Why is it so dang hard to challenge an officer’s decision when a Canadian visa application is rejected? This is the question I get more often than any other question from listeners. In this episode of the Canadian Immigration Podcast, I invited Canadian immigration lawyer Steven Meurrens to join me to try to unravel this complex question.  As most immigration lawyers understand, much of the answer rests in the concept of “Standard of Review“, or in other words, the standard to which an immigration officer’s decision is to be held. If you have just experienced a rejection on a Canadian visa application, this Episode is a must.

In my interview with Steven, we examine a very interesting court case, MPSEP v. Tran  2015 FCA 237, that has quietly worked its way to the Supreme Court of Canada.  Tran is going to have some pretty huge ramifications for this whole area of judicially reviewing an officer’s decision. Steven shares some great insight on this case and provides a little glimpse into what he thinks the SCC could possible do. Once the decision comes out later next year, we will have to have him come back on the Podcast to see how close he really was.

Steven Meurrens is a Canadian immigration lawyer and a partner with the law firm of Larlee Rosenberg in Vancouver, British Columbia.  The firm focuses on all areas of Canadian immigration law.

Steven has significant experience representing corporate and individual clients in obtaining visas and permits for many business-related purposes.

In addition to his business immigration practice, Steven has extensive experience in family-based immigration matters and a very active practice assisting people who have been denied entry to Canada and to those who have had their visa applications refused. He has appeared before the Immigration and Refugee Board and the Federal Court of Canada.

Steven is the Chair of the Canadian Bar Association’s Immigration Subsection in British Columbia. He is a published columnist, a regular panelist at immigration law conferences, and is the author of a very widely read blog on Canadian immigration law called Meurrens on Immigration. If you haven’t had a chance to read Steven’s blog, you had better go check it out. The content on this blog is exceptional. You will also need to check out his Immigration Podcast called Borderlines that he hosts with Peter Edelmann.

During my interview with Steven, we discussed the following areas:

• How he got into immigration.
• Steven’s blog called Meurrens on Immigration
• An introduction to Steven’s Podcast: Borderlines with Peter Edelmann in BC
• Reasons why it is so hard to challenge an officer’s decision
• Standard of Review
• Important Case Discussion: MPSEP v. Tran (2015 FCA 237)
• One of Steven’s Successful cases at the Federal Court: Gupta v. Canada (2015 FC 1086)

[Tweet “Visa rejected? How to challenge an officer’s decision?“]

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.

3:55 – Who is Steven Meurrens?

7:40 – Where does Steven Meurrens blog?

10:00 – How did he get into Immigration Law?

12:42 – Steven’s Blog: Meurrens On Immigration

21:22 –  Why is Officer discretion so important to the Standard of Review?

22:14 – Who are considered part of administrative tribunals responsible for enforcing or administering the Immigration and Refugee Protection Act and its Regulations?

25:10 – Reasonableness – why is this the standard of review for most immigration decisions in the Federal Court?

35:45 – What is the concept of standard of review?

38:00 – What does it mean for something to be procedurally fair?

41:38 – Discussion on the Federal Court of Appeal decision in Tran.

49:39 – Discussion on the case of Gupta v. Canada (2015 FC 1086)

59:45 – How to reach Steven Meurrens.

Additional Resources:

• Steven Meurrens Law Office: http://www.larlee.com/
• Steven’s LinkedIn Profile:  https://ca.linkedin.com/in/steven-meurrens-4a666a17 
• Steven’s Blog – “Meurrens on Immigration”: http://meurrensonimmigration.com/
• One of Steven’s Successful cases at the Federal Court: Gupta v. Canada (2015 FC 1086): http://bit.ly/2authy4

Listen to Mark Holthe’s Canadian Immigration Podcast

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

CIP S1 E28 | Steven Meurrens | Show Notes

Introduction:

Welcome to Steven Meurrens.

Well respected immigration lawyer practicing with the law firm of Larlee Rosenberg in Vancouver, British Columbia.

The firm focuses on all areas of Canadian immigration law. Advising local and multinational corporations on the movement of key employees, and individuals and families who dream of building a future in Canada.

Steven is a Partner in the firm with significant experience representing corporate and individual clients in obtaining visas and permits for many business-related purposes.

In addition to his business immigration practice, Steven has extensive experience in family-based immigration matters AND a very active practice assisting people who have been denied entry to Canada and to those whom have had visa applications refused. He has appeared before the Immigration and Refugee Board and the Federal Court.

Steven is the Chair of the Canadian Bar Association of British Columbia’s Immigration Subsection. He is a published columnist, a regular panelist at immigration law conferences, and is the author of a very widely read blog on Canadian immigration law called Meurrens on Immigration which we will talk about in a little bit.

QUESTION: How did you get into immigration?

QUESTION: Can you tell us a little about your Blog?

I am also delighted to hear that you are also wading into the wonderful world of Podcasting.

QUESTION: Can you tell us a little bit about your Podcast?

Focus on the legal side of immigration and delve into the wonderful world of administrative law in the context of Canadian immigration applications.

If you recall, one of Steven’s specific focuses within his practice is assisting people who have been denied entry to Canada or to those who have had visa applications refused.

Challenging an officer’s decision is not always an easy thing. Sometimes, there are clear pathways with fairly well defined appeal mechanisms. However, in many cases, the only recourse is to seek redress through Federal Court.

When challenging an officer’s decision in Federal Court, administrative law principals are triggered. Today I have invited Steven to join me to help clear up, if possible this very confusion area of immigration law……..in essence this is really the core of what immigration “law” is all about.

Why is it so dang hard to challenge an officers decision?

1) The discretion that visa officers have when assessing applications, including:

• Immigration law is a subset of administrative law;
• Visa officers, port of entry officers, and even summer students are administrative tribunals;
• They have a wide range of discretion; and
• There is often not a right answer to a case. Rather, there is a range of possible answers.

2) Fettering discretion.

• That officers cannot fetter their discretion by relying on manuals as if they are law.
• The tension that this produces between courts who view visa officers essentially the same as they view the Immigration and Refugee Board vs. program officers who view themselves as implementing and administering departmental programs.

3) Standard of Review

• Questions of fact.
• Questions of law.
• My Gupta as an example.
• The Koo example of where there can be problems if officers have discretion in the interpretation of law.

4) Tran

• The FCA decision in Tran.
• A review of the problems with the Tran decision as identified by Paul Daly http://www.administrativelawmatters.com/blog/2015/11/13/a-snapshot-of-whats-wrong-with-canadian-administrative-law-mpsep-v-tran-2015-fca-237/
• Plug that Steven will be back on when Tran is released.

QUESTION: How can people reach you?

Thanks for being on the Podcast Steven.

Helpful Links:

• How you can reach Steven Meurrens: meurrens@larlee.com
• Larlee Rosenberg: http://www.larlee.com/
• Steven’s Blog – “Meurrens on Immigration”: http://meurrensonimmigration.com/
• Important Case Discussed in this Episode: MPSEP v. Tran (2015 FCA 237): http://bit.ly/2ajifyo
• One of Steven’s Successful cases at the Federal Court: Gupta v. Canada (2015 FC 1086): http://bit.ly/2authy4

[/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

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

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.

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, 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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Read the Transcript

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 international student seeking to study in Canada you will not want to miss this episode of the Canadian Immigration Podcast. Although getting accepted to a Canadian educational institution is no easy feat, it pales in comparison to the much more challenging process of securing your Canadian study permit. If you are in the process of filing your study permit application or have recently experienced a refusal and don’t know where to turn……you have got to listen to what x-immigration officer Dani Willets has to say about improving your chances of success. Although focused on Canadian study permits, this Episode can benefit anyone filing visitor visa or work permit applications just the same.

In this episode of the Canadian Immigration Podcast Accredited Immigration Consultant, Dani Willets, joins us to offer a unique perspective on Study Permits.  Dani was with the Department of Citizenship and Immigration for 25 years. She was originally hired as an Immigration Officer, but in the 10 years prior to retiring from the department was primarily an immigration supervisor. She has extensive experience in every inland immigration program and several overseas programs.

I was completely blown away by the knowledge and perspective Dani reveals regarding Study Permits. In this Episode she shared with us some tremendously useful information on assessing the bona fides of an application from an immigration officer’s perspective. She clarifies some common red flag areas that you need to avoid at all costs and examines the impact that fraud and other forms of misrepresentation has had on the adjudication process.  Although I say this in pretty much every Episode, the insight Dani shares  is truly “advanced and unique”. You truly can’t find this in any immigration law textbook or government website.

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

• Common problem areas with study permit applications
• How to demonstrate proof of financial support
• How an officer goes about assessing the bona fides of any temporary resident application (including visitor visas and work permits)
• Common red flag areas that officer’s see all the time

[Tweet “An insiders look at Study Permits with Dani Willets“]

Time Stamped Quick Reference Guide

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 topics covered in this episode.

2:59  – Who is Dani Willets?

11:29 – Study Permit Statistics

15:40 – Common Problem Areas

20:21 – Proof of Financial Support

22:52 – Assessing Bona Fides

23:31 – Red Flags and Refusals

31:30 – Why questions are asked?

32:45 – Reasons why having a professional helps

39:45 — Credibility and Fraud

45:30 – How to locate Dani Willets –tdwimmigration@gmail.com

Additional Resources:

• The best way to reach Dani Willets: tdwimmigration@gmail.com

Listen to Mark Holthe’s Canadian Immigration Podcast

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Read the Transcript

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

CIP S1 E21: Podcast Show Notes – Dani Willets- Study Permits

Dani was with the Department of Citizenship and Immigration for 25 years. She was originally hired as an Immigration Officer, but in the 10 years prior to retiring from the department was primarily an immigration supervisor. She has extensive experience in every inland immigration program and several overseas programs.

In this episode of the Canadian immigration podcast we discussed Study Permits and some common areas of problem. If you are an individual or representative the unique perspective that Dani offers is extremely useful. Some of the specific areas covered include:

• Common Problem Areas
• Proof of Financial Support
• Assessing Bona Fides
• Red Flag Areas
• Interviews

[/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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Read the Transcript

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

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!

If you are a Canadian citizen or permanent resident of Canada planning on sponsoring your “true love” from abroad listen to this Podcast BEFORE getting hitched! You won’t find this kind of insight anywhere! In this Podcast I had the pleasure of interviewing an amazing immigration lawyer and overall excellent guy, Ravi Jain of Green and Spiegel LLP in Toronto, Ontario. Ravi took some time with me to share some amazing insights into the pitfalls that exist within the Canadian spousal sponsorship application process.

IRCC makes the spousal sponsorship process seem so simple that you do not need to hire an immigration representative. Well Ravi and I pull back the curtain on spousals and give you an inside look into the most common things that people do to unwittingly set themselves up for rejection within the spousal sponsorship process.

If you don’t mind being separated from your spouse for 3 years or more, please go ahead and file your application without listening to what Ravi has to say. If you are one of those people that would like to be reunited with your spouse the first time you apply…then tune in and be amazed.

Well done Ravi….

The most important topics covered in my interview with Ravi Jain:

1. Strategies for inland v. outland filing
2. Bad faith marriages (the two tests)
3. Spousal open work permits
4. Appeal process
5. Processing times
6. Levels planning

[Tweet “Canadian Spousal Sponsorship – listen in and get it right the first time“]

Additional Resources:

• The best way to reach Ravi Jain: ravij@gands.com
• Green and Spiegel LLP: http://www.gands.com
• Spousal Sponsorship (outside Canada): http://www.cic.gc.ca/english/information/applications/fc.asp 
• Spousal Sponsorship (inside Canada): http://www.cic.gc.ca/english/information/applications/spouse.asp
• Ravi Jain’s Double: http://www.theatrewhynot.org/about/ravi-jain/

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]

CIP S1 E17: Interview with Ravi Jain – Show Notes

Pleasure of having Ravi Jain – join me on the Podcast today.

Welcome Ravi

Introduction:

• Ravi is an immigration lawyer practicing in Toronto, Canada with the law firm of Green and Spiegel LLP (Partner)

• He is among the small percentage of immigration lawyers who are certified by the Law Society of Upper Canada as Specialists in Citizenship and Immigration Law.

• He has addressed the Canadian Senate as an expert witness on immigration law and appeared before the Senate Standing Committee on Human Rights.

• On November 27, 2012 Ravi was presented the Queen Elizabeth II Diamond Jubilee Medal by Command of Her Majesty The Queen in commemoration of the sixtieth anniversary of Her Majesty’s Accession to the Throne and in recognition of Ravi’s significant contributions to Canada

• Ravi practices all aspects of Canadian Immigration law:

• PR – spousals sponsorships , H&Cs PNPs, Express Entry
• TR – WP, SP, TRVs, PRRAs, TRPs
• Extensive litigation practice:
  • Immigration appeal work covers all three divisions of the IRB and Federal Court work
  • Successfully argued many cases, including:
    • Spousal Sponsorship – which is the topic we are going to delve into today.
  • In addition to the traditional law work he does, he:
    • Has been a guest lecturer at Seneca College and
    • Has lectured on US consular processing for the new York Chapter of AILA.
    • Speaks regularly at our national Conference including the past conference in 2016 in Vancouver where he was on the Advanced Family Class Panel which covered Spousal Sponsorships

Tell us how you got into immigration?

