket Scientist or a Food Service Supervisor, if your job offer from a Canadian employer is supported by an LMIA, your chances of obtaining permanent resident status in Canada skyrockets. Regardless of your occupation, provided it is considered to be “skilled work” you have an equal opportunity at the golden ticket to permanent resident status.

For many foreign nationals seeking to immigrate to Canada from countries where economic opportunity is limited, finding an employer willing to obtain a Permanent Labour Market Impact Assessment (PLMIA) is a lot like the experience of Charlie in the Warner Bros. movie “Charlie and the Chocolate Factory.” Finding an employer with a PLMIA supported job offer is like Charlie finding that last “golden ticket” in his Wonka Bar.

Currently, the golden ticket route requires an employer to show there are no Canadians or permanent residents of Canada available to fill the position before the LMIA can be granted. In essence, the government has superimposed the TFWP requirements on the Express Entry regime and given special priority to these candidates by awarding them a whopping 600 out of the maximum 1200 CRS points for their super charged Job Offer. With ITAs being granted consistently to candidates below 600 points, the government has sent a message that any skilled worker seeking to immigrate to Canada is welcomed with open arms if they can show their arrival in Canada is not going to cause a Canadian to lose an opportunity for work.

Some may say this transposition of the TFWP onto the Express Entry regime is a bad thing.

However, I believe it actually opens the doors wide open for Express Entry to truly replace the TFWP as the primary option for employers.

The only challenge is that the government is going to need to create some incentives for employers to “choose” Express Entry over the TFWP.

Why?

Because it is very clear that “bad employers” will not want to part with the TFWP easily. After all, if they bring in a foreign worker under the TFWP, they control that worker. If that worker comes in as a permanent resident of Canada, they are a “free agent” and the employer has no more power over them than any other Canadian employee.

I believe it is for this exact reason that the Express Entry system is the answer when it comes to all that is wrong with the TFWP. However, let me start by explaining what permanent resident status means to each of the stakeholders involved (foreign workers, employers, and finally the government)

Express Entry – What’s in it for the foreign national?

It means labour mobility – the ability to work “condition free” anywhere in Canada pursuant to section 6 of the Charter of Rights and Freedoms.

It means the foreign worker is no longer tied to an employer unless “they” want to continue working for them.

It means their future in Canada is not determined by their ability to keep their employer happy.

It means no more exploitation of the vulnerable – if an employer treats you like garbage, you move on to another employer.

It means they as  newly landed permanent residents are free to enjoy virtually every benefit a Canadian citizen enjoys except the right to vote.

Simply put….it means no more abuse at the hands of bad employers. And what foreign national would not jump at the chance to have control over the lives and their future in Canada. To no longer have to feel trapped in a job because it is the only means for them to be able to continue providing for their families back home…and most importantly, the only means by which they can obtain permanent resident status in Canada.

Express Entry – What’s in it for the good employers?

Clearly the Express Entry process is pretty awesome for a newly landed permanent resident of Canada; however, what’s really in for the good employers? I just want to remind you that there is nothing attractive about Express Entry to “bad employers.” It undermine their position of power and forces them to have to work to keep their employees.

Employers complain that if they put in the time and resources to bring someone here as a permanent resident of Canada, there is no guarantee they will stay with them. My response, to this concern is:

“then create an atmosphere in which they want to stay”

In the old TFWP system, the bad employers were rewarded because they didn’t have to be good. They knew the foreign workers were tied to them for as long as they could drag things out until they obtained permanent resident status. This would not be the case in the new world of Express Entry because:

“bad employers are punished for being bad employers.”

And who punishes them?

Not the government. Not the Integrity Services Branch Officers of ESDC.

The market does.

If a bad employer tries to treat their new PR like they did within the TFWP, the new PR will not last a month with that employer. They will move on to greener pastures where they are treated better….

…better wages, better working conditions, and better opportunities with better employers….good employers!

For years we have listened to the President of the Alberta Federation of Labour, Gil McGown slag the TFWP. One of his chief gripes was the perceived downward pressure on wages. When a foreign sourced worker comes through the Express Entry regime with an official Express Entry Job Offer, wages are no longer an issue. The market will dictate what that new PR will get paid.

Yes, I know that the LMIAs that support these Express Entry Job Offers are approved at the prevailing wage. However, once a foreign national becomes a permanent resident of Canada, the conditions imposed through the LMIA are unenforceable against the employer and the new PR.

So theoretically, much to Gil’s chagrin, an employer could pay the newly arrived PR minimum wage if not otherwise governed by a collective agreement.

However, the reality is that very few new PRs would put up with that for long. The market would make the correction because these new PRs are free to explore every opportunity available to them. And that includes telling an abusive, underpaying, bad employer to take a hike.

See…..good loyal workers are not easy to find these days and with complete labour mobility, the new PR would likely have no trouble finding a new job that paid more. So if bad employers are not able to keep these newly hired PRs at the low wages they are offering, guess what happens?

Surprise, surprise…..wages go up!

And if bad employers are unable to keep their newly recruited PRs, and presumably unable to entice Canadians to work for them, guess what happens to bad employers?

They are put out of business.

I can not see any scenario where shutting down bad employers is harmful for our economy.

Bad employers are inevitably replaced by good employers. Employers who treat their workers with respect and in turn earn their loyalty. Loyal employees care about their jobs and are far more productive than those who are simply showing up to collect their pay cheque. Good employers are rewarded for being good employers because they no longer have to compete against bad employers that grind their profits out of their employees through oppression, abuse and exploitation.

Now what good employer doesn’t like a level playing field?

Express Entry – What’s in it for the Government

But a level playing field only benefits the employers. What about the government? Why does it makes sense for the government to entice employers to use Express Entry over the TFWP?

Remember what I said about the dog barking and barking, but never biting?

Well……with Express Entry as the primary tool for meeting our labour shortages, why do we even need a guard dog in the first place?

If foreign nationals are coming to fill jobs in Canada through Express Entry, they come as permanent residents. The entire need for a robust enforcement regime completely washes away. Each of these newly landed PRs are strategically serving the dual purpose of filling current labour shortages as well as counting towards our annual immigration levels planning targets.

The government was going to be bringing these folks in under one economic category or another anyways, so we might as well get rid of the pain and suffering that accompanies the TFWP and bypass the middle man by recruiting them directly into PR status.

Think of the millions of dollars that have been wasted on the enforcement arm of the TFWP. I am not going to rehash all of the reasons I gave previously for its ineffectiveness and misguided priorities. Suffice it to say that if foreign workers were instead brought in directly as PRs, there would be no need for a naughty list, employer compliance reviews, inspections, monetary penalty regimes, an online fraud reporting tool, or even a robust Integrity Services Branch.

As a side note, Immigration lawyer, Betsy Kane, of Capelle Kane Immigration Lawyers in Ottawa, prepared a great blog on the Employer Compliance Review process and provided an ESDC Inspection Document Checklist that is a great resource for assisting employers going through an inspection. So if you are an employer currently going through an inspection, definitely check out this blog.

Each province in Canada has their own Employment Standard Branch, so the position of Integrity Services Officer with ESDC becomes almost redundant. I wonder if the Canada Revenue Agency would be able to give these officers their jobs back if these positions became obsolete?

Imagine what Canada would be like if the Minister of Employment, Workforce Development and Labour, The Honourable MaryAnn Mihychuk, could forget about the TFWP and instead focus all of her energies on the top priorities set out in her Ministerial Mandate Letter from Prime Minister Trudeau.

As she undergoes her current review of the TFWP, I am not surprised that she has been somewhat vocal in her desire to simply scrap the whole thing. Prime Minister Trudeau gave her a very clear mandate on what she was expected to accomplish within her portfolio. Noticeably, overhauling the TFWP was not on her list.

One of my colleagues made one of the best suggestions I have heard in a long time. She suggested that given Minister Mihychuk’s mandate, the TFWP is likely better suited to be slotted within the mandate of Minister John McCallum and his Department of Immigration, Refugees and Citizenship Canada than within her portfolio of Employment, Workforce Development and Labour.

I couldn’t agree more…..and suspect both Ministers would likely not disagree either.

One huge problem – Express Entry is not open to low skill workers

However, there is one critical component to the entire Express Entry discussion that must be addressed. Only “skilled workers” are current eligible to participate in Express Entry.

So all of my wonderful eloquence regarding the virtues of Express Entry in protecting the vulnerable, punishing the bad employers and saving the government millions of dollars in their feeble attempts to enforce the TFWP are all pretty much useless unless low skill workers are somehow accommodated within the Express Entry regime.

Under the Express Entry system, the only pathways to PR are through the Federal Skilled Worker Program, the Canadian Experience Class, the Federal Skilled Trade Program, or a participating Provincial Nominee Program. None of these programs contemplates someone with only low skill work experience. As such, a new set of criteria would have to be created and tailored specifically to low skill workers with LMIA supported Job Offers.

If I tried to provide a comprehensive overview of what a low skill Express Entry program could look like, this blog would likely break all records for blog length and result in no one reading it. It’s likely many people have already given up before we got to the good stuff.

However, as I stated previously, my goal in writing this blog is to stimulate discussion.

I am going to set out below two simple suggestions that if considered, could contribute to a system that may just work for all stakeholders. If you like these suggestions, then let me know. If you have alternative ideas that you would like to share, leave a comment below, or better yet, leave me a digital voice message by clicking on the “Ask an Immigration Question” on the right side bar of the CanadianImmigrationPodcast.com website.

There is nothing better than an open source think tank for resolving the difficult issues of the day. So don’t be afraid to sound off. This should be fun. For any of you daring enough to leave a voice message, I will select the best ones and share them with everyone on a Podcast Episode I intend to dedicate entirely to this topic.

Maybe I could get Minister Mihychuk to join me to discuss her thoughts on the topic as well. (Yes I know there is about a .00001% chance of that happening).

Here are my two suggested strategies for replacing the Low Skill TFWP with the Express Entry system.

1. First look to the Provincial Nominee Programs to accommodate low skill workers through special Express Entry Streams

Some of our Provincial Nominee Programs have experience administering low skill (semi-skill) streams that are driven by employers. These programs are traditionally focused on transitioning low skill foreign workers into PR status (TFW flips) when they have gained a certain amount of work experience in that province. However, with some encouragement from the Feds, some Provinces may be willing to work with industries experiencing low skill shortages to issue nominations that are specifically designed for the fast track Express Entry process.

One point of contention has always rested with the number of nominations granted to a Province each year. For Provinces such as Alberta where low skill foreign workers have formed a significant portion of the AINPs annual quotas, any discuss about the 5500 current allocations going to Express Entry has been met with considerable resistance. However, by allocating additional nominations to the AINP for the sole purpose of a Low Skill Express Entry program – this may just be something Brad Trefan, Director of the AINP just might be willing to entertain.

In fact, the AINP has already experimented with an Alberta Experience Class that opened the door for any low skill worker with Alberta work experience to qualify for nomination provided they had a sufficient level of English language ability.

This option is entirely doable if the PNPs were granted additional allocations for this purpose. However, I’m just not sure whether or not Minister McCallum would be willing to do so. In previous speaking engagements he has reiterated that immigration is a Federal program and he is reluctant to allocate additional nominations to the provinces when they already form a sizeable portion of the economic immigration quota. In Season 1 Episode 13 of the Canadian Immigration Podcast, I shared some of the highlights from Minister McCallum’s speech to the National Immigration Section of the Canadian Bar Association at our annual conference held in Vancouver this year. Minister McCallum was pretty clear that no additional allocations to the PNPs would be coming anytime soon!

2. Create a Federal Low Skilled Worker Program (FLSWP) within Express Entry

There is nothing preventing the government from creating a program similar in kind to the Federal Skilled Worker Program where PLMIA supported Job Offers are a prerequisite to eligibility. In order to ensure candidates have the greatest chance of success upon arriving in Canada, a separate FLSWP selection grid could be created to target candidates with human capital factors ideally situated to success within the program (language, age, education, and work experience).

Further, in order to ensure employers do not waste time obtaining PLMIAs for candidates that do not meet the minimum threshold for the FLSWP, some form of mandatory mechanism could be put in place to ensure that candidates are pre-approved for the FLSWP before an employer can start the PLMIA process.

Now if only there was some form of “government sponsored employer/ employee matching service” that could be used to connect pre-approved candidates with Canadian employers.

Oh that’s right…..there already is an e-Harmony for employers and employees right under our noses. Maybe the FLSWP could actually bring life into the Job Match system that has turned out to be a wholly ineffective tool for matching employers with employees.

Closing comments and tying off loose ends

I don’t want the TFWP shut down for skilled workers, just low skilled

Despite my souring on the TFWP, I want it to be known that I am not calling for a complete shut down of the TFWP. I feel that it has a vital role to play within the ranks of skilled workers including specialized technicians and service providers, professionals, and most importantly senior managers and executive level positions.

However, I will go on the record by stating that I would not have a problem if the low skilled (low wage) program was axed in favour of a direct pathway to permanent residence for these foreign nationals filling low wage positions.

I honestly believe it would be good for our economy and good for our country generally. Especially if the PLMIA regime continued to ensure these low skill candidates are filling positions that Canadians simply do not want to work in.

The only exception I see to scrapping the low skill program is the Seasonal Agricultural Worker Program (SAWP) which really kick started the entire low skill program in the first place. I am not sure how else to manage the needs of agriculture without retaining this program. However, with all of the new found time Integrity Service Branch Officers should have on their hands, they could allocate this time to conducting site visits on the farms to truly make sure these employers are behaving themselves.

If Minister Mihychuk scraps the TFWP altogether, expand the IMP to accommodate

I also want to go on record by stating that if the TFWP were to be scrapped entirely, then all of these skilled positions need to be accommodated within the International Mobility Program (IMP).

The Significant Benefit (C10) category could be expanded to include a broader definition of significant benefit. Further, for specialized service providers, owner/operators and other unique situations, it would not take much to accommodate for them within the IMP as well.

However, for all other skilled workers, the answer is simple.

Encourage employers to recruit foreign nationals to fill areas of critical skill shortage through the Express Entry system.

The employer has to go through the same LMIA process regardless of bringing the foreign national in as a foreign worker or a permanent resident. All of my arguments for doing so support this natural conclusion. I am also pleased to know that Minister McCallum also supports this conclusion as outlined in previous blogs.

Ultimately, only time will tell what the latest overhaul to the TFWP will look like. With any luck, the government will read this blog, examine the numerous comments that will most assuredly be left below and develop a solution that solves everyone’s concerns

……..as long as that solution is Express Entry.

In my last blog I spent some time pulling back the curtain on the government’s inability to properly enforce the TFWP. Instead of sending officers to actually check up on “bad employers” they decided to reduce the number of foreign workers in Canada by making the entire process virtually unnavigable. The only ones to truly suffer were the good employers. Let me explain why….

Transformation to an ultra bureaucratic and unintelligible system

Good employers are now faced with an LMIA regime that is ultra bureaucratic and laced with a whole host of completely arbitrary program requirements that set legitimate employers up for failure every time. At the time in which the program was overhauled and new arbitrary policies were put in place, the Conservatives were doing everything in their power to distance themselves from the TFWP prior to the election in the Fall of 2015.

I’ll be honest….the conspiracy theorist inside me can not help but feel there was a royal proclamation from the PMOs office that the number of foreign workers in Canada must be reduced prior to the election – and to do so at all costs.

What better way to reduce the number of foreign workers in Canada then to make the process so completely impossible to comprehend and entirely arbitrary such that an officer could refuse for virtually any ground including….

get this…..

they just didn’t “feel” there were labour shortages in certain industries

Steven Meurrens, an immigration lawyer in Vancouver, has written an excellent article on his blog “Meurrens on Immigration” where he provides a comprehensive overview of the Labour Market Impact Assessment’s recruitment requirements. Even after reviewing the internal directives on the blog which were obtained through an Access to Information Request, one can’t help but feel the entire process is beyond comprehension and designed, in part, to generate refusals.

Because there is no appeal mechanism for negative decisions, the only recourse for employers is to seek redress from the Federal Court. In the vast majority of cases, this is not a viable solution. It makes the most sense to simply re-advertise and try to address the officer’s written reasons for refusal in a second application. After all….with vague publicly released guidelines, the only concrete thing to go on is the reasons given by the particular officer who just finished rejecting your application.

However, since the TFWP was overhauled, more and more employers have chosen to challenge the unfairness that exists within the decision making process for LMIAs by filing Judicial Review applications. Although many of these JR applications are consented to by DOJ and sent back for redetermination by another officer, some do manage to work their way through to Federal Court for a binding decision.

In Canadian Reformed Church of Cloverdale B.C. v. Canada (Employment and Social Development), 2015 FC 1075 an employer in BC was successful in challenging the decision of an officer who refused their LMIA application because they failed to include a business address in their advertisements. You will recall that “business addresses” are one of the mandatory components to an acceptable advertisement within the minimum advertising guidelines.

O’Reilly, J. confirmed that ESDC’s guidelines on advertising where not law and could not be treated as such. By relying upon the advertising guidelines as the sole reason for refusal, the officer was improperly fettering their own discretion which resulted in the case being sent back to another officer for redetermination.

More recently,  O’Reilly, J.  was back at it again on the other side of the country in New Brunswick in the decision of Paturel International Company v. Canada (Employment and Social Development), where he once again found that an ESDC officer had fettered their discretion in relying solely on internal guidelines as the sole basis for refusing an LMIA application:

The officer’s reliance on EI data as the single source on which to base a calculation of the median wage in the industry, and to use that data as the sole basis to reject Paturel’s application, amounted to a fettering of the officer’s discretion. Therefore, the officer’s decision was unreasonable.

The thing I like most about this decision is that the courts are confirming that officers actually have to think and can not rely on their internal policy guidelines (the ones they do not release to the public) as the sole basis for refusing an LMIA application.

Turn down the intake of new applications and there will be fewer employers to investigate

So why in the world did the TFWP transform from something relatively predictable and fair, to one primarily focused on refusing applications?

For some reason, the government must have felt that it was easier to keep employers out of the program by making it increasingly difficult to obtain an approval instead of enforcing the rules once they got in.

I guess there is something to be said for this. However, with a program that relies upon employer attestation, there is nothing preventing bad employers from gaming the system by submitting fraudulent applications. In contrast, the good employers are being shut out because they attempt to follow the rules and see their applications refused based upon a series of extremely arbitrary and technical internal guidelines.