Let’s jump to our topic today, which is Spousal Sponsorship.

Someone sponsoring their true love from abroad.

IRCC wants it to appear so simple that anyone could do it. However, when things go wrong within the application process they go really wrong.

And when things go really wrong, the best place to have addressed those wrongs is at the very beginning of the application process before you even file.

But people don’t realize all of the pit falls and it is for that reason that I wanted to Bring Ravi on to share some insight with our listeners to hopefully enlighten them a little more so that they can better prepare themselves to filing one of the most important immigration applications someone could file to IRCC

1. Strategies for inland v. outland filing
2. Bad faith marriages (the two tests)
3. Spousal open work permits
4. Appeal process
5. Processing times
6. Levels planning

[/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 episode of the Canadian Immigration Podcast, I share with you where the CIP is headed into the future. I honestly believe this Episode is going to be the one that I look back on and recognize as the Episode that changed it all. Look out – Immigration, Refugees and Citizenship Canada, the CIP is going to pull back the curtain!

After attending the CBA’s National Immigration Conference in Vancouver last month, I had an epiphany. No longer am I going to hoard this Podcast all to myself.

Listen in to this Podcast if you want to know what I have in store for the Canadian Immigration landscape! I am unbelievably excited and I know that the future of Canadian Immigration will never be the same again.

Oh, and by the way…..here is a sneak peak into the amazing guests that are joining me in the coming weeks and months:

1. Ravi Jain, Green and Spiegel LLP: http://www.gands.com/canadian-immigration-lawyers/ravi-jain/
2. Rekha McNutt, Caron and Partners: http://www.caronpartners.com/rekha-p-mcnutt/
3. Marina Sedai, Sedai Law Office: https://immigrationcitizenshiplaw.com/our-team/marina-sedai/
4. Jeffrey Lowe, Lowe and Company: http://www.canadavisalaw.com/about-us/
5. Les Morley, Morley Law Office: http://www.lesmorley.com/leslie-h-morley-bio.html

[Tweet “Canadian Immigration World – Look out!“]

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics 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

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

Welcome to Season 1, Episode 5 of the Canadian Immigration Podcast. In this episode I will be discussing my Top 5 reasons you are deemed ineligible when using the “Come to Canada” assessment tool for Express Entry.  


This podcast is dedicated to all of you who have tried to complete the CIC “Come to Canada” tool that is a prerequisite to applying for Express Entry in Canada, but have been found ineligible. Sometimes, your background is not quite what it needs to be in order to qualify. However, in other circumstances, your ineligibility arises because of an error on your part in how you answered the questions within the Come to Canada tool.

In no specific order, these are the mistakes I see most often in my practice:

1. Your language test is invalid.
2. You don’t have enough skilled work experience.
3. You don’t have sufficient funds.
4. You do not meet the minimum qualifications under one of the 3 Economic Programs.
5. You have problems with your personal reference code (this is really post eligibility; however, you can consider it a bonus tip).

[Tweet “Do you know why most people are found ineligible for Express Entry?“]

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

• The 5 most common reasons people are found ineligible for Express Entry.
• How to navigate CIC’s “Come to Canada” tool.
• Great links to essential CIC resources for determining your eligibility under Express Entry.
• Helpful tips on navigating the complex Express Entry process.
• What to do if you don’t have your settlement funds and need help from family.

Explore Additional Resources

In this episode we mentioned the following resources:

• EE Come to Canada Wizard: http://www.cic.gc.ca/ctc-vac/ee-start.asp
• EE – CRS  Tool:  http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
• FSWP Eligibility: http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
• Express Entry – Completeness Check Policy: http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp
• CIC LICO Chart: http://www.cic.gc.ca/english/immigrate/skilled/funds.asp

Speaking Engagements

I will be speaking at the follow upcoming event. 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 5.

Express Entry – Top 5 Reasons you are deemed ineligible by the “Come to Canada” assessment tool

1. Don’t have a valid language test
   • test is more than 2 years old
   • test score is too low
     • CLB 5 for CEC NOC B
     • CLB 7 for FSWP

TIP: remember you enter your actual scores from your test, NOT the CLB conversion totals.

TIP: it asks for your Skilled Work Experience IN CANADA – you need to understand which skill level applies to you.

2. You don’t have enough skilled work experience
   1. Skilled – B,A, or 0
   2. 1 year, continuous, paid, F/T or equal amount in part time – in only one occupation
3. You don’t have enough funds
   1. If no job offer, must meet LICO [ will provide LICO Tables
   2. Depends on size of family – larger fam = more settlement funds
4. Don’t meet minimum qualifications under one of the Economic Programs:
   1. CEC = need minimum 1 year skilled work experience in Canada + English CLB 5 for NOC B and CLB 7 for NOC A and 0
   2. FSWP = 67 points
      • English and/or French Skills (28)
      • Education (25)
      • Work Experience (15)
      • Age (12)
      • Arranged employment in Canada (10)
      • Adaptability (10)
   3. FST =
      1. Language (speak/listen = CLB 5) (read/write = CLB 4)
      2. Skilled Trade Experience 2 years within 5 years previous
      3. Have F/T Offer of Employment for 1 year OR certificate of qualification from a Province or Territory.

5. Problems with your Personal Reference Code:
   1. Entered the wrong personal reference code:IN0157416692 when started EE profile
   2. Waiting too long to start EE profile and personal reference code has expired – valid for only 2 months
      1. If need to redo profile, this comes up frequently

Listener Questions
Proof of Funds:

I have been granted an ITA through Express Entry and the portal is asking me to provide proof of funds. I know I don’t have enough to cover myself, my wife, and my 2 children. Can I borrow money from my father to provide the “show money”?

Answer: If you are receiving money, it must be an irrevocable gift and not a loan. If you have a large deposit within the previous 6 months, you simply need to explain where the money came from, this will be critical. Maybe you sold a house or other possessions to obtain the settlement funds.

Key Suggestion: try to save money in advance and have it in your account over a period of 6 months. If money is obtained from family, it has to be an irrevocable gift to you. May sure that you provide an affidavit or other document confirming that your family provided you with the money and does not expect it to be paid back.

This should include details related to the transaction such as:

• Date and amount of the transfer of funds
• Account numbers and who owns the accounts
• Even reference numbers for the wires or other transfers

Always include a letter explaining where the funds came from.

Don’t forget the bank letter confirming the following:

• Your name and date of the statement
• Account number
• Current balance
• Average balance in the past 6 months
• Date the account was opened

TIPS: you can show funds from multiple accounts  and use them collectively

TiP: if you have sufficient funds in one account, you don’t need to submit letters for all of your accounts.

Tip: You can NOT use property valuations as proof of funds. The property would need to be sold and the funds available in your account.

Tip: You can also NOT show borrowed funds, so loans are out.

[/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

[UPDATED July 23, 2019] When applying through the Express Entry system, it is absolutely essential that you get your NOC right. By following these few short tips, you can significantly increase your chances of ensuring your position is properly identified and you actually get the points you deserve for your skilled work experience.

What’s so important about the NOC?

Immigration, Refugees and Citizenship Canada (IRCC) uses the 2016 National Occupational Classification system to classify jobs in Canada. One of the most important ways of classification is Skill Level. If your foreign work experience in not considered to be “Skilled” (Skill Level B or higher) for the purposes of IRCC, then you will not receive any points for work experience under the Express Entry system.

Further, when it comes to language testing for candidates who have been given an Invitation to Apply (ITA) for permanent resident status through the Canadian Experience Class, the actual Skill Level will determine whether or not you must meet an English language benchmark of CLB 5 (for Skill Level B) or CLB 7 (for Skill Level A or 0). For those applying under the Federal Skilled Worker Program, the minimum CLB is 7 regardless of the Skill Level.

In addition to Skill Level, the NOC system  assigns a specific 4 digit code to every position recognized within the database. Getting this 4 digit code correct for your position can mean the difference between success and failure within the Express Entry system.

So how do you determine your NOC?

Let me show you how.

How to classify Canadian work experience (with an LMIA)

The starting point differs depending upon whether or not you are currently working in Canada under an LMIA confirmed work permit. If this is the case, you can start by checking out the NOC assigned to your LMIA confirmation.

In most cases, the NOC assigned to your LMIA should be consistent with the NOC 2016 database. However, if you were issued one of those magically 5 year LMIAs, then you might just want to check the NOC 2016 and ensure the four digit NOC listed on your LMIA confirmation matches with the NOC 2016 database.

Illegal Work

Provided you were not working illegally in another position or performing duties that were not originally approved under you original LMIA, you can safely use the NOC code listed (or its equivalent under the 2016 NOC) in completing your Express Entry application.

If you did work illegally, you have a whole host of other problems to deal with including potential misrepresentation if you try to fudge things on your application. If you find yourself in this situation, I recommend that you contact an immigration lawyer to see if there is anything that can be done to rectify the situation. However, in most cases, there is very little we can do as IRCC does not have too much sympathy for someone who has wilfully chosen to break the law.

I can’t help but hear in my mind the old song my grandfather used to play for me as a kid called “Happy Trails” by Roy Rodgers and Dale Evans.  This pretty much sums up the situation for illegal workers in Canada.

How to classify Foreign or Canadian experience (without an LMIA)

The starting point for foreign or Canadian work experience, that is not supported by an LMIA, is your “job title“. This is not always conclusive; however, this is where you need to start.

IRCC has a great little tool for helping you search for your position by title. All you need to do is type the title of your job into the search field entitled: “Filter items” and the list will be sorted to most closely match what your job title would be under the 2016 NOC. See the image below.

If you have work experience as a “Cook”, here are the typical search results.

You can see from the displayed list that the 4 digit NOC for Cooks is “6322” and the corresponding Skill Level is “B”. This tells us that work experience gained as a cook, does qualify under the Express Entry system. However, if you worked as a Food Counter Attendant, this experience will not qualify because it is classified as Skill Level “D”.

Now don’t think your assessment is done at this stage. This is just the starting point. The next step is to confirm that your actual job duties (the ones you actually performed on a daily basis) match with the job duties set out in the position profile of the NOC you have been assigned.

If you were able to locate your position on the IRCC list, then you can simply click on the hyperlink of that position and it will take you to the profile. Once you have opened up your position, skip to STEP 4 below for “Confirming that you selected the right NOC“.

If you were not able to locate your position by searching your title, you will need to go directly to the 2016 NOC database to manually search for your position.

You can search the 2016 NOC in the following ways:

STEP 1 –  Job Title – simply enter the title of your job in the box provided under the “Quick Search” field.” This is located in the blue highlighted area below.

A list of potential matches will be displayed. If this doesn’t work, then go to Step 2. If it does work, then skip to Step 4 below.

STEP 2 – Search the NOC…

Because you have already tried to search for your title directly and came up with nothing, I recommend that you enter any number of key words that closely resemble your title or the duties that you performed. You can do this in the “Quick Search” field.  Let’s say I am trying to find the NOC for a Crime Scene Investigator (CSI). I have tried to search for “Crime Scene Investigator” but the search results reveal nothing.

So the next thing to do is try to determine if your job is also known by another title. In my CSI example, I also know that CSIs are also “Forensic Scientists”. So try to search for similar titles for your position. If this fails, then try to enter job duties that you perform in your position. By searching various keywords associated with the duties you perform, this should create a more comprehensive list of jobs than would normally come up by searching your title alone. However, sometimes even this doesn’t seem to find the right position. If this is the case, you need to go to Step 3.

STEP 3 – Occupational Structure

In order to make this work, you have to be able to properly identify your industry from the list provided.

Once you have selected your industry, the next level will be the Major Group, followed by the Subgroup associated with your job. Find the group that most closely matches your job and from there it is relatively simple to find at least two or three positions that closely resemble your job.

In the image above, you can see that both Chefs and Cooks are listed within Subgroup “632 Chefs and cooks“. By clicking on the “6322 Cooks” link, you will be taken to the exact position profile for Cooks.

STEP 4 – Confirming that you selected the right NOC

This is probably the most important step of all.

Because of the standardized methodology used by the government when creating the National Occupational Classification System, it is entirely possible to select a position within the 2011 NOC that has the exact same title as your job, but in actuality is not a proper match.

Normally, I do not quote specific sections of the Immigration legislation in my blogs. However,  in this case, I am going to make an exception. It is critical that you understand the legal reasons why your work experience can be rejected by an immigration officer.

I have set out below, a portion of the Ministerial Instructions for the Express Entry Application Management System,  which describe who a Skilled Worker is for the purposes of the Express Entry System. The first section relates to Canadian work experience and the second relates to foreign work experience.

In order to be assigned points for your skilled work experience, you must be able to show that you have:

• performed the actions described in the lead statement for the occupation;
• a substantial number of the main duties, and
• including all essential duties, as set out in the National Occupational Classification.

Breaking down the NOC position profile into its “essential parts”

Each job profile within the NOC 2011 describes each of these factors. If you can demonstrate that your position encompasses each of these factors, then you know you have the right NOC. If however, you have not performed the activities in the lead statement or are missing a substantial number of the main duties, then you can safely assume that this NOC is not for you.