Some are probably wondering, how can a bad employer submit a fraudulent application and hope to get away with it given the government’s commitment to audit one in four employers every year. If employers are supposed to keep all of their records of recruitment for a period of six years, then theoretically every employer should be audited at some point in the future. Right?

Well the answer is pretty simple. Employers are supposed to keep copies of all of the resumes they receive during the recruitment process. If a bad employer wanted to game the system, all they needed to do was to toss out the resumes that matched the job they were advertising and only keep the ones that didn’t. In submitting the LMIA applications, the bad employers would need only disclose the mismatches and fraudulently attest that there were no Canadians or permanent residents qualified for the position.

The government would have no way of knowing whether or not the employer conducted legitimate recruitment efforts and would have to trust the employer or rely upon their own conflicting occupational outlook data to determine that the employer must not have been looking hard enough due to high unemployment rates within the occupation. Even a site visit could not catch outright fraud as described in this situation.

The low skill and high skill foreign worker programs should be split

The last knock I’ll give the TFWP relates to the one size fits all model. It doesn’t have to be this way.

For years stakeholders have been lobbying the government to split the TFWP into two distinct groups. The vast majority of abuse and exploitation (including serious non-compliance) is typically isolated within the low skill program.

Yes I know once again…..I am over generalizing things. However, whether I am relying upon my own anecdotal experience, or government sponsored statistical data, it doesn’t take a rocket scientist to come to the conclusion that the structure of the low skill program just lends itself to abuse.

I have yet to see a CBC Go Public piece on a poor engineer or finance manager who has been handed their monthly pay stub with a number written on it in pencil which represents the cash they are to pay back their employer. I’ve never even heard of a welder, pipe fitter or mechanic that has been forced to work endless overtime for no pay.

It just doesn’t happen. (ATTENTION: If you are a welder, pipe fitter or mechanic and this has happened to you or someone you know…let us know…comment below).

So why in the world does the government force employers of skilled workers to go through the same barriers as those that employ low skill workers?

In many cases, the hiring of a specialized technician, or senior manager allows a company to grow and actually create jobs. This is not some pipe dream, but a reality. It is for this reason that when the Immigration and Refugee Protection Regulations were enacted, the drafters built into the LMIA adjudication process a mechanism for approving an LMIA when the hiring of the foreign worker would create a neutral or positive effect on the labour market.

Yet, under the current regime, wages and labour shortage are the factors that get all the attention of officers during the adjudication process.

Section 203 of the Immigration and Refugee Protection Regulations sets out the factors the government is to taking into consideration when determining whether or not to grant an LMIA.

• Factors — effect on labour market

  (3) An assessment provided by the Department of Employment and Social Development with respect to the matters referred to in paragraph (1)(b) shall, unless the employment of the foreign national is unlikely to have a positive or neutral effect on the labour market in Canada as a result of the application of subsection (1.01), be based on the following factors:

  • (a) whether the employment of the foreign national will or is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

  • (b) whether the employment of the foreign national will or is likely to result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;

  • (c) whether the employment of the foreign national is likely to fill a labour shortage;

  • (d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

    ….

Why in the world did (c) and (d) evolve into the primary factors and virtually dominate the assessment process? Were the officers not also charged with the responsibility of taking into consideration the virtues of (a) and (b)?

I think the answer lies in the fact that all foreign workers are treated with equal disdain.

Ouch…there I go again with these generalizations. Obviously, “all” is a little strong and I don’t seriously mean “all” in that all encompassing sense of the word. However, it is clear from the TFWP instructions posted on their website that the advertising guidelines “dominate” the assessment process and only in the very rarest of circumstances can an LMIA be issued without the employer having complied with the minimum advertising guidelines (which of particular note, are virtually identical for both low skill and high skill positions).

See for yourself….

Simply compare the high wage (skill) advertising guidelines with those set out for low wage (skill) occupations and you tell me the difference. Click on the links in the previous sentence and scroll down to the section entitled “Advertisement.“ …I would have included a screen shot, but the section is a little bit too wordy.

Okay…what did you see? Not much difference….right?

I can’t help but compare this exercise I just had you do with one of my favourite marketing campaigns from the early 80s – the Pepsi Challenge.

The high wage advertising guidelines might taste a little better than the low wage, but if you put them side by side in a blind taste test, you likely couldn’t tell the difference.

(okay that was a pretty weak analogy… but you get the point).

Now I’m not going to spend any more time discussing the merits of splitting the program into a low skill and high skill stream because that topic should really be saved for a future blog or podcast.

However, if what I am going to suggest next is not palatable to the government, then splitting the program is clearly the next best thing.

So let’s recap….

If the TFWP is not working very well,

foreign workers are being exploited,  and

Canadians are not being given the first crack at available jobs….

……then let’s take a serious look at a solution that solves all the problems.

And that solution is Express Entry!

But how?

Well, you’ll have to tune in to Part 4 which I’ll release on Monday….

….Sunday is not a day for writing, but a day for rest and spending time with my family that has not really seen much of me this past week.

oh…and don’t forget to share your thoughts below. I’d love to hear your perspective on the TFWP!

….So with high rates of non-compliance within the low skill ranks of the TFWP, coupled with the equally acknowledged need for foreign labour in various industries, I am going to share with you exactly why I feel Express Entry is the solution to all that ails the TFWP.

The government will no longer need to perpetuate the fiction that the TFWP is actually being enforced?

The last time I checked, there has not been a new employer added to the government’s naughty list since November of 2014. Without trying to be too critical, the government’s enforcement mechanism has been like a barking dog with no bite.

After a while, it doesn’t matter how loud the dog barks, the burglar knows the dog isn’t going to bite, so they just keep on stuffing your jewelry into their pillow case

Since 2011, Employment and Social Development Canada (ESDC) and Immigration Refugees and Citizenship Canada (IRCC) (collectively referred to as the “government”) keep ratcheting up the consequences of non-compliance with employers …. but in the end, they rarely punish malfeasance.

Bad employers (and I am going to keep referring to them as this because that is exactly what they are) understand that they can do pretty much whatever they want with their vulnerable foreign workers. Although some initial fear may be struck with each incrementally loud enforcement bark, any apprehension quickly disappears with the realization that no bite is ever coming.

The Administrative Monetary Penalty (AMP) regime, that became law on December 1, 2015, could be helpful in deterrence. However, we have heard virtually nothing regarding enforcement since this latest round of barking commenced. In fact, there has been very little of anything describing how the AMPs will even be administered.

It amazes me that the government can enact arguably punitive legislation against employers without providing the basis upon which the penalties will be applied…but this is also a topic for another blog or maybe even another Podcast.

If there has been any enforcement, [note the inflection in the word “has”] it has come at the hands of the fearsome Integrity Service Branch Officer who goes to all possible lengths to identify the terrible corporate villain who dares to give their beloved foreign worker CEO a 3% annual raise after he had the audacity of earning the company and all its Canadian employees $50 million in the previous year….non-compliance in all its horror!

What a colossal waste of time and governmental resources.

Officers need to conduct site visits

If each of these officers donned their coat, hopped in their bat mobile and actually popped in on the premises of the extensive list of “bad employers,” most assuredly building through ESDC’s online fraud reporting tool, a disincentive would actually be created.

If anyone actually knows how many tips have been generated to date, I would love to know. Clearly they are not being investigated as robustly as previous Minister Jason Kenney assured us all when the TFWP was overhauled/gutted in 2014.

I can’t help but quote from the government’s very own “Bark Sheet” released simultaneously with the announcement that “once and for all” the TFWP was being overhauled and “bad employers” ….well….their days were numbered:

Stronger Enforcement and Tougher Penalties

Increasing the Number and Scope of Inspections

Given concerns over abuse of the Temporary Foreign Worker Program (TFWP), the Government is making a significant investment in its TFWP inspection regime.

Despite the fact that the Low Skill TFW Pilot Project was created in 2002, no inspections were done at that time. In recent years, the Government began conducting inspections, and there is now a dedicated team of inspectors for the TFWP at Employment and Social Development Canada (ESDC) Nevertheless, an additional investment into the TFWP inspection regime is required to ensure stronger enforcement.

Effective immediately, the Government is massively increasing the number of inspections so that one in four employers using temporary foreign workers will be inspected each year These inspections will be as a result of tips, employers being deemed high-risk and random audits.

And we must not forget how seriously those critical “tips” were to be taken by that newly hired team of dedicated inspectors. Pulling once again from the “Bark Sheet”:

Increased Detection of Abuse

The Government launched a Confidential Tip Line in April 2014 for Canadians to report abuse of the Temporary Foreign Worker Program (TFWP). More than 1,000 tips had been received to date.

In addition to the tip line, a new Complaints Web page has been launched to allow the public to submit tips easily and securely online.

The Government will continue to follow up on each and every complaint to make sure that employers who are breaking the rules are caught and face the consequences.
We encourage all Canadians who have concerns or information to call our anonymous and confidential tip line. Any allegation of abuse will be investigated.

To report abuse of the Temporary Foreign Worker Program, contact:

Service Canada Confidential Tip Line
1-866-602-9448 or
visit www.esdc.gc.ca/tfwp

I think you get the picture. Lot’s more barking and very little bite.

What the program needed more than anything was actual investigation, not overhauling.

Yes. Please do strengthen the enforcement regulations if they were somehow deficient.  However, after doing so, you have to actually follow through. Especially when you have so clearly set it out in writing.

If the regulations call for site visits, then actually visit the job sites and conduct real investigations. If the regulations call for AMPs, then fine employers that abuse the program!

Since the summer of 2014, the TFWP has been pulling in hundreds of thousands of dollars (likely well into the millions [I couldn’t find the actual figures]. With an application fee of $1,000 per foreign worker named in an LMIA application, and high rates of refusal, it is easy to see how the TFWP should have plenty of resources available to actually honour the commitments made in the “Bark Sheet.”

Yes…. I know that the Integrity Services Branch has been conducting lot’s of “investigations” since the program was overhauled. However, these paper based virtual inspections are targeting the wrong kind of non-compliance. What is being turned up is loads of non-compliance for such horrific violations as “fractional” wage increases, slight occupational shifts, and failing to notify Service Canada when a foreign worker stops working and leaves the country.

Seriously… is this the best use of program resources?

If you are inspecting a bad employer, their records are going to show exactly what they want you to see. Remember, they have already required the foreign worker to repay them the cash difference between the LMIA wage and the under-the-table wage they forced the foreign worker to accept.

I’m not so naïve to believe that a site visit will uncover all elements of non-compliance and that a paper based review is ineffective in turning up non-compliance and abuse. However, by actually going to the job site and interviewing both the Canadian and foreign worker employees from time to time, you are sending a message to bad employers that you are serious.

Now of course I know that virtual inspections must have turned up some serious violations; however, if this is the case why have there been no new additions to the governments naughty list in the past two years? 

In fact, the list has actually shrunk versus grown.

Everyone remembers the CBC Go Public piece entitled, “McDonald’s accused of favouring foreign workers” by reporter Kathy Tomlinson, that kick started the whole overhaul to the program back in the Spring of 2014. Glen Bishop, the owner of the McDonald’s franchise highlighted in the article saw his franchise placed on the “black list” and then experienced the pleasure of McDonalds allegedly stripping away all of his franchises as a result of the ensuing investigation.

This is what Ms. Tomlinson reported:

As a result of Go Public’s inquiries, the government has suspended all pending foreign worker permits for the three McDonald’s locations owned by franchisee Glen Bishop and has blacklisted his franchise from using the program, pending the outcome of the probe.

Guess what the outcome of the probe was?

Why don’t you take a second look at the current list of “black listed” employers.

Why?

Because the suspension levied against Glen Bishop’s x-franchise has been lifted and they are no longer on the list any more. In fact, Glen Bishop is now suing McDonalds for damages he allegedly incurred when McDonalds forced him to turn over the franchises when they were in full scale damage control mode following the CBC Go Public article.

I will repeat once again that if any semblance of serious enforcement had occurred at the early stages of the low skill program, there would have been no need for an overhaul.

The public shaming exacted by CBC Go Public on the government would never have occurred. And most importantly, if the overhaul did not take place, the undeserved punishment that was exacted on the good employers (low skill and high skill alike) would have also never occurred.

Stay tuned for Part 3 which will be released tomorrow. The story keeps unfolding….

Please provide your comments below. I’d love to hear your thoughts on the TFWP.

By now, most people are fully aware of the fact that the Temporary Foreign Worker Program is once again facing a whole new review by Minister Mihychuk and the Liberal government. Some say that Minister Mihychuk is ready to scrap the whole thing. Others say the Minister may actually use what is learned from these consultations to reshape the TFWP in a positive way.

Regardless of which rumour is true, one thing is certain…..Overhaul deja vu is on its way.

Not surprisingly, I am yet to receive an invitation to appear before the HUMA Standing Committee charged with the responsibility of conducting the TFWP review.

I am not an industry leader. I am not the head of a large corporation. I am not someone of influence the government would really even pay attention to.

However, like other Canadian immigration lawyers who have earned a living providing advice to companies and foreign workers whose businesses and lives depended upon the program, I figure I might just have something to offer.

So what better way to get my message heard than to write a blog.

The blog itself kind of got away from me a little. Because of this, I have chosen to break it down into a series of blogs that I hope will add a different perspective  to the whole discussion.

I’m not exactly sure how this series of blogs will unfold. However, I want everyone to understand that the time I took in drafting this was designed purely for the purposes of stimulating discussion and hopefully gaining the ear of the HUMA Standing Committee as well as Minister Mihychuk and Minister McCallum who are both inextricably intertwined with the TFWP and the solution going forward.

So the best thing in the world people can do when they read this blog is to leave a comment below and tell everyone what they think.

Express Entry is the Solution

Regardless of what Minister Mihychuk ultimately chooses to do with the TFWP, I think the future of Canada’s labour shortage challenges rests not in the TFWP, but actually in the Express Entry regime.

Despite the downturn in the economy in Canada, Canadian employers continue to experience skilled and unskilled labour shortages in many industries and regions. Employers have relied heavily on the Temporary Foreign Worker Program (TFWP) to source foreign workers when local Canadians and permanent residents are unwilling, or unavailable to fill these positions.

Currently, employers experiencing labour shortages first turn to the TFWP, then the Provincial Nominee Programs and lastly the Express Entry regime. IRCC Minister John McCallum has indicated that he would like to see the reverse of this with Express Entry as the first choice for employers and the TFWP being the option of last resort.

As an immigration lawyer who has spent his entire career working with Canadian employers to access the TFWP to source foreign workers (at all wage levels), I have to admit that I actually agree with our Liberal Minister. Taking into consideration the collective needs of all stakeholders, Express Entry is by far a better solution than the TFWP.

Now let me clarify a few things before I cause any concern amongst my fellow Board Members on the Conservative EDA in Lethbridge, Alberta…..I am definitely not trading in my blue shirt for a red one. I want to reassure you and our esteemed MP Rachael Harder that I am still batting for the Right team (pun intended).

So without wasting any more time with my windup, here is the pitch…

History of the Temporary Foreign Worker Program

But before I dive right into my rational, let me start with a little history lesson on the TFWP to provide some context for those of you coming late to the game.

Over the past ten years, statistics have shown that the use of the TFWP has mirrored the Province of Alberta’s boom and bust cycle. In the early to mid 2000s, the TFWP was heralded as the saviour to Alberta and the rest of the country’s critical labour shortage needs. With unemployment rates remaining below 4% from 2005 to 2008 (3% in October 2006), my then 11 year old daughter could have applied for a Labour Market Opinion (now rebranded as a Labour Market Impact Assessment) and obtained an approval.

The role of Service Canada was that of a facilitator during the boom and definitely not the gatekeeper we know them to be today. Employers struggling to complete the LMO application forms in Alberta could contact Service Canada and the officers  would go so far as to almost fill out the forms for the employers.  They would explain exactly what the employer needed to do to obtain an approval and if the employer still got it wrong, would give them chance after chance until they finally got it right. After all, it was common knowledge that labour shortages existed across all industries.

It didn’t take long for industries like food service and hospitality to jump on board. In fact, they did more than jump on board – they built an entire fleet of ships to take full advantage of the TFWP. Franchises started reworking their human resource model to take advantage of the TFWP.

It wasn’t long before the greater portion of our fast food restaurants and hotel chains were staffed almost entirely with foreign workers…..and who could blame them? As a business owner, what scenario would you rather have….10 casual Canadian employees that may or may not show up for their shifts each day, or 3 full time foreign workers that you could count on to work  their tails off each day and considered it a privilege to even have a job.

Unfortunately, in an effort to ensure that the foreign workers were not taking away jobs from Canadians, extreme restrictions were placed on the terms of employment creating a terrible power imbalance for the employer.  Now I understand why ESDC did what it did. However, the power imbalance that traditionally exists between any employer and its employees is magnified 100 fold within the low-skill (low wage) program of the TFWP.

NOTE: For the purposes of this blog, I intend to use the term “low-skill” instead of “low wage” because it more properly correlates with IRCCs consistent reference to “skilled workers” within the Immigration and Refugee Protection Act and its regs.

Exploitation and abuse of low skill foreign workers

Foreign workers working in low skill (low wage) positions are particularly vulnerable to exploitation and abuse.  Let me explain why.

Foreign workers working in Canada on an LMO/LMIA based work permit are typically authorized to work for only one employer, at a specific location, in a specific position, for a set wage. Any variation to these conditions would be considered unauthorized work for the foreign worker and trigger potential remove from Canada. Employers could be found non-compliant and subject to sanction.

In the height of the boom, the government was more focused on meeting the significant labour demands of Canadian employers versus checking up to see if employers were actually following the rules and treating their foreign workers fairly.

Because foreign workers were generally not aware of the seriousness of the employment conditions imposed by the government, some nasty employers took full advantage of them.

Some classic examples of exploitation included requiring the workers to work 18 hour days, 7 days a week, with no overtime. In some cases truly nasty employers  required their low skill foreign workers to pay back, in cash, the difference between what the LMIA required the employer to pay and what the employer really wanted to pay the foreign worker. By requiring “cash back”, the employer was able to maintain payroll records that complied with the terms of the LMIA in case they were ever audited during an Employer Compliance Review (ECR).

….yes this did happen….and far too frequently.

Now don’t get me wrong. I am definitely not saying that all employers treat their foreign workers like indentured servants. They absolutely do not….I and many of my colleagues act for and work as in-house counsel for many wonderful employers that treat their foreign workers like family and do all they can to help them in their journey to become permanent residents of Canada.

Significant non-compliance does occurs within the low skill program

From my experience, the percentage of non-compliant employers within the ranks of the low skill program was, and still is, significant.

Some may say….you can’ t know that for sure. This may be true. However, I believe that the sample size of interactions I have had with employers and foreign workers within the TFWP gives me just as much of a platform to make these statements as those who disagree with me.

As an immigration lawyer, anyone who speaks with me benefits from solicitor client privilege. Because of that, foreign workers are much more willing to tell me when the rules are being broken because they know I can not share this information with anyone else.

I have had a steady stream of low skill foreign workers coming to my office for assistance, but in almost every single case, they refused to go to the authorities about the abuse they were suffering. Some days I wish I wasn’t a lawyer subject to “solicitor client privilege” because then I could have taken action independently by leave anonymous little messages on the Online Immigration Fraud Reporting Tool.

So with high rates of non-compliance within the low skill ranks of the TFWP, coupled with the equally acknowledged need for foreign labour in various industries, I am going to share with you in Part 2 of my blog exactly why I feel Express Entry is the solution.

Part 2 will be released tomorrow…..

If you are a foreign national with a criminal conviction – listen to this Podcast BEFORE travelling to Canada! In this Podcast I had the pleasure of interviewing one of the most respected Business Immigration Lawyers in Canada, Barbara Jo Caruso of Corporate Immigration Law Firm based in Toronto, Ontario. BJ shared with me some tremendous insight on the inner workings of the Canadian POEs and some recent changes at the Primary Inspection Line that every foreign national needs to be aware of.

As a prior Customs Officer working at the Canadian POE, BJ walks us through the inspection process and shares some fantastic insight on what people can expect when they are going through the Primary Inspection Line.

Our conversation focuses primarily on what is now happening to foreign nationals with prior criminal convictions or even a criminal charge that was resolved, who are seeking entry to Canada.

If you fit into this category, this Podcast will give you tips and strategies on how to minimize your risk if travelling to Canada.

Most important take-aways from my interview with BJ Caruso:

1. Overview of Canadian Ports of Entry and how the inspection process really works!
2. Insight into the make-up of the modern CBSA Officer.
3. Primary Inspection Line Officers now have access to CPIC.
4. How criminal inadmissibility to Canada is determined.
5. How to overcome criminal inadmissibility
6. Tips for safely navigating the Canadian Ports of Entry
7. Pros and Cons of applying for access to the Trusted Traveller Programs (NEXUS etc.)

[Chief Mountain Port of Entry, Alberta/Montana Border]

[Tweet “Changes at the Canadian POEs that are catching travellers off guard“]

Additional Resources:

• The best way to reach BJ Caruso: caruso@cimmigrationlaw.com
• CBC Investigates | Border security: hundreds detained in 1st month of new screening measures – http://bit.ly/1TuT9Hp
• Annotated Immigration and Refugee Protection Act of Canada: http://bit.ly/1O0jdO0

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

You can read additional notes for this episode, [spoiler]

Canadian Immigration Podcast – Show notes

Season 1: Episode 14

Interview with Barbara Jo Caruso.

Barbara Jo Caruso is a founding partner of Corporate Immigration Law Firm, located in the heart of the Financial District in Toronto, Ontario.

BJ is a co-author of the Annotated Immigration & Refugee Protection Act, published by Carswell (“The Annotated IRPA”).  The Annotated IRPA is a leading immigration textbook in Canada, and is used by Federal Court Judges, Canadian immigration officials at all levels including Canada Border Services Agency Officers, Immigration Officers, Appeal Board Members, Refugee Board members, lawyers and law students alike.

I can attest to the fact the Annotated IRPA was definitely used by government officers. My first copy was given to me by the hearings officers in Calgary when I was working as a Pro Bono Student (Slave) while attending law school.

BJ is Certified by the Law Society of Upper Canada as a Specialist in Immigration Law. She is one of the most respected business immigration lawyers in the country and a tireless advocate for her clients and our profession. She is currently serving as Treasurer on the Executive Committee of the Canadian Bar Association’s National Immigration Section and a mentor to many young aspiring immigration lawyers across the country…..me included.

We could easily spend the whole podcast episode discussing BJs numerous professional accomplishments; however, knowing BJ, she probably just wants me to stop with the introductions and get to the real reason she has come on the Canadian Immigration Podcast –

and that is to discuss some recent changes that have occurred at our Canadian ports of entry that are catching many foreign nationals off guard.

Lead in Question:

1. BJ, can you take a minute to explain these recent changes at Canadian ports of entry and how they are impacting people seeking entry to Canada?

Issues to discuss:

• Overview of Canadian POEs and insight into the make-up of Border Service Officers
• 1800 cases flagged in the first month of operations where travellers were identified as having outstanding warrants against them.

• Can impact any FN who has ever been arrested, charged or convicted of a crime inside and outside Canada.

• CPIC information is not updated – onus on FN to satisfy officer they are not inadmissible

• Failure to disclose prior criminality could lead to finding of misrep and 5 year bar

• How to overcome inadmissibility – TRPs, Rehab & “deemed rehab”

Additional Questions:

2. So what happens if I am an individual with a DUI who is travelling to Canada for business and I really don’t have time to prepare a TRP or Rehab application?
   1. What can I expect to happen if I decide to travel anyways and test my luck?
3. Let’s say I’m a Global Mobility Manager who needs to send a highly specialized employee to Canada on short notice, but fortunately the employee tells me prior to travel that she had a prior criminal conviction. What should they do?

4. Given what we now know about the increased powers of inspection granted to CBSA officers at the front lines, If there was one piece of advice you could give an individual who needs to travel to Canada, but may be criminally inadmissible, what would it be?
5. If there are individuals or companies out there with employees facing issues with criminal inadmissibility and they want to get in contact with you for further information and assistance, what is the best way to reach you?

[/spoiler]

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Whether you are an HR Manager needing to send someone to Calgary to get a work permit, an executive seeking entry through Calgary as a business visitor, or a foreign national coming to land as a permanent resident, you won’t want to miss this. I’m going to share my Top 5 takeaways from Officer Paisley’s presentation.

Photo courtesy dolanh via Flickr.com

I just got back from an extremely informative meeting with one of the good guys at the Calgary International Airport, Duncan Paisley, Border Services Officer (BSO). Officer Paisley came to speak to our CBA Immigration section in Calgary on April 27, 2016 to share a few updates on the delivery of immigration services at Alberta’s busiest airport. 

Now, I definitely do not want to get Officer Paisley in trouble by giving you the impression that he pulled the curtain completely back and revealed all of the CBSA’s top secret practices and procedures.

This was not the case.

However, he was most gracious in sharing some pretty useful insight on what goes through a Border Services Officer’s mind when they are stuck with the unenviable task of adjudicating an immigration related entry at the airport. In fact, he shared some great tips on how to make the process go a whole lot smoother and minimize the chance of refusal.

Now who wouldn’t want a little insider knowledge to help better prepare themselves for applying for a work permit or other immigration document at the airport?

Let’s face it, the whole process can be pretty darn scary. Heck, I still get scared and I was one of those officers in a previous life.

So check out below my Top 5 Takeaways from the presentation give by Officer Paisley at our immigration section meeting.

1. Don’t travel during the busiest times at the airport.

The CBSA has undergone significant cutbacks over the past 10 years. Although more and more people are travelling to Calgary to seek some form of immigration status, the number of BSOs has been reduced from 100 in 2007 to only 75 active officers now. What this means is that if you arrive at the airport during its busiest times, your wait is going to be significant. 

So when are the busiest times? …Sunday and Monday.

Officer Paisley described these days as the “NAFTA rush” where the number of immigration related entries climbs to almost 100 – doubling what they experience on the other days of the week (50-60). Wait times can stretch to as long as 3 or more hours during peak times.

He also indicated that their most quiet times during the day are in the morning and after 7:00pm MST. However, unlike the land crossings, its pretty hard for you to choose exactly when you want to arrive at the airport. The mornings and evenings are slower for the simple reason that not as many flights are scheduled to arrive during those times.

Tip: If you need to apply for an immigration document at the airport in Calgary, avoid Sunday and Monday like the plague – and if you can arrive in the morning or after 7:00pm this would be even better.

2. Always bring a hard copy of your application materials.

Although our smart phones and tablets are allowing many offices to go paperless, bringing an electronic copy of your work permit application will not be well received by the BSOs.

Ensure you have a complete copy of all the material you will be relying upon. Officer Paisley confirmed that there is only one charging station in the Voluntary Compliance Office (VCO) ….this is the area behind the glass windows, and none if you are sent to the secondary examination area.

As such, if you plan on showing the BSO a screen shot of your online bank statement, or the  global subsidiary list on your company’s website, it is entirely possible your phone battery may die before you even get to see an officer.

Tip: Always bring a complete paper copy of your application materials versus an electronic copy on your smart phone or tablet.

3. The Canadian company must be the employer of record on the Job Offer registration for work permits under the International Mobility Program (IMP).

For foreign service providers (FSPs) doing business in Canada and other individuals applying for work permits under the IMP, the process has become a lot more complicated.

Although Canadian companies do not directly employ the “employees” of the FSPs, the BSOs have been instructed to make sure that it is the Canadian companies that are signing off as employer’s of record on the Job Offer registered through the employer portal. This is definitely going to cause some grief to Canadian companies that really have no employment relationship with the individual consultants or technicians seeking to enter Canada to provide the contracted for services.

It may still be technically possible for the FSPs to complete the online Employer Portal registration and complete the Offer of Employment registration online. However, if travelling to Calgary, there is a distinct chance the BSO may reject the Job Offer if the Canadian company receiving the services is not listed as the employer of record on the Job Offer.

Tip: Foreign Service Providers must ensure the Job Offer registration lists the Canadian company as the employer of record when their employees apply for work permits.

4. Be prepared for the day Electronic Travel Authorizations become mandatory.

Officer Paisley expressed a great deal of frustration with the whole eTA process. Although eTAs are not yet mandatory, the leniency period is very quickly coming to a close. If you are coming from a visa exempt country and you are not a US citizen or permanent resident of Canada, you will eventually need an eTA to board a plane to travel to Canada.

The eTA registration portal is extremely glitchy. Officer Paisley has seen many people travelling to Canada without properly completing the eTA with accurate information. The online portal does not assess the answer provided with any degree of scrutiny. As such, if people answer the questions incompletely or in a misleading way, it can affect the validity of the authorization.

Beware that the portal may indicate that an eTA is not needed when in fact it is. Alternatively, there have been some issues with eTAs being cancelled after a work permit has been issued (this is a known glitch with no current work around).

Finally, if you lived in the US and obtained a passport from your country’s Embassy located in the US, you could run into problems. If, while completing the eTA application process, you respond that your passport was issued in the US, the portal will often mistakenly assume you are a US citizen and confirm that an eTA is not needed when, in fact, it actually is.

The list of problems with the eTA system is too lengthy to identify here. Once again we are being left to beta test IRCCs online filing system (nightmares of the Express Entry portal are flowing back to me) when they should have done this themselves long before it was released to the public.

Tip: Always bring a paper copy of your eTA application to the airport just in case you need proof that you actually filed it.

5. Always check your immigration document to ensure it is correct before you leave the CBSA office.

Officer Paisley confirmed that the are fewer and fewer legacy immigration officers still working at the airport. What this means is that more inexperienced officers are the ones adjudicating immigration applications. In many cases, they do a fine job and there are no issues. However, typographical errors on the work permits are becoming increasingly common.

As such, it is critical that you always check your work permit before you leave the CBSA office to ensure that there are no spelling mistakes on your name, the name of your company, work location, or even the title of your position.

It is far easier to correct a mistake on an immigration document immediately after it has been issued than trying to come back to the airport at a later date to have the error amended.

Tip: Always check your immigration document for accuracy BEFORE you leave the airport because BSOs do make mistakes

6. Make sure you have the proper size photo when completing the landing procedure for permanent residence.

Recently Immigration, Refugees, and Citizenship Canada (IRCC) changed the size of photos they are requiring applicants to provide for immigration applications. As such, if it has been some time since your PR application was approved and you are just getting ready to finalize landing procedures, it is possible that you may have taken the wrong size photos needed for your PR Card. You can access the photo specifications for the larger size photos here.

Tip: IRCC no longer accepts the smaller size immigration photos. Make sure you bring with you the larger size when completing landing procedures at the airport.

It was really great to have Officer Duncan Paisley take the time to share a little insight on the delivery of immigration services at the Calgary International Airport. Maybe in the future he will agree to come on our Podcast and answer listener questions.

Make sure to share your e-mail address with me so that you can be placed on my mailing list to be notified when new content is released. Click on this button at the top right side panel of this webpage:

Question for our Next Podcast

If you could ask Officer Paisley one question, what would it be? Send your questions my way.

I will try to collect these questions and see if we can get Officer Paisley to answer them for us in one of my future Episodes of the Canadian Immigration Podcast.

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I answer questions periodically on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. However, please remember that if your question is not general in nature, I will not be able to respond. You would need to book a paid consult through my law firm: www.ht-llp.com.

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If you are an international student, temporary foreign worker, immigration lawyer, consultant, HR manager, global mobility specialist, Canadian employer or just plain old Canadian citizen or permanent resident with a curiosity in Immigration … you’ll be regretting the day you didn’t listen to this Podcast.

As promised in Episode 12 of the Canadian Immigration Podcast, I am going to share with you in this Episode everything I learned from Immigration Minister John McCallum on April 8, 2016 in his speech to the CBA’s National Immigration Section in Vancouver during our National Immigration Law Conference.

Because I can not resist my Top 10 lists……here is another one for you!

Immigration Minister John McCallum responded to questions from reporters at the Canadian Bar Association’s Immigration Law Conference April 8, 2016. (CBC)

(Thank you CBA News – I wasn’t close enough to get a better picture myself)

My Top 10 Canadian Immigration trends for 2016 – straight from the mouth of our Immigration Minister, The Honourable John McCallum:

1.   The Liberals actually care what us Canadian immigration lawyers think – who knew?

2.   Canadians like refugees after all and it will continue that way for the foreseeable future.

3.   Sayonara to two tiered Canadian Citizenship – “A Canadian is a Canadian is a Canadian.” 

4.   The Family Feud is over….Family Class processing on its way down!

5.   The Minister hates the term “Economic Immigrant” – all immigrants contribute regardless of program.

6.  Express Entry is having “unintended consequences” that must be addressed.

7.   Complete overhaul to the Live-in Caregiver program on its way!

8.  IRCC versus CBSA – definitely a “good cop” – “bad cop” situation!

9.   What does the future hold for PNPs? Status quo according to Minister McCallum

10.  International Students – the calvary is on its way!

[Tweet “What’s in store for Canadian Immigration Policy in 2016“]

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

You can read additional notes for this episode, [spoiler]

Sunny Days ahead for people seeking to immigrate to Canada in 2016

Immigration Forecast for 2016 with Minister John McCallum, Immigration, Refugees, and Citizenship Canada.

There has been considerable coverage of the Liberal government’s sweeping changes to immigration culture in Canada.

As quickly as the Conservative government changed many of the countries old immigration laws and programs, the Liberals have been just as fast to announce their intention to reverse them.

So the big question is……

….where exactly are the Liberals headed?

In Episode 12 of the Canadian Immigration Podcast, I shared some brief highlights from a speech given by the Minister of IRCC, John McCallum to the Canadian Bar Association’s National Immigration Section members who attended our Annual Conference in Vancouver April 7-9, 2016. I also promised that more would be coming…. so here it is!

My Top 10 List of Highlights from Minister McCallum’s Speech to the CBA Immigration Section

As you can tell, I really like the whole Top 10 Concept. Hopefully this list will actually have 10 highlights as opposed to Episode 12 of the Canadian Immigration Podcast where I somehow skipped a number and ended up with only 9 on my Top 10 list.

At any rate, if you have anything to do with Canadian immigration, whether as a lawyer, consultant, HR manager, Global Mobility Specialist, foreign national, or even Canadian employer, you are not going to want to miss this Top 10 List.

I want to start off this Podcast with one caveat. I am a 100% true and blue card carrying Conservative Party member. I hold these values dear and intend to continue my active involvement with the party long into the future. However, with this being said, and despite my best efforts to find fault, there was very little I could complain about with the vision Mr. McCallum has for immigration in Canada.

So here we go….

1. The Liberals are actually willing to listen to Immigration Lawyers and their clients in shaping the immigration landscape of Canada into the future. 

MM Knows that CBA has worked on this day and night – he has read our reports on TFWP and EE – Minister impressed with CBAs contribution – didn’t disagree with anything.

Stark contrast to the previous regime. Basically considered their relations with the CBA to be adversarial.

2. Update on the Refugee situation in Canada and future intentions

Succeeded in bringing 25,000 refugees to Canada by end of February 2016

They went from a situation were the main concerns of Canadians was security especially at the time of the Paris attacks and these concerns evolved to a huge welcome provided by Canada across the country to these refugees.

Quote:

Minister McCallum felt he was the “only immigration minister in the whole world whose main challenge was to provide enough Syrian refugees to satisfy the overwhelming generosity of people who want sponsor them.

Have committed to bringing in another 10, 000 which they will expedite as quickly as possible

The liberal levels planning calls for a 300,000 target – which is an absolute maximum – one more refugee means one less of something else

The Liberals have already quadrupled the number of refugees and have reached the limit.

Restored Refugee Healthcare

3. Canadian Citizenship Act – revoked in part

Bill C6 – introduced by the Liberals to ensure – one class of Canadians in Canada and they believe a “Canadian is a Canadian is a Canadian” – “the place for terrorists is in jail not at the airport”

4. Various Changes to Family Class Applications

• – Restoration of age of dependence from 19 back to 22

MM signed documents restoring the age of dependants to 22. However, it will take a 1 ½ years to go through the regulatory process.

Goodness knows why going from 19 to 22 should take a year and a half. Too bad I couldn’t use ministerial instruction on that.

Minister is generally opposed to Ministerial Instructions, but some times they do come in handy. 

• – Ending of 2 year conditional status on Spousal Applications.

• – Committed in the election to bring down substantially the processing times of Family Class members. 

Quote: 

“Just as he is very proud as a CDN for refugees coming in, ashamed that the heavy hand of the CDN state keeps spouses apart for 2 years. This is unacceptable. This is not something that can be fixed like flicking a switch with Bill C6. On this one it takes longer.”

Solution will be to increase the capacity for immigration in this country

– the max is currently at 300,000 – want to increase this to accommodate the possibility of more immigrants and more spouses to get these processing times.