So let’s take a closer look at the position profile for a cook (6322) within the 2011 NOC. Based on IRCC’s requirements above, you must perform all of the actions described below:

There is nothing too complicated about this. The lead statement is quite general, so if you cook food for a living – pretty much anywhere – you are in….at least so far!

Now let’s take a look at the main duties. Remember, you have to be able to establish that you performed a “substantial number” of the main duties.

So what constitutes a “substantial number” of the main duties?

Well, it has always been my position that substantial means “most”. However, there are some exceptions. In fact, this is the exact reason I chose the position of cook as an example.

There are nine main duties listed. However, not all appear to be mandatory (Maybe mandatory is not quite the best term; however, it works well enough for the purposes of this blog.)

In fact, only 5 out of the 9 listed are mandatory. Let me explain why.

If you ever see a duty, or an employment requirement that indicates “may” or “usually” within the NOC, you can assume the requirement is optional. You would still be considered a “full fledge” cook if you did not set up and oversee buffets, clean the kitchen and work area, plan menus, determine size of food portions, estimate food requirements and costs, and monitor and order supplies; or hire and train kitchen staff. However, you would still need to have performed a substantial number of the remaining 5 duties.

Finally, we need to take look at what the regulations call “essential duties”.

In all honesty, I don’t have a clue what they mean by “essential duties”. If you are one of those super intelligent people out there that can explain this to me, please comment below and enlighten us all. However, if you are like me and have never really seen a NOC profile description that specifically identifies “essential duties” then welcome to the club.

[BONUS SECTION] How do the “Employment Requirements” in the NOC Profile Relate to Express Entry

Please note that as a starting point, you DO NOT have to meet the minimum “Employment Requirements” in order to get credit for your foreign work experience when apply through Express Entry. However, I still think it is important to understand how they do fit into the picture if you are one of those very lucky people to have a job offer from a Canadian employer that is supported by an LMIA, or another work permit option under the International Mobility Program.

As stated previously, although I do not quite “get” the essential duty thing, I do understand the “Employment requirements” thing that is built into every NOC. In addition to being able to perform the actions in the lead statement and a substantial number of the main duties, in the context of a Canadian work permit, employment requirements can not be overlooked.

I can’t tell you how many work permits I have seen refused because a foreign national does not have the specific education or work experience requirements listed in the NOC for their proposed position. This typically occurs after companies have spent thousands of dollars obtaining an LMIA only to see that the candidate they chose does not qualify for the position based upon IRCC’s requirements (essentially the NOC requirements).

So let’s take a look at the employment requirements for a Cook.

The first place to start is to determine what is “mandatory” (remember, I don’t really have a better word) and what is “optional”. This can be easily done by applying the “may = optional” and “are required = mandatory” rule.

Completion of secondary school is “usually required”.

This means it is not mandatory. If you didn’t graduate, you are okay so far.

Completion of a three-year apprenticeship program for cooks OR completion of college or other program in cooking OR several years of commercial cooking experience “are required”.

Because this ends in “are required“, then this is mandatory. However, because of the “ORs” inserted between each requirement, it means you only need to satisfy one of the above three and not all of them.

So, if you never graduated from school, but have “several years” of commercial cooking experience, then you are good to go.

“NOTE: remember that “several years” is often interpreted as at least 3 years by IRCC.”

Trade certification is available, but voluntary, in all provinces and territories.

I think it goes without saying that “voluntary” means just that. However, I do want to point out that many “trade” positions are regulated in Canada and if you ever run into a trade such as welding, pay close attention to whether or not it is a regulated AND compulsory trade in your Province of destination.

Now, failing to meet the minimum employment requirements will not impact on your Express Entry application; however, in the context of work permits, it can be a deal killer. So pay attention if you anticipate applying for a work permit before your Express Entry application is completed.

Red Seal endorsement is also available to qualified cooks upon successful completion of the Interprovincial Red Seal examination.

Once again, “available” is also one of the optional factors that really doesn’t impact on your Express Entry application.

Wrapping things up

There is definitely a lot to remember when searching for your proper NOC. However, if you start with the IRCC tool for matching titles to NOC codes, your battle is often won at this stage. All that remains is following my instructions above to evaluate the duties and employment requirements in order to confirm you got the right one.

If you weren’t so luck with the IRCC tool, then following the remaining steps above should help you drill down to your exact position.

Express Entry – Complete Step by Step Guide to Doing it Yourself

In order to help as many people as possible navigate the complexities of the Express Entry program, I created a complete Step by Step Video Tutorial to show you how to do it yourself. Obviously, I would love for people to book a paid consultation with me and retain me to represent them in filing their Express Entry applications (you can do so by accessing this link: https://www.holthelaw.com/consultation).

However, for many of my readers and those that follow me, I highly recommend they consider purchasing access to my Express Entry – Complete Step by Step Video Guide to Doing it Yourself . I know you will love it.

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

• IRCC’s instructions for Express Entry: http://www.cic.gc.ca/english/immigrate/skilled/profile.asp
• NOC 2011:  http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx
• NOC 2006/2011 Concordance Table: www5.hrsdc.gc.ca/…c/2011/Concordance.aspx
• IRCC NOC Finder Tool: http://www.cic.gc.ca/english/immigrate/skilled/noc.asp
• Ministerial Instructions for Express Entry: cic.gc.ca/…epartment/mi/express-entry.asp

Welcome to Season 1, Episode 3 of the Canadian Immigration Podcast. In this episode I will be discussing my Top 5 reasons Express Entry applications get rejected.  

By listening carefully to this podcast, you just might be able to save yourself from the 5 most common mistakes that can result in the refusal of your permanent resident application under the Express Entry system.

Although there are any number of ways you can be found ineligible to actually participate in Express Entry, this podcast will be focused on the ways you can unknowingly mess up your application after you have been granted an Invitation to Apply for permanent resident status in Canada.

In no specific order, these are the mistakes I see most often in my practice:

1. Your reference letters are deficient.
2. You forgot to include all your police clearances.
3. You failed to include a copy of your degree with your ECA.
4. You let your language test results expire.
5. You didn’t provide proof of funds.

[Tweet “Failing to include your degree with your ECA can result in refusal of your Express Entry application.”]

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

• Why the Express Entry program can be so unforgiving to applicants.
• How to avoid the 5 most common mistakes people make when filing their applications.
• Great links to essential CIC resources for determining your eligibility under Express Entry.
• Helpful tips on navigating the complex Express Entry process.

Explore Additional Resources

In this episode we mentioned the following resources:

• EE Come to Canada Wizard: http://www.cic.gc.ca/ctc-vac/ee-start.asp
• EE – CRS  Tool:  http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
• EE – Draw #17: http://www.cic.gc.ca/english/department/mi/index.asp?expand=mi-pr-express#mi-pr-express
• Blog Post:How to Draft an Employer Letter that Works: http://www.canadianimmigrationpodcast.com/express-entry-how-to-draft-an-employer-reference-letter-that-works/
• How to get a police clearance: http://www.cic.gc.ca/english/infORmation/security/police-cert/index.asp

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.

• Human Resource Institute of Alberta’s Canadian Immigration Law Event (Sept 23, 2015)
• 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 3

In this episode I will be discussion the Top 5 reasons your Express Entry application can get rejected?

Since Jan 1 – EE is pretty much the only option for PR for SW in Canada except for PNPs

• We’ve gone from certainty with the old system to tremendous uncertainty with EE
• Prior to Jan 1, 2015 could apply directly to various Economic PR Class categories:
  • FST
  • FSW
  • CEC

• After Jan 1, anyone seeking to transition from a WP to PR or seeking to immigrate as a skilled worker to Canada must now go through EE – unless qualify under one of the PNPs
  • However, PNPs in some Provinces are suspended until the new year, such as Alberta and BC which are suspended to early 2006 because the 5500 quotas for 2015 have been reached.

• Thus, there is a lot riding on successfully navigating the EE program.
• If you are one of the many TFWs in Canada with work  permits that are reaching the four your cap, you have very little margin of error. If you don’t get it right, you could be finding yourself heading home.
•  When I speak with my colleagues across the country, we are seeing all lot of Applications getting returned for seemingly inconsequential reasons.
•  This is what we will be discussing to some extent in the podcast today.

•  Largely this is occurred because of the shift within immigration and how they are processing applications.
  • If there are any errors or deficiencies within the application and it is not perfect, they will simply return it. We call this a one touch policy.
  • In other words they want to get an application that is complete and they don’t want to have to sit on the application and then waste time by sending you a deficiency letter.
  • They have quotas to meet. They have to get these applications processed in six months. There are only so many officers to go around.

•  Have you noticed how the work permit processing times and spousal sponsorship processing times have skyrocketed? The reason for this is that many of the officers are being reassigned to express entry so that the government can continue to meet their service level standards of six-month processing for express entry.

• So the situation we’re now dealing with is that you have to get your application right and you cannot afford to make innocent errors or mistakes or omissions on your applications otherwise they’re going to get bounced back.

• It’s one thing to get your application rejected because you do not meet the requirements of the Express Entry program. It’s an entirely other thing to have your application in the cue having been granted an ITA only to have it rejected when you file the present application because of something you should’ve anticipated long before you ever submitted it.

•  When submitting your profile  to the express entry pool , there are lots of checks and balances within the system to allow you to know right away whether not you qualify. If your English isn’t sufficient you do not even get to the door.  If you do not have at least one year of skilled work experience in Canada or abroad, you’re also shut out.

• Citizenship and immigration Canada has a CRS calculator that you can punch in your information and it will let you know  what your potential rank maybe. I’ll put a link to that within the show notes.

• Once you’re in the pool, you’re also be notified as to the actual CRS score that you get when you’re sitting in the pool. You can then compare CRS score to the rounds of invitations and determine exactly where you sit. Our most recent draw which is the lowest of all, occurred just this weekend on September 18 with a CRS point threshold of  450 points.

•  Each time a trial curse we hope that it will continue to drop lower and lower. However I know for a fact that there are thousands of people who are currently sitting at somewhere below 450 points that limbo for months hoping to be drawn. The Internet is full of people discussing the frustration they’re experiencing.

• Can you imagine what it would be like if you had 450 CRS points and were finally granted an ITA to the Federal Skilled Worker Program after waiting since early January of this year  to be drawn.

•  I personally would be overjoyed.

•  Now let’s imagine you faithfully submit your permanent resident documentation and upload all of the information necessary to ensure that the lovely portal accepts your application.

•  Now let’s  fast forward five months. You get home after a long days work to find you have a new email from citizenship and immigration Canada. You notice that it has the file number starting with the letter E which is significant because it relates to your express entry application.

• You quickly log into your computer and open your MyCIC  Account

•  What you find devastate you. After waiting in limbo almost 8 months, CIC has refused your application. Why did they refuse it?
  • Because you forgot to include a copy of your degree when you uploaded your educational credential assessment.
  • Or maybe you forgot to include a birth certificate for one of your dependent children; Or even worse,
  • You accidentally uploaded a copy of your child’s passport data page in the spot reserved for birth certificates –  which is super easy to do given the fact you cannot look at the documents once you’ve uploaded them into the system to ensure you’ve got the right one in the right spot.

• Now you realize that you are going to have to go back into the pool and hope again that the draw total drops down to at least 450 and 50 points again.

•  This is what we’re seeing happening. I’m seeing individuals all across the country who are facing the same issues. In the past these simple oversights resulted in nothing more then a 1 to 2 month delay in processing has CIC waited for you to upload the requested documentation that you had missed in the original filing. However as can be seen from above anyone who does this now can most assuredly expect to see their application returned.

Alright, I think I’ve be labored that point long enough. This podcast is designed to give you my my top five reasons that I’ve seen applications getting refused over the past seven months. It’s my hope that by sharing these simple tips with you, you will be able to ensure that you don’t make those same innocent mistakes that have such drastic consequences when applying under the express entry system.

So before we start with my list, I want to qualify that these reasons relate to the permanent resident process of the application.  There are likely a number of different reasons why individuals cannot even get into the pool.  There’re also things that candidates can do to increase their CRS score and increase their chances of getting drawn from the express entry pool. However, I’m not going to be discussing those in this podcast but instead am going to be focusing exclusively on the reasons that IC permanent resident applications being bounced.

So let’s jump into my top five reasons permanent resident applications are being refused under the express entry system.  I do you want to point out that these are no specific order.  However they are some of the top five most common reasons I see these applications getting returned.