We will do this by: 1) more money and 2) more importantly need to do things more efficiently. Need to learn from experience in Lebanon and Jordon with the Refugees – where they processed applications fast, but equally well, super fast, but concurrently, ABC together, not A then B then C.

Must transfer over the experience with refugees to family class applications – do it just as well, but much more efficiently. – we did it for refugees, so of course we can do it for other – he told his department to “get to work”. This is what the department is doing – we will have positive news on spouses in coming weeks. – which could means months as usual.

5. Changes to Economic Class Applications

On “Economic Immigrants” – MM hates this term because all immigrants are economic. When you say “economic immigrants” it implies that the economic immigrants contribute and the others do not.

In 2016 many family members work – parents and grandparents enable the father and mother to work even when they do not work.

Refugees also work and contribute in the medium run – “let’s not use the word economic immigrants because all immigrants contribute to the country in one degree or another”

6. Possible changes to the Express Entry regime

In election campaign the liberals were neither critical nor praising of EE because it was so brand new. Now in process of seeking ways to reform express entry and MM values CBA input….

Had a meeting with Ontario Business People at an Ontario Chamber of Commerce and they ranked the different streams for PR status in Canada as:

TFWP

PNP,

EE

MM would like to see this reversed.

Express Entry should be the favored process for businesses wanting immigrants, then PNP, then TFW.

Challenge for MM is to make EE more flexible, more fluid, more desirable for businesses wanting to bring immigrants to Canada. Make it the first choice and not the third choice of businesses.

The First proposed change and most for sure is He thinks International Students are the best source of immigrant to Canada– because they know French and English, because they know Canada, because they are educated, because they are young, all good reasons to be great Canadians

“we should encourage them to come here and not slap them in the face by taking away their 50% credit for time in Canada, so I want to make it easier and give more points to facilitate their entry to Canada as PRs, that is pretty well for sure, other things are less for sure…

… looking at possibly less points for people getting LMIA approved Job Offer because right now  it is totally dominant and has certain unintended consequences. Possibly limit ore eliminate the use of the LMIA under Express Entry…. NOT committed to doing this, but certainly committed to looking at doing it very seriously. It is something they will look into very seriously.

7. Proposed Overhaul of the Live-in Caregiver Program 

MM thinks it is a great program both for young people and aging people – processing times will be coming down automatically in the next months. One major thing is that they will honor their campaign promise make significant changes to how the program works. They intend to a have a system of regulated companies who hire caregivers on behalf of families needing them and deploy them to households that need them.

Changes will help Families because they will be spared the hassle of the LMIA AND– will benefit the caregiver because if household is a problem, the company can transfer caregiver from household A to B. thus protecting the interestswill help both sides, the family and caregivers by doing this.

8. How is IRCC dealing with the challenges of two departments (including CBSA) administering immigration?

Sunny Days have arrived with IRCC, but have not yet arrived with CBSA.

– Separation of immigration into CIC and CBSA in the past

Question = has any consideration been given to bringing CBSA and IRCC back together?

He can’t speak for CBSA, but knows there has been a culture of enforcement throughout CBSA that public servants are awarded for catching as many bad people as possible. Understand there is a quota for how many refugees they expose – there is definitely scope for improvement within CBSA – Ralph Goodale, Minister of Public Safety is working on these issues.

9. What does the future hold for Provincial Nominee Programs?

When asked whether Liberals are considering increasing allocation of nominations to the provinces? MM is of two minds on this issue. He is willing to do whatever is best for the country, but being a federal person, it is not to have the federal roll disappear altogether. 50% of economic immigrants come through the PNPs. If that is best for Canada…fine.

But big theme of his speech was to improve EE so it becomes the first choice for employers. So priority right now is to improve EE. Want companies to see the Federal program EE as their first choice of what is most flexible, best, accommodating choice, there would be less demand on PNPs each year – he wants to add more immigration, but first desire is to improve the federal program so that is more attractive for employers.

10. What is in store for International Students?

some people say MM has a habit of moving too fast, but some times it is important to do it fast – there is some urgency in this matter (international students)– thinking of doing the following in stages:

Stage 1 – give more points to students under Express Entry

Stage 2- do other things to improve EE

but hoping for him to do the student thing as quickly as he can – you would agree that Ministerial Instructions for these purposes are for a good cause.

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

In this post, I’m going to share with you exactly what is going on with the Alberta Immigrant Nominee Program (AINP) today. For those of you who are counting on the AINP to be your ticket to remaining in Canada, I highly recommend that you read this article before you consider wagering your future on receiving a provincial nomination from the AINP.

For foreign workers living in Alberta, their experience with the  AINP has  been somewhat of a love hate relationship. For a number of years it was one of the most sought after permanent resident options available to TFWs in Alberta. I routinely directed my clients to its welcoming arms.

The program was well run, predictable, and fast. It was clearly the best and most secure way of obtaining PR status for TFWs living in Alberta. With low processing times and the ability to use the nomination to extend work permits, it was a no brainer.

Alberta immigration lawyers and consultants loved the AINP and what it could do for our clients.

Arguably, the AINP was the envy of all the PNPs across the country.

However, those glory years simply couldn’t last forever. As is the case with the best Canadian Immigration streams, the AINPs very success contributed directly to the rise and fall of the programs over the past few years.

AINP – How did we get to where we are today?

Now I don’t want to spend this entire post providing a history lesson on the AINP. However,  for anyone even thinking about submitting an application a little background on the program’s somewhat volatile history  will go a long way in helping you decide whether or not the AINP is for you.

It all started at the height of the Alberta boom (mid to late 2000s). Many of you will remember those days – less than 3% unemployment, construction projects stalled because companies couldn’t find enough workers to meet the demand.  Wages climbing, housing prices skyrocketing….essentially a time bomb waiting to explode. Alberta was desperate for foreign workers. The province simply could not get enough!

In order to keep the economic engine running in Alberta, the AINP opened up new programs to entice foreign nationals to immigrate to the  Province. The creation of the Family and H1B streams were a resounding success. In fact, they were, much too successful. The AINP was flooded with applications resulting in both of these programs being suspended shortly after their creation.

The ripple effect on all other AINP streams was immediate. With the Feds only allowing the AINP to issue approximately 5500 nominations each fiscal year, and the Family and H1B Streams eating up a large portion of the  allocation, processing times climbed to new heights. Nominations previously issued in only a few months were now taking almost a year. And remember, this was just for the nomination alone. The processing of the PR application through IRCC (then CIC), was still taking an additional year. The glory days of the AINP were officially over.

Speed of processing is probably the most important factor when a foreign national is choosing which PR program to use. PR programs that can support the extension of a work permit are probably the second most enticing factor. However, with the tremendous influx of applications,  the AINP no longer served either of these attractive purposes.

As is typically the case with an unattractive program, no one used it. When no one uses it, guess what happens to processing times?

You guessed it – they start to drop. And drop they did.

In 2013 a skilled worker under the Employer Driven stream could expect their AINP application to be processed in less than one month. With fewer people applying, the AINP was able to work their way through the thousands of Family and H1B stream applications. It took years, but in 2013, they succeeded. In fact, they succeeded too well.

They now faced a new problem.

With a new fiscal year ahead of them, they came to the realization that they were in danger of not being able to use up their 5500 allocation. If they didn’t issue these nominations, they were going to lose them. So what does any smart program do in this situation? You open the doors wide up and allow just about anyone the opportunity to qualify.

The Alberta Experience class was born. And just like the days of the Family and H1B streams, people responded. And boy did they respond. Thousands of applications came pouring in during the short 2 month window that the program was open. If it were not for the difficulty people had obtaining appointments to get their language assessed, the numbers could have been 2 to 3 times higher.

Once again, in a very short period of time, the AINP program had more applications than they could deal with.

In 2014 processing times continued to steadily climb – reaching new heights of up to 25 months. To complicate matters, with the launch of Express Entry in 2015, many TFWs in Alberta were caught off guard when they were suddenly faced with the reality they would not rank high enough to be granted an Invitation to Apply (ITA) under Express Entry.  Thousands of excellent candidates, who would have previously qualified for Canadian PR, were effectively shut out from the Federal permanent resident programs (FSW, CEC, FST).

Why? …..because they were working on LMIA exempt work permits.

For executives, professionals, international students, and many others, no LMIA meant no 600 points which meant no ITA which meant no ability to apply for PR through the Federal Streams.

I recommend you check out some of my comments related to this issue in a series of CBC News articles I was quoted in:

•  Express entry could sideswipe high-skilled foreign workers, posted December 16, 2014;
• Express entry gives first dibs to temporary foreign workers, posted September 29, 2015;
• Liberals shift immigration focus to family reunification, refugee resettlement, posted March 8, 2016
• Express entry review to ease path to permanent residency for foreign students, posted March 15, 2016

Without an LMIA supported job offer, many skilled TFWs were hooped……and that is exactly how it has played out to this day.So with the federal economic classes shunning many TFWs in Alberta, the only place to turn was the AINP.

However, for those working in Skill Level B positions, the consequences of being shunned by Express Entry was only the beginning. These TFWS were very quickly running out of time. With AINP processing times up to 25 months, there would be no chance of obtaining the nominations in time before the 4 year work permit rule became effective on April 1, 2015.

So without being too overdramatic, many Albertan TFWs very quickly saw their hopes of remaining in Canada dashed. As I stated previously, in late 2014 I saw all of this coming, so I wrote a blog on some of the options that were available to people facing the 4 year cap. The response to this article crashed my www.ht-llp.com  website – twice!

You can find this blog on the CanadianImmigrationPodcast.com website at the following link: http://www.canadianimmigrationpodcast.com/episode-2-top-5-ways-to-stay-in-canada/

I will note that there was a very brief reprieve granted to some TFWs with AINP applications in the queue in early 2015 who were allowed to extend their work permits beyond the April 1, 2015 deadline provided they were selected by the AINP. In an effort to try to accommodate some of the workers caught in this position, the AINP worked out an agreement with CIC to temporarily override the 4 year cap on work permits and the cap placed on the number of low wage workers that could be employed within a business. However, this grace period only affected a very narrow group of people and was by invitation only.

For all others, if they could not prove they had a valid work permit, their AINP application would be refused. Long gone were the days when the AINP issued nominations to assist with the extension of work permits. If the program was not so oversubscribed, I have to imagine that the AINP would be more facilitative in supporting work permit extensions today.

I would like to point out that there are still some options that may be available to extend a work permit after receiving an AINP nomination.

However, these options only exist if the AINP nomination has been extended. If not, you are out of luck!

So as 2015 unfolded, even more people turned to the AINP as their last ditch effort to remain in Canada because of the changes to the federal permanent resident process (see Express Entry). These additional applications pushed the AINP program to the brink. The only solution they had was to shut the entire program down. August 27, 2015 was a dark day for many TFWs working in Alberta.

With 5500 nominations available to them and 9,000 applications in the queue, continuing to let the processing times spiral was not realistic. The program remained suspended until it was reopened on January 27, 2016. Although some changes to the program were anticipated, the program re-opened with all previous streams intact. However, this could change without warning.

What you need to know about how the AINP Processes Applications.  

Because the AINP is not governed by the same legislative foundation as Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada),  there is often very little warning when the AINP decides to make changes. The AINP’s Terms and Conditions spell this out very clearly.

For people submitting applications, there is no guarantee that your application will be accepted, nor processed in a timely fashion. In fact, the AINP does not even have to process applications on a first in – first out basis. They can pick and choose who they feel will create the best economic advantage for Alberta. Programs can be cancelled and applications returned with virtually no notice.

Because of the uncertainty within the AINP, my advice to clients is to always hedge your bets and consider applying for PR through every possible category you may be eligible for.  There are no restrictions on the number of PR programs you pursue at the same time. If eligible, go ahead and file your AINP application but  also submit your Express Entry profile into the pool. You just never know which may work.

Just don’t rely solely on the AINP as your PR solution!

However, when it comes to managing your expectations with the AINP, the best source of information is always the AINP’s Managing Director, Brad Trefan.

In Episode 12 of the Canadian Immigration Podcast I am going to share some insights given to our local CBA Immigration section from Brad himself. I had the pleasure of sitting at the feet of the man behind the curtain and intend to share what the future holds for the AINP – a program that has caused more than one grey hair to appear on my head!

Stay tuned, because you won’t want to miss the Episode 12.

Make sure to share your e-mail address with me so that you can be placed on my mailing list to be notified when new content is released. Click on this button at the top right side panel of this webpage:

Explore Additional Resources

• Report on Plans and Priorities 2016-2017: http://www.cic.gc.ca/english/resources/publications/rpp/2016-2017/index.asp#a1.2.4

Question for our Next Podcast

Ask Mark an Immigration Question

I answer questions periodically on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. However, please remember that if your question is not general in nature, I will not be able to respond. You would need to book a paid consult through my law firm: www.ht-llp.com.

Subscribe to the Canadian Immigration Podcast

If you found this blog helpful, I’m sure you will love my Podcast. Check it out and if you have time, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

Have you ever wondered what drives the policy decisions made by the Department of Immigration, Refugees and Citizenship Canada (IRCC)? Or maybe you just want a better idea as to the direction the Department is planning on heading in the coming year? Well look no further than the 2016/2017 Annual Report on Plans and Priorities for the Department of Immigration, Refugees and Citizenship Canada.

In this post, I am going to share my thoughts on where I feel IRCC is headed in 2016 based on what has been shared within the Report. Because I am in a giving mood, I am going to provide a breakdown of the most important aspects of the Report so that you can save time doing more important things with your life ….

….like watching Heartland.

It’s definitely one of my family’s favourite television shows. One day I’m going to move out into the country, chase cows on my Quarter Horse and never pick up another government report in my life. Alas, that won’t likely be for another 20 years.

In this blog I’ve done the work for you. No need to read the Report. Spend 5 minutes reading my summary and you will be able to sound really intelligent as you wow your friends with incredible insights into the amazingly unpredictable and constantly changing world of Canadian Immigration.

Minister’s Message

In this Report, there has been a very clear attempt by Minister John McCallum and his department to distance themselves from the somewhat detached and economically fixed policies of the Conservatives to a more humanitarian and compassionate approach to immigration planning and priorities. At the forefront of these priorities is the reunification of families and the re-establishment of Canada as a welcoming place for refugees.

Aside from the fact the Report allocates an overwhelming 45% of the annual immigration budget to newcomer settlement and integration, I think the best indicator of the mindset of Minister McCallum can be found in the following statement within the Minister’s Message:

As Canada’s Minister of Immigration, Refugees and Citizenship, I am confident that the plans and priorities described in this report will support the Government of Canada’s commitment to building a strong immigration system that is grounded in compassion and economic opportunity for all, while continuing to protect the health and security of all Canadians.

New Commitments

This infusion of compassion can be clearly seen within the following new commitments that are to be, for the most part, implemented by March 2017:

• restoration of the Interim Federal Health Program Benefits;
• restoration of the age of dependants back to 22 from 19;
• re-examination of the 2 year conditional PR for sponsored spouses
• modification of the Express Entry process to give applicants with Canadian siblings a greater chance of qualifying (I suspect they will likely accomplish this by adjusting the Comprehensive Ranking System (CRS) to allocate additional points to candidates with Canadian siblings); and
• removal of the $1000 LMIA application fee for families seeking to hire caregivers for family members with physical or mental disabilities.

Ongoing Commitments

The Liberals also intend to continue forward with the following initiatives previously announced:

• repeal of Citizenship Act provisions that are unfair to certain Canadians and permanent residents;
• reduction of processing times of Citizenship applications, and family sponsorship; and
• review of visa requirements for some countries (e.g. Mexico)

What to look for within Economic Immigration

In short – not much change.

On the economic front, the Liberals do not seem to have nearly the appetite to work on these programs as they do within the family and refugee classes. There was very little within the report to suggest anything will change for international students or many temporary foreign works who were hit the hardest by the release of Express Entry in 2015.

There was token lip service to the value of each of these groups within Canadian immigration policy, but in the end, nothing was done to address the significant barriers they face in qualifying for permanent resident status in Canada.  Prior to the implementation of Express Entry, most Post Grad Work Permit Holders had clear pathways to PR status in Canada. This has now all changed. Only the elite within the ranks of PGWP holders will ever be able to qualify for PR in Canada…unless something is done.

The Report seems to acknowledge this fact where it quietly acknowledges that only:

“Some PGWP holders will also be eligible to apply for permanent residence through the Canadian Experience Class or other programs.”

In another section, temporary foreign workers and international students are once again given a lukewarm endorsement regarding their importance within the Liberal’s immigration plan:

“Some temporary workers and international students represent a key talent pool to be retained as immigrants.”

The above statement sends a very clear message that most TFWs and International Students are simply not needed, nor wanted as permanent residents of Canada.

Many international students were hoping to see some modifications to the Express Entry Comprehensive Ranking System so as to award International Graduates with extra CRS points for having graduated with a Canadian post secondary educational credential. Unfortunately, the Report is completely silent on this important issue.

When it comes to the Temporary Foreign Worker Program in Canada, less emphasis has been placed on the transition of TFWs to PR status while much more emphasis has now been placed on employer compliance and the implementation of the new Administrative Monetary Penalty (AMP) regime.

After all is said and done, it is hard for me not to believe that the whole AMP regime is, once again, nothing more than a scare tactic for employers.

Although it is easy to see how an AMP regime could help to increase employer compliance, if the government had simply enforced the program in existence back in 2011, many of these measures would likely not have been necessary today.

International Experience Class

Some additional changes are expected to occur within the International Experience Class. Processing of IEC applications may no longer be first in, first out, but likely follow the path of Express Entry and require candidates to be drawn from a pool and given an Invitation to Apply for a work permit. So for those of you who are rushing to get your working holiday work permit applications processed for the summer, getting your application submitted first may not necessarily result in you getting a Canadian work permit.

Lifting of Visa Requirements for Mexico

The Liberals have also been promising for some time now that they intend to remove the visa restrictions for citizens of Mexico, and other countries. Well, this has once again been alluded to within this Report. I must admit that I am a little curious as to which other countries the government is contemplating opening our borders to. If only they could work out the issues stalling out the Free Trade negotiations with the European Union and Asia.

Softening of the Ruthless Approach to Application Processing

Finally, for all of you who have been languishing in the darkest abyss because of the downright ruthless approach IRCC has taken with respect to the processing of immigration applications – there may be some light in the horizon. One of the ongoing priorities outlined in the Report is “Enhancing Service Excellence.”