1. Reference letters are Deficient – do not meet the minimum requirements:
   • See: How to Draft an employer reference letter that works: posted on Friday September 18th on my website canadianimmigrationpodcast.com
   • One of the most common areas omitted from those letters are the detailed list of duties  and the number of hours worked per week.
     • These are missing, you will not get credit for your skilled work experience in your application will most assuredly be returned.
     • If there is one person out there that has been given a second chance from CIC and asked to replace a deficient reference letter I’d love to hear it.  They show no mercy.
2. Police clearance missing– some countries require a federal and state clearance.  The only way you will know is by going to the CIC website and reading very carefully exactly what they need.  I’ll provide a link to the  how to get a police certificate webpage within the show notes as well.
   • One example of this is Australian where you are required to provide:
     • a National Police Certificate – Standard Disclosure – name check only (issued by the Australian Federal Police) AND
     • Traffic History (for residents of Queensland only) OR
     • Full Licence History Search (for residents of Victoria only)
   •  Guess what happens if you fail to include even one of those. You guessed it refusal!
3. Educational Degree not included with ECA assessment –  this one happens more than you think.  When uploading the educational credential assessment, some people forget to also upload the underlying degree that was evaluated.
   • now one would assume That it’s not a big deal because the ECA assessment is the most important thing within this process.  Further, there is no way you could get TCA without the underlying degree.  However we have seen refusals for failing to included.
   • a simple oversight, which can cause an individual to have to start all over again from the beginning.
4. Language Test Results have expired –  you would think with the language test results remaining valid for two years this would not be a problem. However, the longer someone sits within the express entry pool, the more likely it is that an IELTS or CELPIP  test results will expire.
   • Let’s take our  original candidate who hypothetically submitted  her application in January of this year. If they were not drawn until June of next year, it is entirely possible that that language test could have expired long before the permanent resident application is finally adjudicated.
   • I have seen this happen. With  the fairly significant cost of language testing, it makes perfect sense that people will try to use an old test as long as they possibly can without having to incur the greater cost to sit the exam again.
   • However, if one is not vigilant it is easy to see how people can be tripped up by this requirement.
5. Proof of Funds lacking – finally, the last area in which I see applications getting bounced back at the last stages is due to a failure to have proof of funds to support settlement in Canada following the approval of PR

Unless you are currently authorized to work in Canada and have a valid job offer from an employer in Canada, or you have been invited to apply under the Canadian Experience Class, you must show that you have enough money to support yourself and your family after you get to Canada.

Bring as much money as you can to make moving and finding a home in Canada easier. Note, however, that Canadian customs regulations require you to declare if you are bringing more than C$10,000 into Canada. If you do not tell them, you may be fined or put in prison. These funds could be in the form of:

• cash
• documents that show property or capital payable to you (such as stocks, bonds, debentures, treasury bills, etc.) or
• documents that guarantee payment of a set amount of money, which are payable to you (such as bankers’ drafts, cheques, travellers’ cheques or money orders).

So with all of this being said you better make darn sure that you disclose any amounts over $10,000 Canadian when you are arriving in Canada.  I can only imagine a circumstance where an individual is caught by customs for feeling to disclose the amount, before they have had a chance to go to immigration to confirm they have settlement funds in order to land as a private resident Canada.

So with all of these reasons I’ve given above for why your permanent resident application can be refused under express century, I want to give you just a few quick tips that if followed, can pretty much eliminate the risk of this happening to you.

1. Collect all of your documentation long before you receive your invitation to apply. In this fashion you’re not going to be scrambling at the last minute try try to get all of the necessary documentation and miss something by accident because you’re trying to go to fast.
   • Remember that once you have been granted your ITA, you have only two months to submit your permanent resident application. If you have not yet obtained the police clearance, your medicals, or your reference letters etc., you may be very hard pressed to get these things before your time runs out.
   • So make sure that you have all your documentation ready to go at a moments notice.
2. Consider declining your ITA if your application is not  100% complete a the time in which you are required to file the PR portion–  you need to ensure that you have everything that you’ve been asked to provide  and that the documentation and information has been properly uploaded into the portal before you submit your application.
   • It is a far better practice to hold off on filing until you have everything. It may be that some pieces of documentation are difficult to obtain. After all, if you qualify for more than one permanent resident program your document checklist can look slightly different depending upon the program.
   • However, the days of telling CIC to hold the application pending receipt of a document that has not yet been received – such as a police clearance from Africa (which can take many months), or the results of a medical test, will often fall on deaf ears and result in you getting your PR application refused with instructions to resubmit your profile into the EE pool.
   • So  don’t take the chance.
   • In many cases, if you are not faced with a work permit that is expiring. It may be a better practice to decline the invitation to apply until you have the documentation that you need.  If your CRS points are high, you will get drawn again within the next three weeks or so.

So that about covers it for my top five list of reasons people get their PR applications refused under Express Entry and I finished off with a couple of hints to ensure you can protect yourself from falling into this trap.

So let’s go to some listener questions.

This one is probably one of the most common questions I get. Unfortunately, it is not a question that I would classify as general in nature; however, I do want to address it right off the bat so that hopefully I can help others with similar questions to find the answers they are looking for. Just to clarify, this would be an example of a specific question that better suited for a one on one consultation. However, here it is and then we can talk about what you can do if you have a similar question.

LISTENER QUESTION #1

Question via Canadian Immigration Podcast Website:

Name: amarjit

Comment: dear sir,

I have a 3 year diploma in mechanical engineering and I have 15 years of work experience. I have IELTS scores of:

Listening-5.5,

Reading-4.5,

Writing-5.5,

Speaking-5.5.

OVERALL- 5.5 Can I qualify for Express Entry?

The quick answer to this question is that no you will not be able to apply through express century.  I assume from this question that he is not currently working in Canada. If that is the case he would not qualify under the candidate experience class. In this program you can qualify with language scores at CLB level 5.  However, anyone else outside of the country that has to go through express entry and ultimately apply to the federal skilled worker program, the minimum language score is set at CLB 7.

Now with this being said, I want to provide everyone with three important links to help them along their way.

1. The CIC skilled immigration eligibility wizard which can tell you if you are eligible to submit your profile into the EE pool:  http://www.cic.gc.ca/ctc-vac/ee-start.asp
2. The second is CICs webpage that outlines the Six selection factors – Federal skilled workers are assessed against when determining if they meet the initial 67 point threshold for the FSWP. If this is not met, then you can’t even get into the EE pool unless you are living and working in Canada. I presume that Amarjit is not. http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
3. The third is the CRS tool: http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp  that will assess how many points you are expected to receive IF CIC accepts the information you have provided as being provable.  In other words, you may feel you have a Masters level degree and thus eligible to obtain the corresponding points for education. However, a language assessment could equate your Masters degree to a 4 year undergraduate degree in Canada. So take this CRS tool as a general guide. I’ll place this link in the show notes too.

So it is not possible for me to assess each individuals eligibility for express interest. I sincerely wish I could, however it’s not possible. If anyone wants to have their eligibility formally assessed and receive a legal opinion, they can reach out to my law firm www.HT-LLP.com and book a paid consult. For the rest of you, these links should give you exactly what you need to get a very good idea where you stand with express entry. So I hope they’re helpful.

LISTENER QUESTION #2

From: Nila

Subject: [your-subject]

Message Body:

I’m a spouse of an international student who holds an open work permit in BC. I have gained experience to qualify through CEC.

Can my employer apply for an LMIA only to support my PR application as I don’t need a work permit?

My spouse is a still student and we already have a valid study and open work permit for another year. I’ve have no Canadian education.  I have skilled work experience working as a seamstress (NOC 6342) and i’m paid the prevailing wage. I’ve created an express entry profile but didn’t get enough points as my spouse is still working on his degree and I don’t have Canadian education as I mentioned earlier.

So, my only hope is now to get 600 points through an LMIA. Thanks for all your help and will look forward to the answer in your weekly podcast.

From: Labib

Subject: LMIA

Message Body:

I’m preparing my file for FSW program..I have revived job offer from a Canadian employer.my question is ..

1-Is it mandatory to have LMIA in order to get additional points for the job offer OR not??

2-can I submit EOI  before obtaining LMIA or during processing the LMIA ??

Yes, absolutely you can have your employer apply for what we call a PLMIA or a permanent LMIA that is used to support an EE application. There are some benefits to this process as there is no $1000 application fee for the employer and processing times tend to me a little quicker than a traditional LMIA. The only thing to remember is that your employer will still have to demonstrate that there are no qualified Canadian citizens available to take your position as a seamstress.

If your employer is successful, you will indeed obtain an extra 600 points for your job offer and will be virtually guaranteed that you will receive an ITA. I wish you all the best.

LISTENER QUESTION #3

From: Labib

Subject: LMIA

Message Body:

I’m preparing my file for the FSW program.. I have revived job offer from a Canadian employer.my question is ..

1-Is it mandatory to have LMIA in order to get additional points for the job offer OR not??

YES, only job offers supported by and LMIA will get the additional 600 points under the CRS.

2-can I submit EOI  before obtaining LMIA or during processing the LMIA ??

Yes, if you meet the 67 point threshold under the FSW program, and other program requirements there is nothing from preventing you from submitting your profile into the EE pool and waiting until your employer is able to obtain an LMIA to support your job offer. 
[/spoiler]

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For those lucky enough to obtain an Invitation to Apply (ITA) under the new Express Entry regime, collecting those dreaded employer reference letters can be a royal pain. However, not every reference letter is accepted. So I’m going to explain exactly what you need to include in yours to ensure you get credit for your foreign work experience.

As a farm boy, I can remember my dad sending me and my brothers the 23 mile drive to White’s Hardware store in Carmangay, Alberta (that’s my dad’s wagon at the entrance to town), to pick up much needed farm supplies. There were times when we got to the store only to realize that we didn’t bring the money with us.

It would have been a long drive back home to face my dad to explain why we didn’t do as he asked. So we did what any local farm boy would do – we asked Mr. White if we could take the supplies and pay him the next time we were in town….essentially put it on our “tab”.

Fortunately for us, Mr. White knew our family well and trusted us to honour our word. We were able to return back to dad with only mild chastisement for having inconvenienced Mr. White.

However, the old adage: “Your word is your bond“, no longer exists in the world today. And it most definitely does not exist within the world of Express Entry.

It is essential to prove your skilled work experience

One of the most important components of an Express Entry application is skilled work experience. If you are not fully credited with this experience, it could make the difference between your Express Entry application being accepted or rejected.

In an ideal world, CIC would act as old Mr. White and trust in the integrity of people. After all, each time you electronically submit an immigration application, you are asked to “certify that any information provided by you is true, accurate, and complete.”

That should be good enough, right? Unfortunately, no.

One of the most common reasons an Express Entry application is rejected at the permanent resident (PR) stage is due to deficient reference letters.

[Tweet “Express Entry applications are often rejected because of deficient reference letters.”]

The critical information that must be included within a reference letter

When Express Entry was first released, CIC did away with all of the old document checklists for the PR programs. When this happened, we were not exactly sure how reference letters were to be worded. Given the sometimes harsh consequences of failing to get them right, it left many of us immigration lawyers quite unsettled to say the least.

Fortunately, as time has passed, we now have a much better understanding of what CIC is looking for within those pesky reference letters.

CIC may still accept some reference letters that are not 100% perfect. However, in CIC’s world of “one touch” processing, who can really afford to take a chance?

I have set out below the essential components every reference letter must include to ensure you get awarded the full skilled work experience you are entitled.

“Tip: Ensure the reference letter is printed on company letterhead. Remember this needs to be an official document and anything less (such as an e-mail confirmation of employment) is just not going to cut it.”

1. Your full name. Ensure that the name on the reference letter matches with the name on your passport. Sometimes employers will refer to you by your common or nickname. Eliminate confusion wherever possible and go with the name in your passport
2. Company’s contact information. This should include the following mandatory information with a few suggestions of my own:
   • full address (don’t forget postal/zip code, if applicable)
   • telephone number
   • e-mail address
   • website address (my suggestion)
   • stamped with the company’s official seal, if applicable (my suggestion)
3. Signature of your immediate supervisor or personnel officer. People come and go from a business, so if your immediate supervisor no longer works there, have someone sign the letter who knew you and is in a position of authority within the company.
4. Business Card of the person signing the letter. Don’t forget to ensure this is included with the reference letter when you receive it. Obviously you will only need to upload a digital copy of it to the Express Entry portal. However, don’t make the mistake of thinking it is no longer required in our new virtual Express Entry world.
5. Confirm all positions held within the company. In addition to confirming your various titles, the letter will need to include the following details for each position:
   • job title + corresponding NOC (my suggestion);
   • detailed list of duties/responsibilities (see further information below);
   • job status (if current job);
   • dates you worked for the company;
   • number of hours per week;
   • annual salary; and
   • benefits, (if applicable).

Let’s be honest. There is no “perfect” reference letter.  However, if you can get every one of your prior employers to include all of the information above, you will significantly increase your chances of being awarded all of the skilled work experience points you deserve within Express Entry.

Stay tuned to future blogs, where I will address the process of determining your proper NOC for each position you are claiming under Express Entry.

Make sure to share your e-mail address with me so that you can be placed on my notification list when new information is released on my website.

Explore Additional Resources

• CIC’s instructions for Express Entry: http://www.cic.gc.ca/english/immigrate/skilled/profile.asp
• NOC 2011:  http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx
• CRS Tables: http://www.cic.gc.ca/english/express-entry/grid-crs.asp
• Program Criteria for each PR category (FST, FSW, CEC): http://www.cic.gc.ca/english/immigrate/skilled/apply-who-express.asp

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.

• Human Resource Institute of Alberta’s Canadian Immigration Law Event (Sept 23, 2015)
• 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

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If you are one of the unfortunate people that has just had their Canadian visa application refused, it can be one of the most frustrating experiences of your life. Travel plans are spoiled and the hopes of being reunited with distant friends and relatives are in serious jeopardy. [UPDATE: January 7, 2017] After reading this blog post, I highly recommend that you check out the special podcast episode I recently did with esteemed immigration policy analyst and lawyer, Richard Kurland entitled: “Has Your Canadian Visa Been Refused“. Richard shared some unbelievably valuable insight regarding strategies us immigration lawyers use to overcome Canadian visa refusals. If you like this Post, you will love Season 2 Episode 1 of the Canadian Immigration Podcast released on January 6, 2017.]

And to make matters worse, the form rejection letter provides only a vague reference to an officer’s belief that “you would not leave Canada at the end of your stay.”  You know there must be more to it than that. If only there was a way to get a copy of the visa office file materials so that you could learn the “real reasons” your application was rejected.

Well there is a way to get those file materials and I’m going to show you how!

The Canadian Immigration visa rejection letter will almost always have the following statement enclosed at the end:

Should you wish to reapply, I would suggest that you do so only if your situation has changed substantively or you have significant new information to submit.

If you want to have any hope of getting that refusal overturned, or a second application approved, getting your hands on your immigration Physical File is essential. It will be critical that you know what evidence, or lack thereof, influenced the officer in believing you wouldn’t go home if the visa was approved.

It is only by knowing this information that you will then be in a position to provide “significant new information” on your next application in hopes of getting it approved. By satisfying the underlying concerns revealed in the officers hidden notes, you will then be able to reduce the chances of a second refusal.

The best way to get that information is to do an Access to Information and Privacy (ATIP) request to the Government of Canada. If done properly, this request will give you copies of the actual file materials and a glimpse into the officer’s detailed “internal” reasons for refusing your application. Armed with this knowledge, you are going to be much more likely to have success on your next application.

ATIPs can be used to access government information from a lot of different sources. However, we are going to focus exclusively on requesting a copy of the file materials and officer’s notes related to your rejected Canadian visa.

[Tweet “How to request your Canadian visa office file notes“]

Getting Started

In order to submit an ATIP request, you must either be a Canadian Citizen, permanent resident, or an individual or corporation physically present in Canada. If you are a foreign national wanting to make an ATIP request and you are not currently present in Canada, you will need to find a representative to complete this for you. If someone else is submitting an ATIP on your behalf, you must sign a consent form allowing them to do so.

You can download the IMM5477: Consent for an Access to Information and Personal Information Request by clicking on this link. Please also note there is a small processing fee for CIC’s trouble in providing this information. The fee is $5.00 CAD per request.

Step by Step Instructions for Requesting an ATIP

An ATIP can be submitted by mail or online. I recommend filing online as it is much quicker. I have set out below the essential steps needed to file your online ATIP request.

Step 1 – Go to the ATIP homepage at https://atip-aiprp.apps.gc.ca/atip/ and select your preferred language (English or French). You can skip through the “Top questions” section and go straight to the bottom and click the “Next” button.

Step 2 – This will take you to the “Privacy Notice” where after acknowledging you have read and understood the privacy notice by checking the check box, you will then click “continue”.

Step 3 – Next, select the Department where you wish to submit an ATIP request. You will want to select “Citizenship and Immigration Canada”.

Step 4 – On the second line, you must indicate whether you are a Canadian Citizen, Permanent Resident, Individual/corporation currently present in Canada or None of the above. Please choose the correct selection for your situation.

NOTE: If you choose “none of the above”, you will not be able to submit the request.

Step 5 – Enter in your full legal name, phone number and current address. Please note that a fax number is optional, however we recommend that you fill in this section if you have one.

Step 6 – On the next line, it asks for an email address. Please be sure to enter a valid email address as this is often how the visa office file notes are delivered. On larger files, they may need to send a CD, which is sent to your mailing address.

If you are requesting information for your own file, select “Yes”, but if you are making the request on behalf someone outside of Canada, then select “No”.

You will also select “No” in the next drop down menu because you are requesting the visa office file notes on behalf of a living person. Obviously, you will then need to provide a copy of the signed consent form when prompted to do so.

Step 7 – Next you are asked to select the category you fit within. This is not mandatory, so you may skip this section. However, if you want to provide this information to the government for statistical purposes,  I indicate “Business (Private Sector)”; however, you would likely select “Member of the Public”. 

You can suggest the best method for receiving the information; however, if the file is too large, they will send it in a CD format regardless of the preference you selected.

Once this has been completed, click “Continue”.

Step 8 – On the next page you will be prompted to answer whether you would like to make a request under the Privacy OR Access to Information Act. When requesting visa office notes, you are doing so under the Access to Information Act, so choose this option.

You will then be asked the type of record you wish to request. Select “Case Files” and then complete the requested file information. In order to ensure complete accuracy, I would take this information from the visa office refusal letter. I have set out below a sample letter which lists the pertinent information you will need to fill in. I have blocked out certain sections for privacy reasons.

Although not mandatory, you will also be asked to provide the person’s Client ID number which is also known as a Unique Client Identifier (UCI) number. I highly recommend that you include this number if known.

See the sample work permit refusal letter below.

Step 9 – Once you have completed the basic file tracking information, you will be asked what type of information you would like to request. Although it may take a little longer, I routinely request the “Physical File” so that I am able to obtain the complete picture. At times there is important information related to the refusal that is not contained within the “Notes in the Electronic File”.

Once you have selected “Physical File”, you will then choose the “File Type”. Simply select the option that pertains to your refusal. For any work permit, study permit, or visitor visa application, you would request “Immigration File: temporary residence”. You are then prompted to insert the “File Number”. This is critical, because without it, you can not make the request. 

The “File Number” or “Application no.” can be found on the top right of most refusal letters.

Step 10 – You will also note that there is an open fillable field at the end of this page where you can provide any information that may help an officer to know what exactly you are looking for. However, I often don’t worry to much about this because if you are requesting the entire “Physical File”, then you should receive everything anyways.

If you would like to insert a specific request, you could include something like: “Please provide all notes on file pertaining to the application identified above”.

TIP: If this is a sponsorship application, get a consent form signed from every party otherwise CIC may redact critical information from the file for privacy reasons.

Next, click “Continue”.

Step 11 – We have reached the final stages of the ATIP request. This next page is where you upload your documents and consent form (if applicable). Please note that if you are requesting an ATIP on behalf of someone else, it is mandatory you upload the consent form (IMM5477: Consent for an Access to Information and Personal Information Request).

TIP: If you have multiple consent forms, you can simply click the “Add” button and a new field will open up to upload a second or third consent form.

Make sure that the documents you upload fit within the file format parameters set by CIC. Any additional documents are to be uploaded within the “Other Documents (optional)” section.

TIP: Although other information is not required, we recommend that you also upload a copy of the refusal letter for good measure.

Step 12 –  You will need to review all of the information you have entered and pay the processing fee. Be sure to review the information you have entered thoroughly as mistakes could result in the refusal of the ATIP or delayed processing times.

You have the option to modify each section. If you find a field you wish to modify, simply click the blue “Modify” button and you will be taken back to the original page in which you entered it. Be sure to save your changes.

TIP: We recommend printing this page for your records. If something goes awry down the line you will have proof of the submitted ATIP and will be able to make a case to CIC if necessary.

If you have reviewed all your answers and are satisfied, check off the “Certification” box at the bottom of the page and click “Continue”.

Step 13 – The last step is to pay the processing fee. The fee for an ATIP is $5.00 CAD. The only accepted method of payment for the online application is credit card. After you have entered in your payment information and have submitted it your transaction will be processed and a receipt will automatically be generated. Be sure to keep a copy of this receipt as well for your records.

What happens next?

CIC will now process your ATIP application. They will send it to you by your indicated method (E-mail or CD).

Typically, an ATIP request should take no longer than 30 days. However, if you are requesting a Physical File from a consulate abroad, it will often take up to 60 days, or on rare occasions even longer. If 60 days have passed and you have not received your requested information be sure to follow up with CIC and provide copies of your receipts and submitted application.

After you have received your requested file materials you will be able to see exactly why your application was refused. With this information you are now armed with the information you need to refile your application again and give yourself the best chance of success.

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Welcome to Season 1, Episode 2 of the Canadian Immigration Podcast. In this episode I will be discussing the Top 5 things you need to do to prepare yourself before even thinking about submitting your Express Entry profile.

Opening Tip: Do not take an English Test first as indicated on the CIC Website! 

1. Assess your admissibility to Canada.
2. Determine if you have at least 1 year of Skilled Work Experience.
3. Take the Language Test.
4. Get an Educational Credential Assessment done.
5. Determine if you qualify for one of the Economic Immigration Programs (FST, FSW or CEC).

[Tweet “When determining eligibility for Express Entry, taking an English Test is not the first step.”]

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

• How to conduct an initial Express Entry screening to determine if you qualify.
• How to obtain a language test and the minimum scores for Express Entry.
• How to obtain an Educational Credential Assessment.
• How to determine if you meet the specific requirements of the individual PR programs (FST, FSW, and CEC).

Explore Additional Resources

In this episode we mentioned the following resources:

• • CIC’s instructions for Express Entry: http://www.cic.gc.ca/english/immigrate/skilled/profile.asp
  • How to determine if you are inadmissible: http://www.cic.gc.ca/english/infORmation/inadmissibility/index.asp
  • NOC 2011: http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx
  • Federal Skilled Worker Points System: http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp 
  • ECA Designated Organizations: http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp?expand=designated#designated
  • CRS Tables: http://www.cic.gc.ca/english/express-entry/grid-crs.asp
  • Program Criteria for each PR category (FST, FSW, CEC): http://www.cic.gc.ca/english/immigrate/skilled/apply-who-express.asp

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.

• Human Resource Institute of Alberta’s Canadian Immigration Law Event (Sept 23, 2015)
• 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 complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian immigration podcast season 1, episode 2. 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 ex-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.

In today’s episode I’m going to be discussing the top five things you need to do to prepare yourself before even thinking about submitting your profile into the express entry pool. CIC’s instructions for submitting your profile into the express entry pool are pretty clear. If you go to the website, they will tell you step one, take your language test, step two get your foreign education assessed. And finally confirm your skill work experience abroad. So three steps, language test, get your education, then confirm your skilled foreign worker experience.

Well I can tell you that if you follow these steps right off the bar, without doing anything else, you’ll be wasting your money. I really don’t want you to do that, so let me help you save $500 before you even get started. First thing I want to indicate is that to take the language test it’s going to cost you between 265 to 300 Canadian dollars to do that. To get your education assessed, it’s going to cost you between 200 and about 226 dollars to get your foreign credentials assessed.

Now I don’t want you to waste that money if you are not yet at a position in which you can even submit your profile into the portal. And the reality is if it’s going to take you a couple of years to qualify by that time your language test could have expired, generally English language test lasts for two years. And the educational credentials assessments are good for about five. So we are not so concerned about them lapsing, and then you not being able to use them later, but the reality is if you want that $500 in your pocket now, if you are not even going to come close to qualifying, then you need to follow my tips that I’m going to give you right now.

My opening tip to save money is one don’t take the language test first. So despite CICs instructions to rush off and spend that money, hold off for now and here are the five most important steps that you need to do first. So number one, assess your admissibility. Let’s face it not everybody is going to be admissible to Canada, sometimes you make stupid decisions when we are young, and we end up with criminal records for relatively small things, but even small things can result in inadmissibility to Canada.

When it comes to assessing admissibility, the government looks at a number of different things, and I’m not going to give you a comprehensive list here because that’s — we don’t really have time for that. But you could be found inadmissible for health grounds, if you’ve had an illness, financial reasons and ultimately the financial will result at the end of the process when they ask you to provide the necessary settlement funds to be able to establish yourself in Canada. And if you can’t prove you have sufficient funds to do so, then that can also scuttle the whole process. So it’s better to assess now whether you think you will be able to achieve a sufficient financial support if needed.

The third possible reason for getting — receiving a finding of inadmissibility is misrepresentation on a prior application, or in an interview with CIC. So if you’ve had that in the past that can also prevent you from being able to qualify. And then obviously there are the more serious things like I indicated, there’s human or international rights violations, an individual can be convicted of a crime abroad like I indicated. But there are ways to overcome the criminal and inadmissibility, which I’ll put some information in the show notes that can help you if you found yourself to be in a situation where you’ve got a criminal conviction, but you are just not sure whether it will make you inadmissible to Canada.

So I’ll put in my show notes a link to the CIC website where that website will give you information on what does and does not constitute inadmissibility. And then from that site or that web page you can then click on the sentence that reads, if you have committed or been convicted of a crime you have a few options. And so when you click on that it will then take you to information related to criminal rehabilitation. And that criminal rehabilitation is available to individuals who have had prior criminal convictions, and it’s a way of permanently removing that inadmissibility.

And like I said let’s face it, nobody is perfect, we make mistakes but if you’ve had a prior conviction for anything from theft or assault, driving under the influence, or possession of — or even more serious things trafficking in drugs, or dangerous driving or manslaughter, or any of these different possible crimes. If you’ve been convicted of those, you could be barred from even getting through the program. And the problem is you will waste all of your time, all of your money applying to be drawn and given an ITA through the pool, ultimately to provide your permanent resident documentation and submit that application, and then at the very end be told that you are criminally inadmissible to Canada. So I don’t want you to do that, so make sure step one determine if you are admissible.