Now doesn’t that just sound wonderful?

With IRCC’s downright cruel “one touch” policy to the processing of applications, the following list of planned initiatives provides some clarity as to what they have in mind:

• easy, efficient, timely services to increase international competitiveness
• a continued push to online filing
• increased communication with clients
• a file process that is simplified and automated.

I’m all for automation, communication and simplification; however, with IRCC’s current approach, I have serious reservations as to whether or not “compassion” will ever find a place within the adjudication of economic class applications.

My hope is that this new Immigration Plan will be able to achieve its purpose by creating an immigration system that “balances compassion with economic opportunity” and provides equal chance at immigration for temporary foreign workers, international students, family members and refugees alike.

Make sure to share your e-mail address with me so that you can be placed on my mailing list to be notified when new content is released. Click on this button at the top right side panel of this webpage:

Explore Additional Resources

• Report on Plans and Priorities 2016-2017: http://www.cic.gc.ca/english/resources/publications/rpp/2016-2017/index.asp#a1.2.4

Upcoming speaking engagements you might like to attend

I will be speaking at the follow upcoming events. If you would like to register, please click on the banner below for further information. Let me know if you will be attending as I would love to meet you in person.

• April 8, 2016 – Express Entry Part II – 4:00pm – 5:15pm

Question for our Next Podcast

Ask Mark an Immigration Question

I answer questions periodically on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. However, please remember that if your question is not general in nature, I will not be able to respond. You would need to book a paid consult through my law firm: www.ht-llp.com.

Subscribe to the Canadian Immigration Podcast

If you found this blog helpful, I’m sure you will love my Podcast. Check it out and if you have time, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

Welcome to Season 1, Episode 6 of the Canadian Immigration Podcast. In this episode I will be discussing how the New Liberal Government’s Canadian Immigration Reforms impact the lives of temporary foreign workers and future immigrants in Canada.  

As many of you are aware, we now have a new government in Ottawa. This government has released an ambitious “New Plan for Canadian Immigration“. In this podcast I am going to be explaining how these proposed changes will impact the lives of Canadians, future immigrants and temporary foreign workers in Canada.

In this podcast, I will discuss each of the proposed changes in more detail.  These changes affect the following general areas of immigration:

1. Refugees
2. Foreign Visa Requirements
3. Reunification of Families
4. Citizenship
5. Express Entry program
6. Temporary Foreign Worker Program

[Tweet “Do you know how the Liberal government’s proposed changes to Canadian immigration may impact you?“]

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

• What changes the Liberal government intends to make to immigration policy in Canada.
• How these changes impact the various groups accessing the immigration system.
• Links to the relevant government websites and helpful resources.
• Projections as to what these changes could mean for the future of immigration.
• Answers to listener questions in the following areas:
  • How families can immigrate to Canada.
  • Whether or not an LMIA can support a work permit and Express Entry
  • How to determine if your foreign work experience is skilled

Explore Additional Resources

In this episode we mentioned the following resources:

• Real Change: A New Plan for Canadian Immigration and Economic Opportunity: https://www.liberal.ca/files/2015/09/A-new-plan-for-Canadian-immigration-and-economic-opportunity.pdf
• Liberal Party Platform: What does Real Change Mean to you?: https://www.liberal.ca/realchange/
• Express Entry – The secret to finding your correct NOC!:  http://www.canadianimmigrationpodcast.com/express-entry-the-secret-to-finding-your-correct-noc/

Canadian Immigration Institute

We just completed our very first Pilot Course on how to submit your Express Entry profile (Phase 1). It was a resounding success. We will be releasing within the next two weeks,  Phase 2 of our Express Entry Pilot Course which will cover how to file your permanent resident application after receiving an ITA.

If you would like to register for the course, please subscribe to my mailing list in the top right corner of this site and you will be the first to receive notification when the new pilot course is released.

Questions for our Next Podcast

Read the Transcript

You can read additional notes for this episode, [spoiler]

Canadian Immigration Podcast – Season 1 Episode 6

The New Liberal Government’s Immigration Reforms

How changes impact foreign workers and prospective immigrants?

”We will make it easier for immigrants to build successful lives in Canada, and contribute to the economic success of all Canadians.”

“Immigration has always been an important part of Canada’s economic growth, but over the past decade, Stephen Harper has turned his back on welcoming those who want to contribute to our country’s success.”

1. Refugees: “We will renew and expand our commitment to helping resettle more refugees, and deliver a refugee program that is safe, secure, and humane.”
   1. Settle 25,000 Syrian refugees by Jan 1
      1. Well underway
   2. Invest $250 million ($100 million this year) to increase refugee processing, sponsorship and settlement
   3. Restoration of Interim Federal Health Program
      1. Provided limited and temporary health benefits to refugee claimants
   4. Appoint individuals with appropriate subject-matter expertise to Canada’s Immigration and Refugee Board.
   5. Establish an expert human rights panel to determine designated countries of origin, and provide a right to appeal refugee decisions for citizens from these countries
2. Removed Visa Requirements from Mexican Citizens
   1. Phasing out visa requirements for other countries
3. Emphasis on Family Reunification: “We will take immediate steps to reopen Canada’s doors, and will make reuniting families a top priority. “
   1. We will also nearly double the budget for processing family class sponsorship.
      1. Reducing wait times for spousal sponsorship and Parental sponsorship
   2. Double parent and grandparent entry applications to 10,000 a year
      1. Currently taking 8-10 years to process
      2. Remove conditional PR (currently 2 years live together)
   3. Increase age of dependency from 19 to 22
      1. Many children between 19 -22 are in school and still depend upon parents
   4. Citizenship:
      1. Repeal Controversial provisions in the Citizenship Act to strip citizenship from dual nationals
      2. Bill C-24 – created second class citizens and more difficult to become citizens
      3. Crediting individuals for residency time prior to PR as it did before
   5. Express Entry:
      1. will provide more opportunities for applicants who have Canadian siblings by giving additional points under the Express Entry system
      2. We will make changes to the Canadian Experience Class to reduce the barriers to immigration that have been imposed on international students.
   6. Temporary Foreign Worker Program:
      1. Removal of $1000 LMIA fee for caregivers of physically or mentally disabled family members
      2. Better regulate caregiver agencies
         1. “We will also work with the provinces and territories to develop a system of regulated companies to hire caregivers on behalf of families. This will make it simpler for families to hire caregivers, and protect caregivers by allowing them to change employers in the case of bad relations or abuse.”

Listener Questions:

Question 1

From: Hasanova

Subject: Immigration to Canada

Message Body:

I live in Azerbaijan with my family and I am expressing a deep interest in migrating to Canada for a better life for my family.

Question 2

From: sagun

Subject: express entry and work permit

Message Body:

Hi,

I would like to inquiry that if I have Job offer letter supported by LMIA by a company in supervisor post. Can I apply for Work Permit as well as FSW Express entry program together? Please reply me.

Sincerely yours

sagun

Question 3

From: aruna

Subject: canada immigration

Message Body:

Is experience in banking consider as skilled work experience?

See Blog: “Express Entry – The secret to finding your correct NOC!” wrote on September 28. Found on www.CanadianImmigrationPodcast.com  website.

Report on Express Entry Pilot Course – Canadian Immigration Institute

• Express Entry Pilot Course on submitting your profile was completed yesterday November 21^st.

• Fantastic group of people involved. It was a lot of fun.

• Gained great insight into the areas that give people the most trouble.

• I will use this wonderful insight in creating the full Express Entry course

• Now that Phase 1 is done, I will be sending out an invitation to participate in Phase 2 of my pilot which will cover all aspects of filing your PR application after you receive an ITA.

• Stay tuned for more information in the coming weeks.

Questions for our Next Podcast

If you have an immigration question you would like to leva with me, there is a number of ways to do it.

• You can leave it in the comments section under this podcast,
• connect with me on Facebook at the Canadian Immigration Podcast facebook page.
• I can also be reached through LinkedIn and Twitter,
• and even on my law firm website: Holthe Tilleman LLP.

Because of the high number of questions I get, I am not always able to answer each person individually. I am really sorry for this. However, I will try to select the best questions that I get most frequently and podcast the answer as I have done in this episode. So please don’t hesitate to send your immigration related questions my way.

Subscribe to the Canadian Immigration Podcast on iTunes

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review.

That would help tremendously in getting the word out and raising the visibility of the show.

Don’t forget to subscribe to my mailing list as well.

Links to Resources:

Real Change: A New Plan for Canadian Immigration and Economic Opportunity: https://www.liberal.ca/files/2015/09/A-new-plan-for-Canadian-immigration-and-economic-opportunity.pdf

Liberal Party Platform: What does Real Change Mean to you? https://www.liberal.ca/realchange/

Express Entry – The secret to finding your correct NOC!: http://www.canadianimmigrationpodcast.com/express-entry-the-secret-to-finding-your-correct-noc/

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

I answer questions each week on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

In this blog, I will share some thoughts on recent trends at the Canadian border. It is clear to see that a culture of enforcement is overshadowing the previous culture of facilitation.

Shift away from facilitation at the POEs

As a Canadian Business Immigration Lawyer who practices cross-border immigration law, I have increasingly seen a cultural shift away from facilitation to a much more enforcement minded approach by officers at Canadian ports of entry when adjudicating the entry of business personnel.

It is absolutely critical that anyone seeking entry to Canada for business purposes have all of their documents in order well in advance of their entry date. I can not tell you how often I receive calls from individuals who have been refused at the port of entry because the officer felt they did not have all of the essential documentation to support their entry.

So why is it becoming so difficult to enter Canada as a business visitor or obtain a work permit at Canadian ports of entry?

I believe there are three possible reasons that can offer some insight into answering this question.

1. There are fewer legacy immigration officers working on the Canadian ports of entry.

When I worked on the border as an immigration officer, there was a clear separation between the roles of the customs officers who dealt with the importation of goods, and the immigration officers who handled issues associated with the entry of people. Although I am somewhat biased, Immigration officers tended to follow a culture of facilitation as compared with a Customs approach that was more enforcement minded. Generally speaking, Immigration officers would often go out of their way to assist foreign nationals seeking entry to Canada, provided the individual was honest and the purpose of their entry was genuine.

In today’s cross-border world, the entry of both goods and people into this country is handled by one government body, the Canada Border Services Agency (CBSA). When the CBSA was created, all Canada Customs officers and Citizenship and Immigration Canada officers working at the ports of entry were placed under the direction of the CBSA. Customs and Immigration officers are now referred to as Border Services officers (BSOs). The CBSA was created in many respects as a response to 911 and perceived weaknesses within Canada’s national security. It is reasonable to expect that the culture of the CBSA would need to be somewhat more enforcement minded to enhance the security of Canada’s borders.

Initially, the more senior legacy immigration officers played a significant role in the transition period as Customs officers learned the basics of the immigration system. Junior and less experienced BSOs were able to rely on the vast experience of the senior immigration officers when dealing with the entry of business personnel and the complex immigration rules and regulations associated with the adjudication of related applications. However, with any organization, if you take away areas of specialization and make everyone generalists, it is virtually impossible to retain expertise in any of the more complex areas.

2. The economic downturn and resultant increase in unemployment in Canada has lead to a more protectionist attitude at many ports of entry.

As the unemployment ranks swell within Canada, it is becoming much more difficult for Canadian employer’s to obtain labour market impact assessments to support both the obtaining and extensions of work permits for skilled personnel. Fortunately, from an immigration lawyer standpoint, there are a number of LMIA exempt work permit categories to facilitate the entry of foreign skilled personnel and intra-company transferees that do not involve the testing of the local labour market.

Many of these LMIA exempt work permit applications are adjudicated directly at the ports of entry by the BSOs. From a strict interpretation of the immigration policy manuals, the officers are not to look into whether these skilled professionals are taking away a job from a Canadian. The perceived economic benefits flowing to Canada from the reciprocal nature of these work permit categories is seen as offsetting any negative impact on Canada’s labour market.

However, there is considerable discretion granted to the BSOs when adjudicating these LMIA exempt work permit applications. These BSOs are human like anyone else. Many of them have family and friends who are currently unemployed due to the economic recession. It would be very difficult to remain unbiased when adjudicating a work permit application for a foreign national that is being brought into Canada to fill a position that, in the mind of the BSO, could be filled by Canadians they know. Although I am definitely not saying that BSOs are looking for reasons to refuse entry to business visitors and those seeking LMO exempt work permits, there does appear to be a higher rate of refusals on difficult applications that would have been approved without question in the past.

In order to increase your chances of success with border applications, it will be increasingly important to know the culture of the port of entry to which you are seeking entry. Choosing the wrong port of entry can be fatal regardless of the strength of your application.

3. Recent amendments to LMIA exempt work permit requirements has made it more difficult to qualify for these work permits.

The Foreign Worker policy manual has been continually revised over the past few years. Each revision appears to add a new layer of restriction to those who may qualify for LMIA exempt work permits. Largely these changes arise as a result of perceived abuses to the various work permit categories.

Because of the constant changes to these categories, you can not rely upon past practice as an indicator of future success. Just because the information and documentation you prepared in the past worked just fine in securing an initial work permit, does not mean you will have the same success using identical updated materials on a subsequent application.

I have fielded many calls from a disappointed HR Manager who thought they did not need to retain my services to assist with the renewal of an employee’s Canadian work permit because they felt they could simply update the old information I had initially prepared and submit the application on their own.

I would strongly recommend that counsel be retained to, at the very least, confirm that there have been no changes to the work permit category requirements. Alternatively, if choosing to handle the entry of cross-border personnel in-house, you would be well advised to undertake a thorough review of the immigration legislation, policies, and assorted operational bulletins to ensure that there are no new surprises.

The last thing anyone wants to experience is having their work permit refused because the application was not properly prepared in accordance with newly instituted work permit requirements. Once one refusal has been given, it becomes increasingly difficult to overturn that initial refusal. Although I would like to say in most cases there is a two strike rule when dealing with BSOs at ports of entry; the reality is that in some cases a single refusal can be fatal.

Conclusion

The challenges associated with the cross-border movement of personnel across the Canada / US border will likely not improve any time soon. As such, ongoing success will largely depend upon obtaining good advice and doing your homework.

Ultimately, I live by the following motto:

If ye are prepared, ye shall not fear…

However, even I get a little nervous travelling through the port of entry….and I was one of those officers!

Make sure to share your e-mail address with me so that you can be placed on my mailing list to be notified when new content is released. Click on this button at the top right side panel of this webpage:

Upcoming speaking engagements you might like to attend

I will be speaking at the follow upcoming events. If you would like to register, please follow the links below for further information. Let me know if you will be attending as I would love to meet you in person.

• Canadian Institute’s Immigration and International Worker’s Forum (Oct 27-28, 2015)

Question for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

I answer questions each week on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. However, please remember that if your question is not general in nature, I will not be able to respond. You would need to book a paid consult through my law firm: www.ht-llp.com.

Subscribe to the Canadian Immigration Podcast

If you found this blog helpful, I’m sure you will love my Podcast. Check it out and if you have time, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

Welcome to Season 1, Episode 4 of the Canadian Immigration Podcast. In this episode I will share with you the presentation I just gave to the Lethbridge Chapter of the Human Resource Institute of Alberta.  

This podcast is dedicated to all you Human Resource Managers out there who are looking for a great Podcast to help pass the time on your long commute into work.

By listening carefully to this podcast, you just might learn a few things about the Canadian Immigration system and do so while being entertained a little more than you would typically expect from a dry immigration law presentation. We like to have fun and that definitely plays out in the presentation.

In this podcast, I am joined by my Immigration Technical Advisor, Billie Young who shared the podium with me for about an hour. In our presentation we covered the following areas:

• Immigration in the News
• Legislative Changes – thanks to the press
• Foreign Worker Basics
• Labour Market Impact Assessments
• Express Entry
• Employer Compliance and Enforcement
• What’s on CIC’s Horizon

Click the link to download the power point slide deck for the presentation: HRIA Immigration Presentation September 23, 2015

[Tweet “Listen to Mark’s recent live presentation on immigration to the HRIA.”]

Listen to Mark Holthe’s Canadian Immigration Podcast

Explore Additional Resources

In this episode we mentioned the following resources:

• Human Resource Institute of Alberta: http://www.hria.ca
• Power Point Slide Deck:HRIA Immigration Presentation September 23, 2015

Speaking Engagements

I will be speaking at the follow upcoming events. If you would like to register, please follow the links below for further information. Let me know if you will be attending as I would love to meet you in person.

• Canadian Institute’s Immigration and International Worker’s Forum (Oct 27-28, 2015)

Question for our Next Podcast

Read the Transcript

You can read a additional notes for this episode, [spoiler]

Welcome to the Canadian Immigration Podcast, Season 1, Episode 4.

Today is a special episode of the Canadian Immigration Podcast. You will notice on my website that I did not produce a blog filled with tons of practical information. I do not intend to apologize for that because instead I have decided to share with you what I have been working on this past week or so.

Of course, this is in addition to the blogs and other podcasts I have released……and I can’t forget the fact that I am still trying to run the immigration practice within my firm…..and keep all of those wonderful clients happy.

Well,  over the last few days, I have been spending much of my time, preparing for a presentation I gave this afternoon to members of the Lethbridge Chapter of the Human Resource Institute of Alberta.

The Human Resources Institute of Alberta (HRIA) is the professional association for human resources professionals in Alberta. With chapters in all major cities in Alberta, HRIA is the third largest HR association in Canada representing over 6,000 members.

For the last two years I have had the opportunity to speak at the annual HRIA conference held in Calgary and Edmonton on alternating years. This spring I traveled to Edmonton to speak on various immigration issues affected HR Managers in Alberta. I was fortunate to have my immigration technical advisor, Billie Young (who is an x-immigration officer with way more government experience than I), share the podium with me.

We had an absolutely fantastic time with a great group of HR professionals. It is really the highlight of my year when I get to spend time with these exceptional people. Being the Manager of Human Resources within a company can be a somewhat thankless job at times, so I have a tremendous amount of respect for what they do and their extremely professional HRIA organization.

Well, I was absolutely delighted when they asked me if I would be willing to address the Lethbridge Chapter of the HRIA and provide them with an update as to what was happening in the crazy world of immigration….well, they didn’t exactly put it that way. However, I sure did in my presentation… which was entitled “Comprehending the Incomprehensible”.

Because of the time I put into that live presentation, I was not able to produce more great content for my website. Therefore, I figured the next best thing I could do would be to share with you the presentation I gave this afternoon to the HRIA Chapter in Lethbridge. Please forgive the quality of the audio as both my videographer and sound technician were away and unable to help this audio challenged rookie.