Now let’s move on to step two, obviously to qualify through many of the economic permanent resident streams, you need to have foreign skilled work experience. And this is skilled work experience, and in the case of permanent resident programs in Canada, you actually need to have at least one year of skilled work experience. Now that skilled work experience can be inside or outside Canada, so it doesn’t matter where you’ve acquired it. But ultimately that determination as to whether the work you did is actually considered to be skilled is critical. If you are not careful in how you assess it when you submit your application, CIC could determine that it’s actually not skilled and something less than skilled and leave you right back at the beginning.

So understand, I’m telling you these tips so that you don’t waste any money yet, until you’ve assessed these two most important factors. In order to determine whether your job actually equates to skilled work within Canada, you have to go to the national occupational classification system. Now beware there are two different ones, there is one for 2006, which is used exclusively by the temporary foreign worker program. I won’t get into all the details why they are still using that other than saying they probably don’t have enough resources to switch over to 2011 version, because all of the temporary foreign worker program resources are all tied and linked to the NOC 2006.

So you don’t use the 2006, you actually use the NOC that’s been developed — that’s the NOC 2011, that is what you use to determine whether your position is skilled for the purposes of applying for express entry. Now in order to help you so that you don’t get confused I’m actually going to put a link to the NOC 2011 within the show notes, so you can click on that, know that the positions that you are researching are actually coming from the right occupational classification system. Now a few extra little tips to help you, the title is important to kind of get you pointed in the right direction.

So whatever your title was working abroad, you can search for that title within the NOC, but do not rely on that title being the actual position that you are working in. You must take a very close look at the job duties that you actually performed, and then equate those job duties whether you completed the position like I said in Canada or abroad. Equate your job duties and the employment requirements for that position with what is specifically set out in the NOC. And I could take a whole podcast and go through all of the steps that we go through to determine this equating of your foreign skilled experience with the particular position profile that’s allocated on the NOC to determine if it really dos match. That’s a podcast in and of itself, so I can’t get into that today, but maybe I’ll save it for a later date.

But just know that you need to really look at matching up those job duties and making sure that the requirements the NOC list for that position are exactly what you needed to fulfill the position you were doing, that you want to include for the purposes of express entry. Okay, I think you’ve got that. All right step three, now finally you are going to folk over some cash and take the language test. You can’t even get into the profile, [speeding] your profile into express entry unless you have taken an official English test. The two sources that are accepted by immigration are the IELTS, the international English language testing system. And this one is good for individuals who have learned their English through the UK, Australia, New Zealand, because that’s how the languages, the accents, the terminology that they use.

So sometimes I have had clients indicate that if they receive their English training abroad, outside of Canada that the IELTS test actually was pretty good, so they use that one. Then there’s the CELPIP which is the Canadian English language proficiency index program. This was developed in Canada, so it’s our in-house little program that is used to assess English, and you are dealing with English speakers here. So one of the things if you’ve learned English in Canada, this test sometimes I’ve clients express that’s it’s a little bit easier for them.

So you choose either one that’s acceptable, you write that test, and that’s not it. You must take a look at what your score is. So if you are an individual who’s been working in Canada, there’s two different levels of English that you need to meet depending upon the classification that your position falls under. So if you have been working for one year in Canada at least one year, in a NOC B, so that’s the national occupational classification skill level B, trade level specialized technologist, technician that kind of level. Then you’ll need a CLB of five and that’s for every category, not average, every category, if you are going to be qualifying under the Canada experience class.

If you have that one year work experience, but in Canada, but it’s under NOC A professionals, or O senior managerial or management positions, then you must have a CLB of seven, so understand that distinction. If you are applying from outside of Canada, and you have non Canadian work experience, then it’s pretty easy. The only program you can qualify under is the federal skilled worker program, except for the federal skilled trade program, which is also out there, but not typically — there’s much fewer people that would qualify into the federal skilled trade, it’s out there, but we are just focusing on the skilled worker program right now. So in order to qualify for that one you must have a minimum CLB of level seven under the — in order to qualify into the federal skilled worker program.

So if you don’t have at least a minimum level seven for your English, then you know what, don’t even bother getting your education credentials assessed, which happens to be the forth step along the way. So just to recap, step number one, determine if you are actually admissible to Canada, whether you don’t have anything that’s going to trip you up. Number two determine if your skilled work experience abroad actually equates, and would be considered skilled for the purposes of express entry. The third step is to take your language test and pay that money. And if you meet the minimum requirement once you have written that English test, then step four is to get your educational credential assessment done.

Immigration has set forth a number of designated organizations that can do this for you. But it’s important for you to understand that if you have Canadian post secondary education you don’t even need to do this. But if you are relying upon foreign educational credentials, then you must submit an ECA in order to get credit for those educational credentials. If you try to just include it without the ECA, and you just tried to include your background educational experience, you will get no points for it.

So if you are wondering why you are not getting any points for — under the comprehensive ranking system for education, it will be because you don’t have that ECA. So you will always have to support it, always-always with an ECA. I have a link in the show notes once again to the locations where you can obtain your ECAs, ultimately there are — there’s probably about five different organizations that you can use for just general assessments. And then for doctors and for pharmacists they have their own organizations, their own entity.

So there’s the Comparative Education Services that UFT [ph] continuing studies, the University of Toronto department of continuing studies offers, there’s the International Credential Assessments Service of Canada. The World Education Service, or the WES, which is very common, a lot of people use that. The International Qualifications Assessment Service, and the International Credential Evaluation Service, and obviously you’ve got a lot of choices.

So here is where I’m going to ask you to participate in this. And I want your participation, I want people involved. I want us to share our knowledge, because after all if we are going through this process and we are trying to guess what CIC wants, which really is what we are facing these days, the best way we can figure out what the heck we supposed to do is to share our experiences. So here is the question, I’ll post this in my show notes; this is what I want all of you who are listening to this to respond to.

If you’ve already gone through the process of obtaining one of these educational credential assessments, I want you; in fact I’d love to hear from you how it went. I would like you to post your response in the common section of this particular podcast, on the canadianimmigrationpodcast.com website. And I’ll compile the results, and I’ll release them to everyone as to which test the organization is the fastest, which one grades the best in terms of recognizing your credential, and the more information I get back from all of you, the better I can get the data that we’ll then be able to use — we will be able to use going forward. So lots of reports, lots of comments, that’s what I’m looking for, do all you can do to encourage your friends and other people that you know who’ve already gone through the process to share their thoughts, and it would be wonderful, I’m really excited about it.

Now as I indicated previously, these ECAs are valid for about five years, and ultimately when you file your permanent resident application, you’ll need to provide your reference number for the ECA report, and this is super important because if you don’t provide that, then when the time comes to submit your PR almost invariably they’ll ask for a copy of the whole electronic documents. So sometimes they ask for it, sometimes they don’t, but you’ll need to have it and keep it handy. So I always ask that you go ahead and you do this so you know right off the bat how many points you are going to get exactly, what that your foreign credentials will equate to in Canada, so then you can know where you stand with this — with the comprehensive ranking system, and your ultimate score.

If the report that you have shows that your foreign credential is equal to a Canadian one, then you’ll get those points, those serious points. If the report shows that there is no equation to a Canadian credential, then it’s pretty simple, it’s very unlikely you are not going to be able to qualify for the federal skilled worker program, at least you won’t get any of those serious points. However if you are currently working in Canada, then it’s possible that you could qualify under the CEC, or as I haven’t discussed a lot the federal skilled trade program.

If anybody wants more information about the federal skilled trade program they can email me directly, and then if I get enough interest then I’ll really delve into it. But it’s kind of the red head and step child, that program is not many people use it. And ironically because of that, if you do qualify into the federal skilled trade, in terms of the ranking of importance, Citizenship and Immigration Canada in Ottawa has told us, as immigration lawyers that they intend to rank in terms of priority for them. The federal skilled trade program is number one, because it’s the hardest to fill, and they’ve got so many numbers of people that they want to pump through that program.

And so number one is federal skilled trade. Number two is the federal skilled worker, and last but not least is the Canada experience class. So sometimes when they do these draws, and pull people out of the pool, they will pull from a specific program, and sometimes because obviously those who are often applying into the federal skilled trade program do not rank as high with the comprehensive ranking system. So if they decide to only draw a federal skilled trade, it’s possible that although you maybe — don’t rank high enough to get drawn under the traditional route, that they may exclude only to federal skilled trade, and you could see yourself getting drawn. So if there’s enough interest I’ll cover that later, but at this stage I’m going to move on forward.

So while you’ve gone through this process, you’ve got your ECA done, you’ve got your language test done, you know that you have level one year skilled work experience, and you are not inadmissible to Canada. The last step that I’ll share with you is that you need assess whether you meet the minimum requirements of each of these three economic programs to start with. So you can have all these other stuff, but if you do not meet the minimum requirements of one of these programs, then you can’t even get through the gate to start with. And I indicate one year skilled worker experience abroad is a baseline, because generally speaking if you do not have that, you are not going to qualify for anything.

So let’s go through these programs just so that you are aware from the government’s priority program, federal skilled trade, not that they are not all a priority, but if there’s ever a tie between these, the tie will go to the federal skilled trade program, then federal skilled worker, then CEC. Because the government always wants to meet their quotas for these programs, and clearly for individuals working and living in Canada, the CEC is probably the easiest one to qualify under, regardless — absolutely regardless of whether you are skilled trade, or you are the CEO of a company, CEC is the easiest.

But let’s go through the federal skilled trade program. So to start with this is something that I didn’t indicate when I was talking about language test, but you have to have a minimum CLB of level five in speaking and listening, and the CLB of four in reading and writing. And that’s the only distinction. The other programs CEC, federal skilled worker, you can’t average the scores. So you have to have that minimum of level five for CEC or seven, and for the federal skilled worker you have to have that minimum CLB seven. But with the federal skilled trades, they recognize that reading and writing is not super critical for trade level excellence, but speaking and listening is. And so they have it set at CLB five for speaking and listening, and CLB four for reading and writing.

You also need two years of work experience in the trade within the past five years, and you also need to make sure that that work experience meets one of the positions, the trade level positions that are set out under the NOC. And when we start to assess these a little bit more closely, you’ll see that there are major groups of occupations under the trade level positions that are set out on the CIC website, and once again I’ll provide another link to that within the show notes. All right, and then you have to have an offer of full time employment for one year, or you need a certificate of qualification for that trade issued by one of the Canadian provinces or territories, so that’s the federal skilled trade.

Now let’s move on to the federal skilled worker, the basic requirements, one year of paid skilled work experience, so that’s a minimum of full time skilled work experience over one year, or the equivalent in part time. So 30 hours per week is considered to be skilled, and so if you do the math that’s about 1560 hours in a year. So if you are working full time, that’s the minimum expectation to qualify, at least to meet the minimum standard. Also you need to make sure that your position is classified in NOC 0A or B, like we indicated before within the 2011 NOC, the one year must have been obtained within the last 10 years, and CLB level 7.

You also need at least a high school education, and finally last but not least and this is where I see many people trip up, so pay close attention to this. If you are looking to qualify from abroad, you do not have a job offer supported by a labor market impact assessment and you are applying likely through the federal skilled worker program. Even though you have lots of points maybe with the CRS point system, you need to make sure that you have at least 67 points within the six selection factors of the federal skilled worker program. So this is an assessment that happens before you even go through the comprehensive ranking system assessment.

And the six selection factors they look at are obviously there’s duplication here, one English or French. Two English — sorry, one English or French, two education, three work experience, four age, five job offer, and six adaptability. And so these six factors are based on a different ranking scheme than the CRS, so pay attention to that, go to the CIC website; take a look at whether you meet that 67 point threshold to qualify for the federal skilled worker program. And then finally make sure that you have for federal skilled worker, that you have proof of funds, so that you’ve got sufficient funds to meet the minimum income levels required to settle in Canada.

Now the final one, and this is the easiest one if you are currently working in Canada is to show that you have at least 12 months of full time or equivalent in part time skilled work experience in Canada within the past three years, so couple of points to note. If you’re on an open work permit, and you’re working– performing– you know you’re self employed, or if you gained your work experience under a co-op program while you were studying in school, both of these do not count.

So self employment and work under a co-op you can’t count it towards your 12 months, towards the three years or 12 months of skilled working experience within the three years before applying. And who does that affect? Well, it affects our post grad work permit students, the ones who go to school, who are often at least on the co-op side have had experience working in jobs, so you have to wait until you’ve worked for a full year outside of school before you can qualify, all right. It goes without saying that while in Canada that works needs to be legal, and to a large extent it has the potential of disqualifying refugees.

So if you’re here as a refugee claimant and you get that open work permit to allow you to work while your claim is being assessed, you can’t use that work experience towards qualifying under the CEC. So disappointing at this stage, but I will you keep you posted if I learn anything else about transitioning from refugee status to permanent residence through express entry. And then finally with CEC the language requirements are pretty simple if you have a work experience and NOC Zero or A, then you need a CLB which is the Canadian Language Benchmark level 7, and that’s across all of those different factors.

If you have work experience under NOC B, then the skill– the comprehensive– oh sorry, the Canadian Language Benchmark has to be at level five. So just to recap, for the CEC program the Canada experience class if you have work experience in NOC zero or A, then the Canadian Language Benchmark must be 7. If it’s NOC B, then the CLB has to be five. All right great, so those are my tips. So obviously there are a lot of different ways of preparing for express entry, and there’s probably people that have different strategies, and different ways of collecting their documents, but from my experience if you follow these five short little steps, one you can save money without throwing it away, because you did not qualify under express entry.

You can save some money first to make sure that you really do qualify before you start spending it. So I hope these five tips have been helpful for you, there may be other suggestions that people have. I welcome your comments, and I’ll say this time and time again, I welcome people to provide input, to provide their experience, to share their stories, I love to hear those things. And hey if you’ve got anything that’s really, really applicable to what we’re talking about here, what we’re discussing, I’ll bring it on and we’ll talk about it in the next podcast. And with the world of CIC these days, it’s really challenging, because there’s no real clear policy on how you’re to cover off a lot of these different aspects of express entry, that are just not written anywhere.

So like I said the only way you can learn is by sharing your story, so please-please share your experiences, comment on this podcast, and ultimately share it with your friends and other co-workers if you think might be interested in hearing this. All right, now we’re going to shift to some questions from our listeners. The question that I have selected for this podcast comes from Desire; I’m going to call here Desire although her name is spelt Desire, D-E-S-I-R-E.

And once again this is another plug for you to go to the Canadianimmigrationpodcast.com website, or you can alternatively leave a message on my firm website ht-llp.com, and there is a widget on the side of the web page that indicates, “Ask an immigration question.” Go there, click on that thing; leave a voice message for me. If someone is having problems doing that, let me know, but that is wonderful way when I can have you ask your question, and I can put you right on to this podcast. I’m sure everybody would love to hear people’s real questions, rather than me trying to decipher their written emails.

But anyways this email is from Desire, and that she sent Friday September the 11th and its entitled “Spouses.” So she indicates, “Hello sir, I wish to ask if I can remove my spouses’ name from my application to express entry to have more points? The CIC already have his information on their website when I was applying for my work documents. I provided his name on my application when I was applying for my work permit. Can I give any excuse why I don’t want him to be in? I intend to enter, and then invite him when I have the permanent residence, thanks.”

Okay Desire, this is a great question, and I want to identify just one thing to clarify for those who are listening. So she indicated that she wanted to remove her spouse’s name from her express entry application, so that she can have more points. Well, when you’re assessing individual’s points through the comprehensive ranking system, single individuals get full points for some of the human capital factors, and the those who have family members they get– individuals get slightly less points in their personal capacity, and then their spouses are assessed to then make up the balance of those remaining points that a single individual would get completely right at the beginning.

So if you go to the CRS; Comprehensive Ranking System website, which I’ll post a link there as well, you’ll see how those points are broken down. So essentially for Desire she’s probably is saying that her husband is maybe going to have a little bit more trouble getting those points, and getting everything assessed, and it’s just easier if she goes through on her own first, and so she hopes that’s he can remove her husband now even though he’s fully on the radar of CIC, he’s been included with her application for a work permit, so they know he’s there, and she says, “Can I Give an excuse why I don’t want him to be in?”

Well Desire here’s the issue, if you do not want to include him within your express entry application and be assed, then there’s a way of doing that. So essentially what you do is when you’re in the express entry profile section, at the very top in grey boxes right in the middle you will a box that says, “Modify family information.” Click that box, then when you get to that site, go down to the bottom and click update information, and then it will take you to a questions that reads, “What’s your marital status?” Make sure that you keep married selected. You cannot and must not indicate that you’re not married when you really are. So make sure that that section is clicked, that it’s selected as married, then you click next.

Then it will take you to another question that says, “Is your spouse/common law partner included in this application?” And it’s at that stage that you select no. This will then take you back to your express entry profile, and you should see that your spouse should be removed from your profile, and they will not count towards your comprehensive ranking system points. So, but I want to reiterate, and it’s very important that everyone listens to this, this is– if there was anything that I could tell you about including a spouse or excluding them, this the single most important thing that you must consider.

You cannot indicate that you do not have spouse on a permanent residence application, go through the process, become landed as a permanent residence in Canada, and then go back and try to sponsor them. You must not, and you cannot do that because you will be forever barred from sponsoring them as a result of an operation of law, and the legal provision is section 117, subsection 9, subsection D of the Immigration and Refugees Protection Regulations. I will post a link to this in my show notes, but you must never ever fail to disclose, and have that spouse examined.

Now ultimately those things will take place at the end of your application, and it will delay your permanent residence a little bit, but as of 2002 when they instituted the new immigration and refugee protection act, and they changed the legislation for immigration in Canada, they instituted this section to catch people who are actually doing that. So Desire I think your worry is more about getting more points right off the bat, and not having to worry about things.

So you disclose your husband, you indicate that he’s not coming, and then you go through the process, and you can land and then sponsor him later, but you must make sure at all stages that CIC is fully aware that you do have a spouse, it’s just that they’re non accompanying now. That will leave you the option of sponsoring them one day in the future when maybe timing is better for you, but under no circumstance if you have a spouse do you indicate that you do not, because it will come back to bite you.

So this is a pretty– a little bit more fulsome answer than I usually give, so I’m only going to answer that one question in this podcast, and then we’ll save questions for next week for the other podcast that I’ll be releasing on Monday. I’d like to take this time to just provide a few other little announcements. Some of the upcoming speaking engagements I’ll be entertaining if you’re in Lethbrigde, September the 23rd at Lethbridge, Alberta. I will be speaking at the Human Resource Institute of Alberta’s Canadian Immigration Law event, so you can go the show notes, and there’s a link to register for that if you’re interested, members and non members are both eligible to attend.

I’ll be covering a number of different areas including express entry, foreign work permits, and just a great overview of the current state of the land when it comes to foreign workers, and immigration programs in Canada. Also in October from the 27th to the 28,th I will be running a workshop at the Canadian Institute Immigration and International Workers forum that’s located in Calgary, and I’ll also be speaking directly to HR managers and other companies, employers in particular regarding the new and ever increasing compliance factors and compliance measures that immigration is instituting within the foreign worker program. I’ll be trying to demystify some of those, and provide additional information so that companies can make sure that they are compliant.

All right, next podcast I have a question that I really-really want people to answer, and our next episode of the Canadian immigration podcast I’ll be discussing something that I think everybody is going to be very interested in, either because they’ve had experience with this, or are going to try to avoid it at all cost. And I’m going to be discussing the most common reasons people have their express entry applications refused. So if you recently had your express entry application refused, I’d love to hear what happened to you.

Leave a comment on the website; you can connect with me on Facebook, Twitter, LinkedIn, all that social media connections. Leave a message wherever it’s most convenient, ideally the commons section of this podcast would be ideal, but tell me why your express entry application was refused. I’ll select the most egregious refusals, and share my suggestion on how to fix the things that caused you grief. Now understand that express entry has been a real-real headache for many people, and sometimes we get bounce backs in applications when we have done nothing wrong, it’s just a computer glitch.

So I’d love to hear your reasons for refusal, what happened, share with us, let’s all learn together, and I’ll select some of the more egregious refusals, some of the worst ones, and see if we can offer any advice or strategies on how to improve that. I also want to reiterate that if you would like to ask me an immigration question, you can always leave that question on the website. There’s a number of different means which I’ve talked about, you can go to the little widget on the side panel of the immigration– The Canadian Immigration Podcast website, and click that and leave and audio message for me, a question.

You can also leave one through our– the form field on the website, or you could even go to the ht-llp.com website which is my law firm website, and leave a question there. I want to reiterate, yes I’m getting a few people who are asking me to assess their chances of obtaining express entry and their– of qualifying through– to being admitted in the portal and ultimately receiving an ITA. So people are wanting me to do comprehensive assessments of their unique background and circumstances, and unfortunately that goes beyond the general kind of applicability of what we’re trying to do here with this free resource.

If you would like me to go through and specifically assess your likelihood of qualifying, that is more on the side of legal advice, and so if you need that specific legal advice go to the ht-llp.com website, my law firm website Holthe Tilleman LLP, and you can go there and set up a paid consultation, and we can go through everything that you need. We can talk about the strategies that you’re looking at employing, we can develop long term plans, we can do all those things that you need, but this site and this resource is purely for general information purposes, just to help people just stay informed of what happening with immigration and what they need to do to give themselves the best chance of success when they do it themselves, so that’s the purpose of this site.

So if you can recognize that, please don’t get offended if I ask you to set up a paid consultation if I feel that your question is just too specific. But this is really designed to get questions from people that are generally applicable so that I can have the most benefit and help the most who are also experiencing those same types of problems. So that’s why we’re doing this. So yeah if you have a general question please-please leave it in the comment section of this podcast, or at any of the other various social media avenues that I’ve indicated.

Also I want to encourage you to subscribe to the Canadian Immigration Podcast on the website, and if you leave me your email address then I’ll forward you notifications whenever we have any changes that are occurring to the site, you’ll get instant notifications, you won’t have to keep coming back to the site to look for them. And also go to iTunes and subscribe to the Canadian Immigration Podcast on iTunes.

I would also love it if you would please just leave a review, good, bad I don’t care, leave those reviews, it helps me to rank higher within iTunes, and then make this more visible to other people who are experiencing the same challenges you are. So I’d love any comments or suggestions you also may have to make this podcast better, and so if you can share the love that would be awesome. Now finally I just want to remind everyone, I announced it in the last podcast that I did, but it is my intention to create a series of Canadian Immigration do it yourself guides.

These are going to be screen casted tutorials on all aspects of Canadian Immigration. The first one that I’m going to release November the 1st, so stay tuned is express entry, no surprises there right, the one that is causing most people the most amount of grief. So if you or anyone else you know is interested in learning more about this, and would like to be notified the moment this is ready, please go to the Canadianimmigrationpodcast.com website, register you email, and then I will notify you immediately when this comes– when this starts to come for release.

So we’re going to have a fantastic launch that will be prepared here shortly in the next few weeks here that will lead up to the actual release of the this express entry do it yourself guide, I’m super excited about it, I think it’s’ going to be awesome. I‘ve poured in all of the knowledge that I have, all of my tips, all of my strategies, that of my staff members as we’ve worked on these applications over the past year, and we’re really excited, super excited because this is going to be a way for us to reach far more people than we’ve ever been able to do before.

I’d encourage you to go back and listen to season one episode one, that I just recorded which explains my rationale for doing this, and I can’t tell you how much I love sharing this information, knowing that it has the potential to bless the lives of people out there. And ultimately it’s all about service; it’s all about trying to help you navigate the complexities of immigration, so that you don’t fall into the same traps that many clients I’ve seen fall into, because they came to me too late.

So this is a way that we can give back, like I said I keep saying I’m excited about it, but it’s fantastic, and I’m– I just can’t wait to read your comments and to hear how your experiences, and to hopefully provide you with some value and something that you can use and be happy with. So this is the end of this podcast, it’s Mark Holthe here sighing off, and until next time when I offer more practical tips and information on Canadian Immigration law, policy, and practice to help you along your way.
[/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]:

Hi Mark,   I am in the process of applying for PR to Canada. I am finishing my MBA in December and I am currently working in the IT sector as a Business Analyst  (California, US).

My questions are:

1. Does it matter what my grades were when I completed my Masters?
2. Is a Business Analyst considered as a skilled job in Canada ?
3. I have 5+ years of experience in Banking and IT , would that help my case?

[Tweet “Express Entry – Are grades important for ECAs”]

Listen to Mark Holthe’s Answer

In this episode, you’ll discover:

• the role grades play in Educational Credential Assessments
• whether a business analyst is considered a skilled job for Express Entry
• how to determine if your position is skilled for Express Entry
• our new Canadian Immigration Podcast song

Explore Additional Resources

In this episode we mentioned the following resources:

• Express Entry: http://www.cic.gc.ca/english/immigrate/skilled/index.asp
• Educational Credential Assessments: http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp
• National Occupational Classification System (2011): http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [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 ex-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.

Well hello there, welcome. Today is Friday September the 4th and this is the Canadian Immigration Podcast, the Canadian Immigration Answers edition. I have a question that I’ve received from Grove [ph]. And once again I’m going to encourage everyone to test out that “ask an immigration question” widget on the side of our website ht-llp.com, and you can leave a voice message for me and then I can transcribe it or cut and paste it right into the audio file here for my podcast, so that you don’t have to listen to me mispronounce your name. Grove’s question is as follows.

I am in the process of applying for PR to Canada. I’m finishing an MBA in December and I am currently working in the IT sector as a business analyst in California. However, he says, my questions are as follows. One, does it matter what grades I have obtained in my previous Masters, and he indicates he completed his Masters of Science and Finance from Scotland. He actually has two other questions, but I’ll start with that question.

Fortunately and I haven’t actually been asked this question in the past, Citizenship and Immigration Canada doesn’t concern themselves too much about the grades as long as the credential was received. So if you are to go forward which I would encourage, and obtain an Education Credential Assessment from one of the designated entities that are designated to do that by CIC, they will be able to confirm exactly what that would equate to for the purposes of applying for permanent residence in Canada. But with respect to that question and what grades you received those are irrelevant for the purposes of immigrating.