Thanks to my Zoom H2n Handy Recorder, I was able to record the audio from the presentation and amazingly enough, it worked…….its not perfect as I was not able to capture all of the questions from the audience. And It also caught a little bit of feedback as I fumbled around the podium from time to time during the presentation.

But that’s okay, because the presentation was super fun and turned out awesome. The reason I know this is because I had the pleasure of Billie Young joining me again as she covered off the Work Permit and Labour Market Impact Assessment part of the presentation. Although she claims she gets super nervous, it didn’t show at all. As for me, I never met a mic I didn’t like.

If you are an HR or Global Mobility Manager anywhere in the world who sends people into Canada for business purposes – this podcast is for you. However, any individual or employer accessing the Temporary Foreign Worker Program in Canada will benefit from this information just as much.

As I sit here in my office tonight getting ready to queue up the presentation, before my 3 minute drive back to my home this evening, I want to dedicate this podcast to all of you HR Professionals out there, or anyone else that will be facing an excruciating hour long commute into work in the morning. I know you are out there because you work for entities just like my large corporate and institutional clients. Although immigration can be a pretty dry topic….especially  when a lawyer is doing the presenting, I think you just might be entertained and learn a few things all at the same time.

So without further adieu, I will pull up the audio from that conference so that you can have a listen. Oh, and I also wanted to remind you that you can download the slide deck of the presentation and follow along……however, not you guys that are driving….keep your eyes on the road.

[PRESENTATION AUDIO]

Well, I hope you enjoyed that presentation as much as I did giving it. In all honesty, if I could spend my entire career presenting and teaching, I would be in heaven. Having completed my bachelor of education and taught high school prior to becoming a lawyer, teaching immigration satisfies both of my passions at the same time.

I was not able to address any questions from my listeners today, so I apologize for that. However, if you do have a question, please go to my website at www.canadianimmigrationpodcast.com  and leave a question for me. I recently realized that its not that easy to leave a question on my website. I am going to make sure that we put a widget on the front page to make this easier for you.

However, in the interim, you can click on the “Contact” button at the top right section of my landing page and all the instructions you will need are found there.

Upcoming Speaking Engagements

If you liked this podcast and want to hear me speak in person, please go to the show notes and I will have a link to my next speaking engagement that will occur at the:

• Canadian Institute’s Immigration and International Worker’s Forum, on Oct 27-28, 2015 in Calgary, Alberta. Click on the register button and you will be guided through the process. I’ll be running a ½ day hands on workshop on how to file a Labour Market Impact Assessments and accompanying Work Permit as well as a traditional presentation during the conference on the scary world of Employer Compliance within the Temporary Foreign Worker Program.
• I’d love to see you there in person. So make sure you introduce yourself to me if you tuned in to this episode of the Canadian Immigration Podcast.

Question for Next Podcast

In our next Episode of the Canadian Immigration Podcast, you the listener will have the opportunity to tell me what you want to learn about Canada’s new Express Entry process for obtaining permanent resident status in Canada.

As I have indicated in previous podcasts, on November 1 of this year (less than two months away) I will be launching my Canadian Immigration DIY Guide to Express Entry. This guide will be a screen cast where I walk you through each step of the Express Entry process as if you were sitting with me in my office. It will be filled with every ounce of my and my team’s experience and knowledge navigating the frustrating Express Entry portal.

The product is still in Beta, so if you have anything you would like to see within the guide, please comment below or message me through Facebook, Twitter, LinkedIn and all the others.

Although I have a pretty good idea where the tricky parts are when attempting to submit an Express Entry Profile and PR application, I would love to get even more input from you. So please, please send your suggestions my way.

And don’t forget to like the Canadian Immigration Podcast on Facebook. I have a goal to get to 1000 likes by the end of the month. I am currently sitting at 480, so if you find the information I am providing helpful or worthwhile, please share the love with all of your friends and anyone else who you feel may benefit from what I am trying to do.

If you don’t like what I am doing, then please let me know as well. I appreciate constructive feedback every bit as much as a pat on the back. After all, I want to provide this free resources in a way that people can actually use. Otherwise, there is no point in me  wasting my time.

However, from the awesome feedback I have already received in just two weeks of my Canadian Immigration Podcast launching, I am pretty darn excited about what the future will hold. So thanks for all of your feedback and please keep it coming.

Subscribe to the Canadian Immigration Podcast

Finally, Don’t forget to subscribe to the Canadian Immigration Podcast on iTunes. If you enjoyed the show, please rate it on iTunes and write a brief review. I would love any comments or suggestions you may have to make the podcast better.

Well that should about do it for this Podcast. I look forward to my next Podcast where I will share more practical tips and information on Canadian Immigration law, policy, and practice, to help you along your way!,

This is Mark Holthe, signing off for now.

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

I answer questions each week on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

Question [Holthe Tilleman LLP website]:

My employment reference letter states my hierarchical designation as General Manager but does not detail my duties or role. I do not wish to inform my employer about my intention to immigrate, and asking any such letter now may create difficulty for me.

Listen to Mark Holthe’s Answer

Resources:

[Advisory] The following information is for reference purposes only. Because the Express Entry system changes frequently, you must consult the specific instructions contained within your portal when seeking to upload an employer reference letter. There is currently no available template listed on the general CIC website that describe the specific information that must be included in employer reference letters for Express Entry. As such, I have provided below a sample of what you could use in the interim. However, the instructions below come from the old document checklist for the Canadian Experience Class and are only to be used as a general guideline.

Employer reference letters must be:

• written on company letterhead,
• signed by the responsible officer/supervisor,
• have the printed name and title of the responsible officer/supervisor beneath the signature,
• show the company’s full address, telephone and fax numbers, e-mail and website addresses, • stamped with the company’s official seal (if applicable).

Reference letters must include all of the following information:

• the specific period of your employment with the company,
• the positions you have held during the period of employment and the time spent in each position,
• your main responsibilities and duties in each position,
• the corresponding National Occupational Classification (NOC) code (if known),
• your total annual salary plus benefits,
• the number of hours worked per week.

Read the Transcript

You can download a complete, word-for-word transcript of this episode here OR [spoiler]With citizenship and immigration Canada making it increasingly difficult to speak to an officer, there are few places to turn for information that can be relied upon. The Canadian immigration podcast was created to fill this void by offering the latest information on Canadian law, policy, and practice. Please welcome, immigration officer and Canadian immigration lawyer, Mark Holthe, as he answers a wide variety of immigration questions, and shares practical tips and guidance to help you along your way.

Welcome to the Canadian Immigration Answers podcast. My name is Mark Holthe, I’m an immigration lawyer practicing in the beautiful province of Alberta Canada. Today’s question comes from Yuvraj and he asks the following, “Hi, my employment letter states my hierarchical designation as general manager, but does not detail my duties or role. I do not wish to inform my employer about my intention to integrate, and asking any such letter now may create difficulty for me. How do I meet CICs requirement of proof of my duties as per my stated occupation? Your assistance is greatly appreciated, thanks in advance.”

Well, Yuvraj, I have to admit that over the last little while, immigration has become extremely difficult to deal with. They have shown very little mercy to anyone who does not submit a complete application. Because of that the answer that I have to give you is probably not one that you would like to receive. If you are submitting an express entry application, or any permanent residence application today, you pretty much need to submit exactly what the government is asking for. If you choose to not do so, you run a significant risk in getting your application returned. They seem to now be following a one touch only policy where if there are any missing documents, rather than the good old days when they would provide you with a letter stating the deficiencies, and then give you an opportunity to upload the missing information, they now simply refuse it.

So because of that I have to tell you that you really have to probably disclose to your employer and get their cooperation in submitting your application. Without that letter there is really very little that you can do to prove to Citizenship and Immigration Canada that you actually have the experience, and are working in the role of general manager as stated in your application. So I wish that I could tell you that you could submit some form of alternative to that letter or provide the existing letter with an explanation. However the days are gone when CIC will accept those kinds of things, especially if you are currently encumbered within that position. So I hope that answers your question, and good luck working that out with your employer.

Thank you for listening to the Canadian Immigration podcast, your trusted source for information on Canadian law, policy, and practice. If you would like to contribute a question for future podcasts, or wish to set up a legal consultation with Mark, please visit www.ht-llp.com.
[/spoiler]

Binge on all the Canadian Immigration Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Ask Mark an Immigration Question

I answer questions each week on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

Express Entry is now live .

My first experience accessing the representatives portal was actually very positive. I must admit that I was a little nervous with what to expect given CICs past track record rolling out electronic filing systems. In the past, it seemed as if CIC pushed for the release of the electronic filing systems before they were fully beta tested. In essence, they used you and me to identify the glitches in the system and then took our “negative feedback” back to the engineers to fine tune the bugs.

Well, I have to give credit where credit is due. Unlike previous experiences, this time I was pleasantly surprised at how smoothly the system worked. I was able to get my client’s profile completed in very little time. The “timing out” issue is still a reality, but I did not find the same level of glitchiness moving back and forth between screens and jumping between family members. However, it is not a “truly perfect” system. I will touch more on this below.

Now after having extolled the virtues of navigating the Express Entry portal, I want to focus on the real purpose of this blog….and that is to try to protect all of you from making some serious errors as you rush to get your profiles filed.

I can’t tell you how often I have clients come to me after rushing to get an application filed, only to see their one good shot at success crumble around them because of an oversight on their part. It will do you no good to be the first to get your Express Entry profile submitted if you compromise accuracy and honesty for expediency. CIC has confirmed that the first draw from the pool will not occur until the end of January. As such, take your time, don’t rush things, … and above all, pay close attention to my “Essential Tips to Getting Out of the Pool Safely!”

1. Language Testing is Critical.

Without an official language test from either IELTS or CELPIP (CIC’s designated English language assessment centres) you will not get past the gatekeeper wizard to even begin completing your profile. Your language scores must be in hand at the time you start the initial screening process. If you don’t have the scores in hand, don’t waste your time even starting to fill out the first few questions because you will be blocked within the first few screens. Also, you must remember that CIC does not like the old CELPIP-G tests now. You must be writing the CELPIP – General 2014. If your CELPIP exam does not clearly state CELPIP- General 2014, you will know you are in the right ball park because the drop down options the EE portal gives you will correspond to your scores.

If you have not yet taken an English Language Test, you are going to be in for a little wait because testing sites have been filling up like crazy in the last few months. You will likely be hard pressed to find a testing location that can get you in within the month. You are likely not going to be eligible for consideration in the first draw which takes place at the end of January. You will have to wait until you have the test results before you can finalize your profile for submission.

2. LMIAs rule the Express Entry world.

As you have now likely seen from the Comprehensive Ranking System (CRS), anyone holding a job offer confirmed by a regular or permanent LMIA will most assuredly be given an Invitation to Apply (ITA) for permanent residence in Canada. With this being said, do not think for a minute that just because you do not hold one now, there is no point in apply under Express Entry. Although job offers supported by an LMIA accumulate 600 points towards the maximum 1200 within the CRS, CIC has indicated repeatedly that they anticipate drawing individuals with high human capital and no LMIA in the beginning draws.

At this stage my best advice is to go ahead and submit your profile if the wizard lets you and then work with your current employer to obtain an LMIA or if you are currently outside of Canada, work within the Job Bank to get your profile completed so that you have the possibility of being matched with a Canadian employer who may be willing to obtain a PLMIA on your behalf. CIC treats the regular LMIA and the PLMIA the same for the purposes of Express Entry. Remember that you can always update your profile to “legitimately” enhance it at any time while you are floating in the pool. I say legitimately enhance because there are definitely ways to fraudulently enhance, as can be seen in my next tip, …with far reaching consequences.

3. Don’t you dare misrepresent anything on your application. 

Because documentation is not required at this stage, some will be tempted to submit a profile that is not “entirely correct” in order to rank higher on the CRS. The misplaced rationale goes something like this: “I can always correct my “mistake” later when I am applying for PR after I get an ITA.” If this is your thought process, you are going to be in for a rude awakening. Common places where “fudging” can occur include:

• Language Scores – if you didn’t do so well on your first test, but have an appointment scheduled to sit the test again, do not take the chance of guessing what your new scores may be before you actually have the results in hand. Both you and I know that if your CRS score is a little lower the temptation to give it a pre-emptive boost will be overpowering. Especially when you have been studying really hard to improve your language scores. However, you never know when CIC could dip a little lower into the pool and pull you out before you have had a chance to sit the new test. If CIC extends an ITA based upon the scores you “creatively calculated”, you will be in for some real trouble trying to explain why the test results you actually have do not match up with what you put on your profile. At best you could be bounced from the Express Entry pool and at worst, you could be the subject of misrepresentation allegations from CIC which could carry with them an up to 5 year bar and removal from the country.

• Educational Credentials – it is likely obvious by now that you do not need educational credentials to qualify under Express Entry. You can qualify for the Canada Experience Class on skilled work experience and language ability alone. However, if you are competing against other candidates for the last remaining CEC spots, those with solid educational credential assessments will often rank higher than those without. As such, some may decide to artificially bolster their stated education in the beginning iso that they will rank high enough to be drawn through the CEC category while hoping all along CIC will never ask for the actual ECA report or school transcripts. If you are thinking this, just don’t. It’s not worth it. CIC will only recognize education that is supported by an ECA anyways. Further, you have to list the reference number for the ECA in the beginning and we really don’t know how CIC will check up on the reference numbers for the ECAs and Language test results prior to issuing an ITA. Don’t put it down unless you actually have the educational credential AND if you are actually interested in getting points for education, get the ECA done now without any further delay.

• Work Experience – never forget that your work experience is based upon your actual job duties and NOT your title. Further, if you are relying upon certain work experience to improve your CRS ranking, you had better make sure that you can obtain a reference letter confirming what you indicated in your submitted profile. I can’t tell you how many times I have cross referenced an employer letter of support with a client’s completed intake questionnaire only to discover that the employer is describing the position of the foreign worker in a completely different fashion than the candidate. Get the reference letters in hand first and make sure that everyone is on the same page.

4. Don’t trust the Express Entry wizard.

You will discover really quickly that if you fail to complete some sections of the Express Entry profile, your “Status” for that section will read “In Progress”. If the section is complete, it will read…..no surprise here: “Complete”. This is all well and good; however, I noticed a glitch in the system where in some cases, the Status read “Complete” with a nice vertical row of green “Completes” for each form when I knew for a fact I still needed to add in some additional information.

In my case, I needed to have my client provide me with the “issue date” and “expiry date” on the LMIA we were using to support his job offer. I had not yet uploaded that information into the system but according to the not so smart “Express Entry” Wizard, everything was done and the application was ready to submit. The glitch also pops up when you click the: “Check for Completeness” button at the top of the form. Imagine what would have happened if I trusted the wizard and submitted the application without the LMIA information. The consequence to my client would have been 600 points less on the CRS and undoubtedly a long swim in the EE pool until the error was eventually discovered and corrected. Remember, CIC has stated that “at least in the beginning” every candidate with an LMIA will be given an ITA.

The last thing in the world I would ever want to do is try to explain to the Law Society of Alberta that my client was prejudiced NOT because of my incompetence but because CIC assured me I could trust the Express Entry wizard offering advice and direction behind CIC’s virtual curtain. I might as well dust off my Scarecrow costume from the Wizard of Oz and start singing “If I only had a brain,” because my future livelihood wouldn’t be coming from practicing law, that’s for sure. So the moral of this story is that you need to carefully go through each of the forms once, twice, and maybe even three times just in case, so as to assure yourself that what you are filing is “really” complete.

5. Get someone you trust to proof read your profile before you submit it.

Finally, it doesn’t matter who you are; a foreign national with a Ph.D. in Astrophysics, an immigration lawyer with 20+ years of experience, or a food counter attendant at McDonalds submitting their own Express Entry profile, no matter who you are, never, ever submit your profile without having someone you trust give it a quick review. I’m sure we have all been in situations where we have written a paper for school, proof read it three times and then submitted it only to have our teachers identify 4 or 5 typographical errors we somehow missed. I see this all the time with my own blogs. This goes the same for the Express Entry portal. Although many of the fields are “drop-down” type menus with limited “fillable form” fields, there is still plenty of room for us to miss things.

When your future permanent resident status is at stake, you never want to take the chance you are “smart enough” to go it alone. Remember unlike the first-in, first-out system CIC followed previously, where applications would get bounced because they were incomplete, or the good old days when they would send nice deficiency letters asking for us to update the file with anything that was deemed missing, Express Entry will be a cruel overseer. If you make a mistake in your profile by selecting the wrong drop down item, or forget to insert your LMIA issue and expiry dates, there will be no one on the other end to point out your mistake. The CRS does not provide advice, it only assesses the data presented before it and then uses it to rank you against the raw data of another candidate.

A head official within CIC once told a colleague, that they “don’t pay officers to think. ” The consequence of this mentality will become more readily apparent as people choose to follow CICs advice “that you don’t need to hire a lawyer” and instead trust the all powerful EE Wizard to tell them if their application is complete. Further, this new EE system has NO room for “discretion”. If you make a mistake that causes you to lose out on precious CRS points, the only time you are going to find out about it is when your waterlogged profile gets officially pulled from the pool after reaching the one year stale date.

So at the very least, get someone to carefully review your profile. It would be ideal to have someone that actually has some understanding of the process (once again…..this is a shameless plug for our little firm) who can review your application in detail and make sure you have not: 1) misstated anything, 2) omitted something you should have included, or 3) failed to catch those naggy little errors that can be the difference between being granted an ITA from CIC or languishing in the pool for a year while you watch yourself cap out and head home on a plane in April.

Ask us a Immigration Question!

If you have general questions regarding the Express Entry process or any Canadian immigration matter feel free to connect with us through the “Ask an Immigration Question” portal on our website (ht-llp.com). For those who would rather leave a voice message, you can also do so on our website by clicking the “Ask an Immigration Question” tab on the right side bar. I will respond to these general question via our new “Canadian Immigration Answers” podcast available for download on iTunes.

If you have specific questions and immigration problems that need to be addressed immediately, please contact our office directly to book a paid consult.

Stay tuned for future blogs on Express Entry and a wide variety of other Canadian immigration topics.

Canadian Immigration Podcast

And don’t forget to sign up for our “Canadian Immigration Podcast” also available for download on iTunes.

Mark is an x-immigration officer with Citizenship and Immigration Canada having worked on the Canada/US border. He is currently serving as an Executive Member of the National Immigration Law Section of the Canadian Bar Association and Immediate Past-Chair of the Alberta South Immigration Section of the CBA. He is a frequent speaker and educator on Canadian Immigration Law and Policy and regularly offers seminars and workshops to lawyers, consultants, and human resource personal related to the Temporary Foreign Worker Program and the transitioning of foreign workers to permanent resident status in Canada.

Question [Holthe Tilleman LLP website]:

Work Permits – Extending Work Permit with Concurrent Filing of In-Canada Spousal Sponsorship

Listen to Mark Holthe’s Answer

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian Immigration Answers podcast. My name is Mark Holthe and I’m an immigration lawyer with Holthe Tilleman, located in the beautiful province of Alberta, Canada. This podcast is the source of all the answers to the various immigration questions that we receive through our ‘Ask an immigration question portal’ on our firm website. Our website is located at ht-llop.com. And through our ‘Ask an immigration question portal,’ individuals can send us a written request, or written question, or they can also click on our ask an immigration tab, and leave a voicemail message for us.

And we endeavor to answer these general immigration questions, and it’s a way for us to give back to those who maybe will not to necessarily to be able to afford the services of an immigration lawyer. And so this question and answer process is a way for us to give general direction and general advice, and this is not to be taken as legal advice. If individuals need specific legal advice regarding their particular circumstances, we encourage them to go to our website ht-llop.com and book a paid consult; we charge $100 for 30 minutes.

This consult will be preceded by us sending you our intake form, you indicating the areas that you want assistance with and providing some background information. And then that is all reviewed before the consultation so that, that 30 minutes is used to the utmost and that $100 is — the person is receiving value for that money.

Well let’s take a look at our immigration question today. The question reads, I’m a foreign worker working in Canada, and my work permit is soon expiring. What options do I have to stay in Canada legally? I have a Canadian spouse, but my company that I’m working with is not able to obtain a new labor market impact assessment. So this question can really be divided into a number of different areas. In essence individuals working in Canada on work permits where the employer is unable to obtain a new LMIA, is extremely common given the recent overhaul of our foreign worker program in June of 2014.

In many cases, companies will have either exceeded their 10% proportionate rate of foreign workers within their operation, or many foreign workers will have reached their four year cap on April the 1st of 2015. These two unfortunate events often lead to a circumstance in which people are unable to extend their work permit, and face the prospect to having to go home. Now the answer to this question is actually one that is really good. So if you have a Canadian spouse and that spouse is either common law or you are officially married, or even in a conjugal relationship, you may have the ability to file a spousal sponsorship before your work permit expires.

And at the same time include an open work permit application with the spousal application. And we are talking about an in Canada spouse or common law partner application for permanent resident. If you file your spousal and you include an open work permit with that spousal, then it allows for a person to be able to continue to work under the same terms and conditions of the original work permit under what the immigration regulations and indicate or describe as implied status. So essentially despite the fact the work permit may have expired, the person may continue to work without a new labor market opinion, or even without a new work permit, so long as that open work permit that was coupled with spousal is held by CIC pending receipt of the first stage of approval on the spousal application.

When in Canada spousal application reaches the first stage of approval, then CIC will actually issue the official open work permit to this particular candidate while they are waiting for finalization of the spousal. So in this case this is actually a good news story, because this individual will have the ability to apply for open work permit, to allow them to continue working. And that open work permit will sit there so long as the spousal sponsorship application, the first stage is being processed. Now there are a couple drawbacks to this, nothing seems to be quite as rosy as it first appears.

In this circumstance when an individual no longer has a valid work permit, in other words the document has expired, there are usually other government programs or services that are tied to the expiry date on that permit. Social insurance is number — social insurance numbers will expire, drivers licenses have the potentials to expire if they are linked to the expiry date on the work permit. And most importantly provincial health care sometimes also will expire with the expiry of the work permit.

Now according to CIC, the person will be able to continue working under implied status on the work permit. However that same rule does not necessarily apply to the provincial health authorities, or to the driver’s license issuing registry. And so one of the things that we recommend, is that individuals take steps to notify the health authority, and to request a temporary extension. In Alberta for example, they are used to issuing up to a two month extension of health coverage pending receipt of the work permit, provided you can provide evidence that the work permit was applied for as well as the labor market impact assessment. When it comes to driver’s licenses and other things like that it’s really a hit or miss type of a situation.

If the drivers license is expiring, then sometimes we will send them down to the registry to see if the permit can be extended based on a letter from our office confirming that they are invalid implied status. Sometimes that works, sometimes it doesn’t it depends on the registry. And then when it comes to the social insurance number, well CRA is still happy to continue receiving remittances under that number. So it’s not really a big deal if the same number expires. So this is essentially the answer to the question today which was post, which was I have a work permit that’s expiring, but I’m married to a Canadian or I have a Canadian spouse, what options do I have if my employer is not able to secure a labor market impact assessment?

Or even in the case of a labor market impact assessment, as I have talked about here briefly if one has been filed and it just hasn’t been received yet. So in each of those circumstances this open work permit submitted with the spousal sponsorship application when it’s filed, as long as it’s done so before the current work permit expires, that person can continue working under implied status. And that is the answer for today’s question.
[/spoiler]

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Question [Holthe Tilleman LLP website]:

I am working in Canada on a valid LMIA based work permit. My employer has filed an LMIA application however it has not yet been approved. My work permit is expiring within the next 2 weeks. What can I do to ensure I can keep working until the LMIA is received?

Listen to Mark Holthe’s Answer

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian Immigration Answers podcast. My name is Mark Holthe and I’m an immigration lawyer with Holthe Tilleman, located in the beautiful province of Alberta Canada. This podcast is a source of answers to various immigration questions I receive through the ‘ask an immigration question portals’ on my website, ht-llp.com. Our Holthe Tilleman website is designed to provide lots or resources and information for people desiring to submit immigration applications to Canada.

The Immigration Answers podcast was created to provide this with an avenue where people could ask questions through our website, and then receive podcast and answers back. Now often I will receive questions from a number of people that relate to the same topics. So this podcast has been created as an avenue to respond to all those people, all at once. If you have specific questions that cannot really be answered through a general question and answer process, please go to my website at ht-llop.com, and book a consult, a paid consult. And we charge $100 for 30 minutes, and I would be happy to address your specific concerns and give you formal legal advice.

This time I’d also like to provide a disclaimer that the information provided here in this podcast is of a general nature only, it is not to be taken as a legal advice. If you really need legal advice and direction, then it’s recommended that you connect with a lawyer, an immigration lawyer to provide that advice to you. So without any further ado, here is this podcast — this is the question answer for this podcast. The question reads, I’m working in Canada on a valid LMIA based work permit. My employer has filed an LMIA application; however it has not yet been approved. My work permit is expiring within the next two weeks, what can I do to ensure I can keep working until the LMIA is received?

Well, we know when you file a work permit; you always need to have a labor market impact assessment supporting it, unless you qualify under one of the LMIA exempt categories. So in this circumstance here with this question, a person’s work permit is expiring, they are running out of time, they are not sure what to do; the company has not yet obtained the labor market impact assessment, and so the employee is really stuck. Well, in the past yeah, there wasn’t really a good option to resolve this issue that this particular person has articulated. In other words work permits would expire, and people would have to stop working and then apply to restore their status and they would have 90 days to do that, while they were waiting on the LMIA. But during that time period they couldn’t work.

That is until Citizenship and Immigration Canada released an operational bulletin that made it change. And so the change was to allow someone to file their work permit application when there was two weeks or less remaining on the validity of that work permit, provide proof that they had a valid job offer from a company, and that they have proof that the employer has submitted a request to service Canada for a new LMIA. The processing fee would be taken by the government, and that application would be held for two months from the date that it was received. And after that a decision to either refuse or proof the work permit would be made.

Now what this allows this person to do is to buy some time. By filing the work permit extension, they can benefit from implied status, and can continue to work under the same terms and conditions of the original work permit until a decision has been made on the work permit. Before this policy if someone filed that the work permit would often be refused because there’s no LMO to support it, or LMIA I should say. But now because of that policy, they have agreed to hold those work permits for up to two moths pending receipt of the LMIA. So for this particular worker you do have an option, and you can file through that process, and that is the answer to the immigration question for today.
[/spoiler]

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Although the temporary foreign worker program cap was removed, many of the strategies set out in this blog continue to be valid considerations if an employer is unable to secure a LMIA in a number of circumstances.

[Tweet “Top 5 Ways to Stay in Canada if faced with the TFWP Cap of April 1, 2015”]

Listen to Mark Holthe’s Answer

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Temporary Foreign Worker Program – 4 Year Cap is Looming

On April 1, 2011, the government imposed a four year cap on all Temporary Foreign Workers working in Canada on LMIA (LMO) based work permits in trade or technical level positions and lower. Four years seemed like an eternity away for employers and their newly hired TFWs.

When the cap was introduced, the Temporary Foreign Worker Program (TFWP) was heavily supported by the Conservative government in Canada. Despite enacting added measures to catch employers abusing the program, the process for hiring and obtaining work authorization for foreign nationals was relatively straightforward. Those days are gone…..long gone! In fact, the TFWP is under full attack from this same Conservative government as they quickly take steps to distance themselves from any responsibility for the perceived abuses within the program. In June of this year, the TFWP was overhauled and significant effort is being made by the Conservatives government to reduce the total number of foreign workers in Canada in preparation for an attempt at re-election in 2015.

It is now late November 2014 and many temporary foreign workers are struggling with the reality that their time in Canada is very quickly drawing to a close. Canadians should not plan on travelling outside of Canada during the month of April 2015 because the airlines will be completely full with foreign workers who have capped out and are returning home. In many cases, these foreign workers will have been in Canada with their families for much longer than 4 years. Facing the reality of having to start over again in their home countries, our law firm receives many calls from employers and individuals desperate for a solution that will allow them to remain in Canada.

Despite the bleak horizon for most TFWs and the companies that employ them, some options do exist. Although the specific circumstances of each individual will often dictate the options that may be available, and corresponding chances of success, our firm has identified the top 5 strategies for helping foreign workers remain in Canada.

1. Apply for PR status immediately and obtain a bridging work permit. In many cases, options may be available to apply for PR status in Canada. However, individuals must act immediately to book an english language assessment and complete the PR application process before January 1, 2015 when the new Express Entry processes goes live. If the foreign national is able to obtain a positive selection decision on the PR application from CIC they may be able to obtain na open bridging work permit to allow them to continue working in Canada until a decision has been made on the PR application.
2. Employer files for a permanent LMIA to support the TFWs Express Entry selection. Under the Express Entry program, candidates with LMIA supported job offers will quickly be given Invitations to Apply (ITA) for PR status in Canada. There is no known restrictions on employers obtaining a “permanent” LMIA to support the candidacy of an existing employee who will be capping out on April 1, 2014. In fact, even if the employee ha to return home because the work permit can not be extended, the Express Entry selection process will continue forward regardless of them being in Canada.
3. Transition from an LMIA based work permit to an LMIA exempt work permit. The four year cap only applies to TFWs working in Canada pursuant to an LMIA based work permit at Skill Levels B,C, or D. Although the LMIA exempt work permit options may be limited, it is critical that all available avenues be explored. After all, the consequence of doing nothing is to simply pack your bags and go home when the current work permit expires. Some possible categories include, International Experience Class (working holiday), NAFTA, GATS, Significant Benefit, and the Spousal Program). If a TFW is accompanied to Canada by a spouse, the accompanying spouse may seek to obtain a work permit. If the position is at a skilled level (Skill Level B, A, or 0), a spouse may be eligible for an open work permit. As such, the accompanying spouse becomes the principal work permit holder and the spouse capping out could switch to an open spousal work permit to continue working.
4. Seek admission to a Canadian college or University and become a foreign student. Some employers may be willing to support a valued TFW in returning to school to obtain a diploma or degree. Alternatively, a TFW may choose to apply for post secondary studies independently. If enrolled in a program of studies (other than ESL), and other eligibility requirements are met, foreign students can work up to 20 hrs per week off campus during the regular school term and full time during the regular scheduled breaks without a work permit. In fact, this is an open work authorization, so there is generally few restrictions on the type of employment pursued. Companies would be free to employ a current TFW in any number of ways on a part-time basis while they are going to school. Upon completion of studies, a post graduate work permit may be available which can lead to a number of options for PR status in Canada.’

This scenario can also be played out if the TFW has an accompanying spouse. If the accompanying spouse becomes a foreign student in a post secondary institution (not ESL), the spouse currently working on the LMIA based work permit could apply to transition to an open work permit through the spousal employment program similar to option #3 above. This open work permit would similarly allow the TFW to work in virtually any occupation including their present position if so desired

5. Choose to file an Humanitarian and Compassionate application for PR status in Canada. When no other options appear to be available, some individuals may choose to apply for PR status under the H&C category. This application is designed to allow foreign nationals and their families to apply for PR status in Canada when they do not otherwise qualify under any other category. This option is truly an option of last resort and does not have a high rate of success. However, families who have lived in Canada for many years and have Canadian born children may have sufficiently established themselves in Canada to warrant a positive H&C decision. Establishment alone would likely be insufficient; however, it is one factor of many that could be used to support an H&C application.

Because of the complexity of these strategies, we encourage you to contact our office immediately to have us assist you in determining if one of these strategies may be suitable for you. With less than 4 months remaining before many foreign workers reach the 4 year cap, the time to act is now. Call our office to set up a consult.

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian Immigration Podcast episode number two. My name is Mark Holthe, I’m a Canadian immigration lawyer based out of the beautiful province of Alberta, Canada. I’m an ex-immigration officer with Citizenship and Immigration Canada, having worked on the Canada-US border. I’m currently serving as an executive member of the national immigration law section of the Canadian bar association, which is an awfully long title. And I also served as– and I’m serving currently as the immediate past chair of the Alberta South immigration section of the CBA.

I’m a frequent speaker and educator on Canadian immigration law and policy, and I regularly chair and speak at seminars and workshops to other immigration lawyers, immigration consultants, and human resource professionals across the country. The topics relate to the temporary foreign worker program and often relate to the transitioning of foreign workers to permanent resident status in Canada. This podcast is all about Canadian immigration law, policy, and practice.

At times I would cover some of the important changes within the Canadian immigration world. I’ll also respond to questions that come to me through our ‘Ask an immigration question’ portal on our website. Now if you would like to send a question to me, go to our website www.ht-llp.com, and click on the side panel that’s entitled ‘Ask an immigration question.’ You can leave a voice message for me digitally and I will respond to that question that you’ve raised via our podcast.

Now I’ll try to do it as frequently as the questions come in, I have found that generally people tend to ask the same types of questions, so I will group them together and then try to respond to everyone. In today’s podcast, I’m going to cover one of the most common questions that I have been getting lately. Now back in April the 1st of 2011, the temporary foreign worker program instituted a four year cap. Now that cap applys to any worker working at a skill level B, C or D.

And essentially what that means is, skill level B category positions include supervisors of retail trade, they also include the various trades such as welding and carpentry etcetera, and all of the positions that would rank below those. So trade in technical level positions as well as positions that do not require any real formal post secondary education to be able to work on them, in other words ones where you can apply for the position with no experience, or simply obtain on the job experience. Now the issue that we are having is April the 1st 2011 they made the announcement. And when it was made four years seemed a long time into the future. However with us being now November the 27th 2014, the April 1st 2015 deadline is looming.

Now if you are a Canadian citizen, I would highly recommend that you don’t think about travelling outside the country during the month of April, because there’s going to be a large number of foreign workers who will be capping out and having to return back home. So the common scenario that I have and the question that I often face is this, I’m a food service supervisor, I have been working in Canada since 2008, 2009, and come April the 1st 2015 I will reach my four year cap. What can I do to stay in Canada longer? Now generally speaking, each individual is going to have certain aspects about their history, their background that may present different options.

And all the options that I present here are general in nature, and are intended to cover off some of the possibilities that might be available. So take what I’m saying here with that in mind, and here is my top five options that you can pursue to stay in Canada if you are in a position where you are capping out.

So the first obviously is to seek for an opportunity to apply for permanent residence through one of the economic class application — one of the economic class processes. Typically that would be the provincial nominees, the federal skilled worker program, or the Canada experience class program. Now as we know the new express entry process will be kicking in sometime at the beginning of January 2015.

So you have very little time to act now, but the first key is to look to pursue any possible permanent resident avenues that you may have. When you are able to secure that permanent residence, and you receive an acknowledgement from the government that your application has been accepted for processing, and you receive that confirmation from the government, you can then take that confirmation to apply for a bridging work permit when your current work permit is nearing expiry, in fact within four months of expiry. You can then apply for bridging work permit to extend your stay.

And this is good, because your company that you are working with, it takes you outside of the four year cap. Once you are on that work permit then you are okay to stay until your permanent resident application is either approved, whereby you become a permanent resident, or refused and at that time then you would have to either explore other options or return home. So that’s the first, apply for permanent residence, and then obtain a bridging work permit to bridge that gap. One thing I will point out is that the bridging work permit has to be applied for, before your existing work permit expires. If it expires and you are trying to restore, you cannot do that through the bridging work permit process.

Okay, option two, failing that then what we are commonly seeing if you are in a skill level B position, your employer may wish to consider applying for a permanent LMIA, a labor market impact assessment to support your express entry application. When you apply to express an interest in immigrating to Canada through this new express entry program, you will often require, and in most cases require an LMIA to support that. If you are in the process of capping out and you are running out of time, it may be possible for you to submit an application that is supported by your employer through the permanent LMIA process. This option will obviously only arrive in the new year when the new express entry category is introduced.

But it bears the prospect of obtaining permanent residence in less than six months. And if you are able to enter into that category, it’s possible that even though your permit may expire and you may have to depart Canada, we don’t know all the rules, but it may be possible to have that application continue forward notwithstanding the fact you are not currently in the country. So it keeps a foot in the door to allow you to return once that permanent residence application has run its course. However, we are still waiting to find further information, but that’s my option two, and these are in order of preference.

The third option is starting to think a little bit outside the box. So if you come from a country possibly where Canada has other international agreements, you may want to consider switching from a labor market impact assessment based work permit to an LMIA exempt work permit, such as NAFTA OR GATT. There are other categories under this significant benefit provisions, or even a spousal work permit. So if you are in Canada and you are here with your foreign national spouse, it’s possible that your spouse may better qualify for another permit if you have not yet obtained one. And if your spouse works in an occupation that’s considered to be skilled, then you can obtain an open work permit to continue working in your current position. So that’s another option to remain in Canada.

In addition to that, the fourth option that I will explain to you is if your spouse chooses to go to school and obtain a post secondary educational program, a diploma, a degree granting institution, but one that is designated by the government as an accredited and accepted institution for the purposes of Citizenship and Immigration Canada, as long it’s not an ESL course, your spouse could potentially go to school or yourself even, and transition from a foreign worker to a foreign student. Now obviously most people that are here in Canada now, and if you are working in a more entry level position, then you’re probably not going to have a lot resources saved up to be able to afford the added tuition. However, this is an option if there’s a way that you can do it.

Now if your spouse goes to school, you are able to obtain an open work permit by you accompanying your spouse. However, if you yourself decide to go school, you can work off campus up to 20 hours during the regular school term, and full time during the regular breaks. So that’s another alternative that’s kind of outside the box when we are thinking about possibilities. If you are able to go school and go through that process, then many more options open up for you afterwards including after your graduation you can obtain a post grad work permit to allow you to then work for a company in a skilled position. And ultimately apply for permanent residence through one of the available permanent residence programs. If these options all fail, really it’s going to be tough for you to remain in Canada.

However, there is an application called an H and C application, or humanitarian and compassionate application, that may be available for some individuals. Now you have to show that you are pretty well established in Canada, that all of your ties and all of your life, maybe you’ve even had a few children born here in Canada that are Canadian citizens. All of those go to show that you have some form of establishment in Canada. And although that — those factors are not the only factors they look at, they are important. Further you would also want to show the hardship that you would go through if you had to return home and apply for permanent residence. So an H and C application is kind of like the last stage effort to obtain permanent residence in Canada.

One of the drawbacks is that even though you filed an H and C application it is entirely possible that if your work permit expires you will have to go home anyways. So sometimes we’ll even consider using a spouse as the H and C applicant, either or it doesn’t really matter, but the reality is you are just trying to show that there are some justifiable reasons why it would be unfair for you to have to go home. Or you do not qualify for any available permanent residence program, so the H and C is a way to allow you to show your humanitarian — well, basically the fact that you require humanitarian and a compassionate consideration to remain in Canada. So those are the top five that come to mind generally speaking and obviously each individual is different.

If you have any specific questions that have not been answered in this particular podcast, please go to my website www.ht-llp.com and just click on that link that indicates ‘Ask an immigration question,’ and we’ll be happy to answer it. Also if you would like to book a consult for us to examine your particular circumstances in more detail please do so as well and follow the links on our website. This concludes our podcast episode number two, and we look forward to receiving your questions and discussing more important topics as they relate to Canadian immigration law, policy, and practice. This is Mark Holthe, Canadian immigration lawyer, and we look forward to hearing from you soon.
[/spoiler]

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This episode discussed the recent changes to the Canadian Temporary Foreign Worker Program on June 20, 2014.

[Tweet “Top 10 things employers should be aware of regarding the recent changes to the Temporary Foreign Worker Program announced on June 20, 2014.”]

Listen to Mark Holthe’s Answer

Top 10 things employers should be aware of regarding the recent changes to the Temporary Foreign Worker Program announced on June 20, 2014.

1. Employment skill level determined by wage versus NOC classification.
2. Cap imposed limiting the proportion of low-wage TFWs at worksites.
3. Refusing applications in areas of high unemployment.
4. Reduced duration and time caps on LMIA based work permits.
5. Cancellation of Provincial LMIA exemption agreements.
6. Transition plans for high-wage positions.
7. Expedited processing of LMIAs for highest demand, highest-paid and shortest-duration occupations.
8. New job match service for employers and Canadian employees.
9. Stronger enforcement will lead to severe penalties for non-compliant employers.
10. Increased fees to support employer compliance and enforcement measures.

Learn more about our Canadian legal services and unique fee structure.

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian Immigration podcast number one. My name is Mark Holthe, I’m a Canadian immigration lawyer practicing in the province of Alberta, Canada. In this first episode we are going to discuss some of the recent changes announced by the Canadian government with respect to the foreign worker program. On June the 20th the government released some fairly sweeping changes to the Canadian temporary foreign worker program, which we knew were coming, but really will have a significant impact on how Canadian employers source foreign workers, and also the feasibility of continuing to do so in the future. I intend to provide in this episode what I describe as the top ten things employers should be aware of as they continue accessing the foreign worker program in the future.

One of the first things that they did was dividing up all the labor market opinion process, and all of the other LMO exempt work permit categories into two divisions. The current LMO program has been changed to now be called the labor market impact assessment process, which much to our satisfaction they didn’t throw the baby out with the bath water. And so the new LMIA process is pretty closely resembled to the old LMO regime. However, the LMIA process will be governed by importance of social development Canada whereas all LMIA exempt — LMIA exempt work permits would be led primarily by Citizenship and Immigration Canada.

So in addition to this paradigm shift, we are now looking at a number of other significant changes coming. In the past they have always used the national occupational classification system as the basis for determining whether a position is to be considered skilled in Canada, which carries with it a number of different permanent residence options that are available, or low skill which also has certain benefits and hindrances attached to it as well. Now they have decided to move away from the NOC classification system and go primarily with a wage determination. In the province of Alberta the wage that they have looked at which is the median wage for all positions across the province falls in a $24 and 23 cents per hour.

So essentially if your position is at that rate, or higher then it would be considered a high wage or high skilled position in Canada, or at least in province of Alberta. If it falls below that then it’s considered to be low wage. Now there’s a lot of details we have to flush out in terms of how this impacts the eligibility for someone to apply for permanent residence. And if one’s was a position that fell under low skill, but now because of the high wage, bumps into that new category, whether that person is also now able to apply to CIC for a skilled work permit. These answers will be coming in future podcasts, but at this stage we are uncertain.

So the first thing as I discussed there is that the employment skill level will be determined by wage versus the NOC classification. The second thing is that a new cap has been imposed limiting the proportion of low wage temporary foreign workers at work sites in Canada. Previously there was no cap as long as employer could show that they could not find Canadians to fill the position. They could then recruit a foreign national to fill these positions, and the food service industry relied heavily on this, as well as the long haul truck driving industry and others to source foreign workers to fill skill gap — skill shortages especially in the province of Alberta.

Well, now this is changing as a result of some of the negative media attention the foreign worker program has received over the last number of months. Now the goal for all companies is to reduce their reliance on foreign workers down to no greater than a 10% proportion of their entire workforce. Now they’ve allowed companies to slowly transition away from their reliance on foreign workers, but with some heavy — some long haul truck driving companies where the proportion of foreign workers can exceed 70%, this is going to be very painful for them.

Well, as I indicated they have allowed for a transition period, so employers will be expected to transition to 20% by July the 1st 2015, and down to 10% by July the 1st 2016. No new LMOs will be issued to employers that exceed these caps. However, any temporary foreign workers that are currently employed with these companies will be able to continue working out the remainder of their time on their work permits. Now obviously this puts employers in a real difficult position, because they will have to now select who they will keep and who they will let go.

The third thing that employers need to be aware of is that any province or area where there’s a 6% or a higher unemployment rate, certain occupations including the accommodation, food service and retail trade sectors, within these regions of high unemployment, will simply not be able to apply for LMIAs to secure work permits for food counter attendance, light duty cleaners, construction laborers etcetera. So you can’t even apply if there’s over 6% unemployment rate in your region. Fourth item that is important to note, is that there has been a reduction in the duration and time caps on LMIA based work permits.

So in the past companies were able to obtain two year permits supported by the old LMO system. Now that duration is going to be reduced to one year. Now we don’t know exactly how all of these caps and reductions are going to impact on the old four year cap for low skilled workers, and skill level B workers to remain in Canada continuously. The old rules indicated that once that four year cap was reached which is coming up in April 2015, foreign workers will need to go home. They will not be able to extend their labor market opinions unless they have some other pathway to permanent residence. Well, the problem we face now is that we don’t know how this new regime is going to impact on those old provisions.

We have to assume that the old provisions will apply, because everything they are doing here is designed to restrict Canadian employers’ reliance on foreign workers, and to focus on the overriding desire of our government to ensure Canadians have the first opportunities for positions. The fifth item to be aware of is that they are looking at cancelling all of the provincial LMIA exemption agreements. So provinces like Alberta, BC, Ontario, Nova Scotia, and Yukon currently hold agreements with the government that create exemptions to the LMIA process for certain occupations. So in Alberta the pilot for certain trade level occupations whether it has to do with mechanics, estimators, etcetera, they are now looking at possibly cancelling these agreements.

Now they haven’t happened yet and we don’t know what the full scope of it is, but we can look definitely into the future to see that the government is going to be making it more and more difficult for companies in these locations to do a whole lot more than they currently are to show there’s no Canadians to fill these positions. It’s clear that they have no intention of signing off on any new pilots that give employers the ability to hire temporary foreign workers without hiring Canadians first.

The sixth item is a heavy-heavy emphasis on transition plans for high wage positions. Now this is something that they’ve discussed in the past, but they are very serious about it now. In fact we now have a schedule C that is approximately 10 page document that companies have to fill out to show how they are going to transition away from reliance on a foreign worker– a heavy foreign worker compliment within their workforce, and transition to Canadians. So they need to show that they have demonstrated efforts to train Canadians, and that they are participating more actively in apprenticeship programs. Also that they are assisting temporary foreign workers into transitioning into permanent residence status versus allowing them to remain on foreign workers– on work permits at this time. So you can see these are just some of the changes that are happening.

Now as we look closely at what the government is doing here, they are clearly making it as painful and as difficult as it can be for employers to secure work permits for foreign nationals. Why are they doing this? Well, as we know in January of 2015, they are going to be unveiling the new express entry category for permanent residence, which is designed to fast track individuals, foreign nationals into permanent residence status in Canada, where they are filling areas of critical skill shortage in our country. So in essence they are trying to push employers away from the foreign worker program, so that they rely more heavily on permanent residence.

And obviously if a foreign national comes in directly as a permanent resident, they do not have to worry any more about maintaining compliance and enforcement of the foreign worker program. So they are really pushing employers in my mind to reconsidering their reliance on foreign workers, and instead looking at recruiting directly permanent residence or soon to be permanent residents from abroad.

The seventh item on our list here is the expedited processing of LMIAs for certain categories. So this is a bone that they’ve thrown back to employers to allow those employing workers in the highest demand positions, highest paid, and those of the shortest duration, they can get LMIAs faster. In fact they’ve indicated that they will be accessed within ten days.

Now if we look a little bit closer what do they mean by highest demand, highest paid and shortest duration. If we take a look at our — at the highest demand, this is occupations where there’s a real shortage and companies within particular industries really need these positions. Right now these categories for highest demand are restricted to skilled trades. And they indicate that they will likely, or I should say they may expand this into the future. As an example of some of the highest paid positions, physicians are listed however on the ESTC website for foreign workers. There was a comprehensive list of wages per region, and so in Alberta generally the high wage is $100,000 annually a year.

And any employee paid above that would fall — at this stage he would appear into the highest paid category and eligible for ten day processing of the LMIA. Shortest duration work permits typically fall — well, typically include individuals coming in to perform repairs, to manufacture equipment, or conduct warranty work or things of that nature, where there’s a truly specialized service being provided, and the duration of entry into Canada is no greater than four months. Also we have heard that for every four month period an individual comes into Canada, they then have to be outside of the country for a year before they can come in again under this exemption. Presumably if the company was relying upon this and needed to bring the worker back sooner, they would need to apply for a full LMIA.

The eighth item on the list is one of my favorite, a new job mark service for employers and Canadian employees. Now this is not quite out yet, we are just waiting on further instructions from the government. However, I would classify this or compare it to Lavalife or eHarmony for employers and employees. The idea behind it is that employers will be able to search through resumes, and vice versa employees can look for jobs within the job bank on this job matching service to better connect Canadian employers who are trying to find Canadians with the skill set and experience that they need.

Now I have my own feelings on whether this will really help to allocate Canadians to job openings given the fact shortages are what they are. However this is government’s attempt to try and make it easier for employees and employers to meet. So it is a valuable resource for unemployed Canadians searching for employment, and those who are under employed for seeking better opportunities. However, it may also put pressure on EI recipients who are struggling to find employment in their field. So a job bank full of positions matching an EI recipient’s qualifications would service pretty good evidence to support an EI officer’s assertion that maybe that recipient wasn’t doing enough to find a new position within their field.

And I wouldn’t be surprised if we see EI benefits being tied to individuals maintaining an active resume on this job market site. However that’s purely speculation on my part, but it is an interesting thought to think about. Now we are getting into, with number nine some pretty important things for employers to be aware of. In addition to all the previous ones, this is one you had better listen to. Stronger enforcement measures are now being implemented which include severe penalties for non compliant employers. Effective immediately the government has said that they will inspect one on every four employers accessing the program each year.

Now this is a significant increase in inspections, and obviously they are going to have to rely on not only random audits, but they will be utilizing the tips that come from the public, and also targeting employers who have previous violations with provincial labor laws and other employment standards legislation. So they’ll use these things or these trigger points to then reach out to employers to see if they are compliant. By the fall of 2014 ESTC has also indicated that they will be able to force banks and payroll companies to release information such as bank records and pay roll documents to help their inspectors verify employer compliance. This is the new world that we are looking at.

And in addition when an employer is faced with a site visit from one of these inspectors, they will not be looking at just whether their proper wages have been paid, that the person is working in the proper occupation, that the working conditions overtime etcetera are all being met. But all 21 program requirements will be looked at including provincial labor and recruitment laws, whether the LMIA commitments with respect to job creation or retention of the hiring of Canadians, whether all of those have actually been met. Or the company is at least well under the way in satisfying these requirements. So employers beware a special tip line is being set up and more is actually on April of 2014, and you can go to the ESTC site to see this specific page.

And it’s designed to allow for easy and secure reporting of abuse by those who happen to see it. So no longer is it difficult for people to run out fellow employees, or to if they are disgruntled employee, a Canadian has been fired, a company better make sure that they have all of their records well at hand, and well organized and able to be producible, and that they are fully compliant. Now the ramifications of non compliance are significant, if an employer breaks, or is suspected of breaking the rules of the temporary foreign worker program, the ESTC in the case of a suspected breach can suspend the employer immediately from accessing the program including any LMIAs that are being – they are in the process of being adjudicated or issued.

They can even revoke an employer’s LMIA that has been issued already, and institute fines of up to $100,000 and if an LMIA is suspended or revoked, even if it is suspended for a suspected breach, the name of that company would be placed on the public black list. So this is once again a situation where we can see the government is really cracking down on what they believe to be employers who are abusing the system. And in essence what they’ve created here is a process of guilty until proven innocent, especially when there’s just an allegation that results in the name of an employer being placed up on up on the naughty list. Now employer suspected o criminal activity under the act which is different than the ESTC non compliance with the LMIA.

Any employer suspected of criminal activity which is described as illegally employing foreign workers, misrepresentation or even cancelling misrepresentation, can face fines of up to $100,000 as well as up to five years imprisonment. And the government just to further assert their resolve provided examples of an immigration consultant in Winnipeg who is fairly recently sentenced to four years six months in prison, and ordered to pay in restitution over $380,000. So this is the world we are in and employers can no longer carry on without adequate records and 100% compliances as they did in the past. Now the last kick in the teeth if you will is an increase in fees once again for each LMIA applied for.

The fee is jumping from $275 to a full $1,000 per person regardless of whether they are considered to be low wage or high wage. So it is critical that employers get these applications right the first time, otherwise they are going to pay out significant dollars as they apply for LMIAs and get them refused. Now why are they increasing the fees? Well, if they are going to investigate one on every four employers in each year, they need to increase significantly the amount of enforcement officers, and the entire compliance regime needs significant resources. So that’s– this is where the money is coming from.

They believe that it should not be on the backs of the regular tax payer, and that the cost of running the temporary foreign worker program including all of the compliance and enforcement mechanisms associated with it, is to be born entirely by the employers accessing the program. So they are also looking at a proposal to add an additional fee of $100 to offset the cost of skills and job training in Canada, which I find quite ironic given the fact that our dear government itself is very good at off shoring work at our visa offices abroad. They have a whole network of visa application centers all over the world, that are all designed to save the government money by outsourcing.

But yet they are doing all they can to label Canadian employers the bad guys, and at the same time institute all of these penalties and infractions against them, if they do not put Canadians first, when ironically Citizenship and Immigration Canada is actively hiring Foreign Service personnel to work in the visa offices that are not Canadian citizens, but are domestic workers in those countries in which the embassies are located. So that’s one conundrum that I find really interesting.

Now within the new International Mobility Program and this is the program that oversees all LMIA exempt work permits, we are looking at seeing additional compliance fees of $230 added to every $150 work permit fee. So it’s not yet instituted, but it is coming, and also that’s for all employer based work permits like labor market opinions and also NAFTA based professional work permits, and those employer based work permits that are exempt from the LMIA. They will all see this additional fee of $230 added on to the $155 for the work permit.

In addition to employer based wok permits, foreign nationals who are coming into Canada on open permits such as the working holiday program are going to face an additional $100 privilege fee that will be used to increase awareness of opportunities for Canadians abroad, and so currently many more foreign youth are utilizing the exchange programs to come to Canada versus Canadians going abroad to study. So they intend to use this $100 to increase awareness of these opportunities for our Canadian youth to go study and work abroad, I should say go and work abroad and get experience with different cultures.

So this is the world that we are in right now, and these are my top ten things that employers should be aware of. Obviously we could have spent hours going through all of these various changes in detail, and there are really more questions that have come up than answers. This is the initial beginning of a new world of utilizing foreign workers in Canada. And so it’s important that employers immediately take action to assess where they are at with the respect to their own compliance. To do immigration audits of their current documentation, and to make sure that they have records that are complete so that when service Canada calls, which is service Canada is the delivery arm of ESTC.

When those compliance officers call, or they drop in for a site visit, or trigger an employer compliance review, that the documentation will be readily available and that the employer will have no problems with demonstrating compliance. This is the conclusion of our first podcast; I hope that the information provided has been informative.

Any specific questions with respect to the individual circumstances of employers can be directed through our office via traditional consultation as this overview has been limited specifically to general immigration information, and it’s not to be considered legal advice when it comes to managing the individual foreign worker programs within each employer’s businesses. This is Mark Holthe, the Canadian immigration lawyer working out of Alberta, and we will talk to you again soon in approximately one week’s time.
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