The second question is, as a business analyst, is this considered a skilled job in Canada. With many positions, it’s pretty straight forward to determine how they would classify in terms of the skilled or low skilled distinction that the department of Citizenship and Immigration Canada uses when determining who they want to apply for permanent residence and who they don’t. In the case of a business analyst, you can go to the National Occupational Classification system, and make sure that you are looking at the 2011 edition, because that is what’s used for the purposes of permanent residence right now with CIC. And you will see that business analysts are classified under the National Occupational Classification system as not code 1122 under the professional occupations in business management consulting.

If you go to the matrix on the NOC 2011 website, and you open that up, and you search for the unit group associated with this position, you will see that it falls under skill level A, which is the occupations usually requiring a university education. So for the purposes of business analysts, yes indeed they would qualify for express entry as being skilled work.

And then the third question is, I have five plus years of experience in banking and IT. Will that help my case? Well in all circumstances, what Citizenship and Immigration Canada is looking at is whether or not you have skilled work experience. So the experience that you’ve acquired here Grove in banking and IT would have to be at the skilled level. And once again you take the job that you performed; you look at the duties that you performed, and find the corresponding position profile that is listed within the government of Canada’s National Occupation Classification system version 2011.

All right, I hope this answered those initial questions for you and anyone else who had similar related questions. Now I want to encourage you to go to my website www.ht-llp.com, and leave a question of your own if you would like me to answer it. If your questions are fairly general in nature, I do try to turn them around in the version of a podcast. However if they are really specific, then often I’ll have to tell you that we would actually need to set up a paid consult, because the type of information I would be giving is related mostly to your specific case and wouldn’t be of general use to necessarily to everyone that’s listening to this podcast.

So I hope you can understand that when you do get that email back, but if you do have general questions regarding anything related to permanent residence or work permits or really anything related to Canadian Immigration. If I don’t have the answer, I can probably figure out who’s best to answer that for you. I also wanted to let everyone know that very shortly we will be releasing a new website called the Canadian Immigration Podcast hosted by myself Mark Holthe. I’m really excited about that. It should be released in the next couple of days. And yes, thank you for that question Grove and I look forward to answering further questions in the future. Take care.

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.
[SONG]
Oh Canada, greatest country in the world,
We want to share, the richness of your soil,
This place I love my home and native land,
We welcome all and with you we’ll stand,
We’ll set you straight with love, policy, and practice,
Here on the Canadian Immigration podcast.

I am your guy, for info that’s up to date,
Help with your forms, or whatever you might need.
This place I love my home and native land,
We welcome all and with you we’ll stand,
We’ll set you straight with love, policy, and practice,
Here on the Canadian Immigration podcast.

To visit work or learn and grow,
If you need help we’ll meet your goals,
We’ll hold your hand; we’ll make it so,
Here on the Canadian Immigration podcast,
Here on the Canadian Immigration podcast.
Here on the Canadian Immigration podcast.
[/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 free publication, we offer practical tips and strategies useful to HR Professionals when accessing the Temporary Foreign Worker Program. You will find practical information to guide you in your efforts to manage risk and maintain full corporate immigration compliance. Further, we provide tips and strategies on preparing for employer compliance reviews that will most assuredly come in greater volume as the government places greater emphasis on program integrity and the promotion of local labour over foreign nationals. Click here to download free.                  

Canadian Immigration Short Guides

What to do when your Canadian visa application is rejected.

If you are one of the unfortunate people that has just had their Canadian visa application refused, it can be one of the most frustrating experiences of your life. Travel plans are spoiled and the hopes of being reunited with distant friends and relatives are in serious jeopardy. And to make matters worse, the form rejection letter provides only a vague reference to an officer’s belief that “you would not leave Canada at the end of your stay.” You know there must be more to it than that. If only there was a way to get a copy of the visa office file materials so that you could learn the “real reasons” your application was rejected. Well there is a way to get those file materials and I’m going to show you how! Click Here to Download

Welcome to the  Canadian Immigration Podcast 

Click on the links below to listen to an episode.

Canadian Immigration Podcast

Whether you are an HR Manager seeking a little insight on the foreign worker program, a foreign national exploring opportunities to immigrate or remain permanently in Canada, or a Canadian citizen seeking information on how to sponsor a spouse from abroad, there is something here for you.

Periodically, Canadian Immigration Lawyer Mark Holthe addresses various topics related to Canadian immigration law, policy and practice. Having previously worked as an Immigration Officer with Citizenship and Immigration Canada on the Canada/US border, he uses this valuable experience to offer insight into many aspects of the complex and sometimes confusing area of Canadian Immigration Law.

Over the past few weeks, there has been a significant increase in the desire for legal consultations with our office. Because we believe in giving back to our community and helping those who may not be able to afford the legal fees of an immigration lawyer, we have set up this podcast to provide general answers to some of the most common questions we receive every day. With high volumes of visits to our site in the last few months, it is not possible to respond directly to everyone’s questions despite how much we want to. The Canadian Immigration Podcast was created to offer free advice to those who need it most.

However, if you would like to hire our law firm to provide legal representation when submitting applications to Immigration, Refugees and Citizenship Canada, we would be happy to book you in immediately to speak with Mark Holthe. Call us at 1-403-328-1441 or fill out a schedule a consultation form here.

Canadian Immigration Podcast

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Contact Mark through the Traditional Methods:

E-mail: mholthe@holthelaw.com

Business phone: 403-328-1441

Subscribe to the Canadian Immigration Podcast

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Why I started the Canadian Immigration Podcast

The Internet is full of people offering information and asking you to pay them for it. It becomes increasingly difficult to know who you can trust and what actually carries value. The world of Canadian immigration is no different. It is virtually impossible for an individual to discern which representative is truly best suited to help them.

How can someone really know if the person they are choosing to hire knows what they are doing, or is simply a smooth talking imposter. You may try to rely on referrals from friends that have had a positive experience utilizing a certain representative. However, if you don’t have any direct referrals, you can also try to see if they have published any articles or written papers or blogs on immigration or presented at immigration conferences. One important fact may be whether or not they are recognized as a leader within their own profession and the extent to which they are asked to speak at their own industry conferences teaching their own peers, whether lawyer or consultant.

I think you understand what I am getting at. The internet is full of immigration consultants and lawyers with flashy websites and fancy information videos. So after giving it some thought, I realized that the only way people will be able to know whether or not I know what I am talking about is to freely share useful information as often as I possibly can. It is for this reason that I created the Canadian Immigration Podcast.

In this weekly podcast, I offer practical advice on the latest changes to Canadian law, policy and practice. I often invite amazing guests, who are leaders in their field of immigration, to share insight and strategy on navigating the complex world of Canadian Immigration. It is extremely rewarding to showcase some of the top immigration minds in the country and watch as they demystify this complex area of law.

This Podcast is designed to create a platform where people can come to be educated about Canadian immigration in a place they can trust. Subscribe to the Podcast and enjoy the very best knowledge and insight on Canadian Immigration as it is shared freely and openly to the benefit of not only immigration lawyers, consultants, and HR managers, but anyone with a keen interest in understanding the crazy world of Canadian Immigration.

Who I really am!

One promise I made to myself is that I wanted my clients, the listeners to my podcast to know who I really am. There is nothing more irritating to me than these nameless, faceless, websites offering Canadian immigration services without disclosing who will actually be preparing the applications. It is pretty hard to build a relationship of trust with a company. People build relationships of trust and confidence with people. In our world of hyper privacy, it has become almost a sin to share anything personal about yourself on a “professional website.. Well, I do not subscribe to this philosophy. As such, I have shared below a little bit about myself. Possibly a little bit more than my wife would want me to share; however, that’s just how I’m wired.

I’m a farm boy. I grew up riding horses, chasing cows, and moving irrigation pipe across our alfalfa fields in beautiful southern Alberta. I had three brothers and no sisters. We were the wild Holthe Boys to all who knew us. We lived a completely carefree life swimming and fishing in the river that flowed by our house and basically doing what farm boys do. I loved playing sports as a kid. In fact, I wanted to be a high school Physical Education teacher more than anything because of my love for sports. I played just about every sport I could. The only time I had to choose was when the seasons conflicted. I loved Track and Field and Volleyball the most.

I played collegiate volleyball on the Men’s team at the College in Lethbridge, Alberta in 1991 and then again in 1994-1996, when I served as Captain of the team in my final year.

I had the privilege of competing in the 1992 Canadian Olympic Trials for High Jump in Montreal just prior to the Barcelona, Spain Olympic games. I was completely out of my league at those trials; however, Athletics Canada gave me a B Carding as a result of my performances the previous year (I jumped 2.05m which was the Olympic Standard that year). That carding paid for my flight and gave that farm boy his first taste of flight and travelling outside of our little community. Coming from an entirely English speaking rural farming community, Montreal was like being in a different country. It was one of the most prized experiences from my youth.

That summer following the Olympic Trials, I made one of the best decisions of my life. I decided to serve a full time mission for my church (The Church of Jesus Christ of Latter-day Saints). On October 14, 1992 I left my home and had the amazing experience of serving in Portugal for two years. Much of who I am today is as a result of that wonderful experience. I grew to really love the people and in return they gave me a wonderful second language that has helped me to appreciate the challenges people experience as they attempt to learn English as a second language when immigrating to Canada.

Following my mission I returned home where I married my beautiful wife Dianna. We have four children, two girls and two boys. Making a better life for them was one of the main reasons I decided to become a lawyer. However, law was not my first career. I spent my undergraduate degree preparing to be a high school physical education teacher. I worked for one year before deciding to completely shift gears and go to law school. Its amazing how the responsibility of providing for a family can change a person’s focus in life.

After having completed the first year of law school and having worked during the summer on the Canada/US border as an immigration officer, I made the decision to focus my law practice  to Canadian immigration. I did this because it gave me an opportunity to work with people in a way that made a real difference in their lives. There is no greater feeling than that.

I am now the founder of my very own Canadian Immigration Law firm, Holthe Immigration Law. It was over 15 years in the making; however, I think I have finally stumbled upon the perfect structure to allow me to practice in the way I have always known was best. If you would like to hire me or another one of our amazing immigration lawyers to work with you in a collaborative fashion to resolve your various immigration needs, click here to GET STARTED.

I am excited to utilize my teaching background and experience as an immigration officer to enhance what I now do as an immigration lawyer through my speaking engagements, podcasts, and blogs. I count myself blessed every day for the opportunities I have been given.

If you want to learn more about me and how my immigration team can help you,  please click here.

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Listen to Mark Holthe’s Answer

[UPDATED: April 1, 2017]

Express Entry has now been in existence for a little over two years. We have learned a lot of very harsh lessons from how Immigration, Refugees, and Citizenship Canada has been processing applications. The most important overriding lesson is that IRCC will show no mercy to anyone submitting deficient applications. Failing to include a document, regardless of how insignificant, can result in the application be returned, or outright rejected on its merits.

Great care must be taken when submitting an Express Entry application.

Where to find the best  Express Entry information and resources

If you want to read the proposed legal provisions (if you are interested in that kind of thing) they are found here. Although I am a lawyer, don’t get the idea that I enjoy reading them. I do it because my clients expect it and to practice immigration law with any degree of competence, you need to understand the actual regulations and law governing the immigration process and not just accept, at face value, an officers interpretation of what they think it is – especially when you are faced with a refusal of your application.

With this being said, not everyone can make sense of statutory language, so the best source of information is the official Express Entry Website that provides excellent information in a way that most of us can understand. You will want to examine carefully the section describing how the Comprehensive Ranking System (CRS) works. This will give you a very good idea as to the factors CIC considers most important for foreign nationals desiring to immigration to Canada under one of our Economic Class programs.

In future blogs I will spend more time breaking down the CRS formula including how to increase your score through improving your core “Human Capital” and “Skill Transferability” factors.  However, with the high number of Temporary Foreign Workers running out of time due to the April 1, 2015 cap, the only thing that really matters is how to ensure your application is complete and ready to submit on January 1, 2015 (or the earliest possible time after EE is launched) so that there is a chance of getting drawn as soon as possible.

Let’s face it, for many TFWs, time is just about up and this may be your last chance at remaining in Canada permanently (See my Blog entitled “Temporary Foreign Worker Program – 4 Year Cap is Looming: Top 5 Ways to Stay” if you would like other ideas on how you might be able to stay legally).

Authorized representatives and slick Express Entry marketing plans

With the impending launch of Express Entry, it is not surprising that all sorts of amazing marketing strategies are popping up all over the Internet.  Immigration lawyers and consultants are clambering to attract the attention of foreign nationals looking to engage a reputable representative to guide them through the Express Entry process. Although the decision to hire an authorized representative depends on a number of important factors, I would strongly encourage you to be very cautious engaging any firm or other immigration group that does not have their actual immigration professionals listed clearly on their website. I believe foreign nationals are taking a great risk when engaging a faceless entity to assist them with some of the most important decisions of their lives.

Make sure you know exactly who is representing you and who will be working on your file. It doesn’t matter if the lawyer or consultant managing the firm has 5000 years of experience in immigration. If their paralegal or other support staff are the ones completing the application, without direct oversight and ongoing training from that lawyer or consultant, the vast experience of that principal is ultimately meaningless. So choose wisely, not cheaply.

I must admit that I have been quite surprised at how quickly these new Express Entry marketing websites, entertaining videos and wide assortment of infographics have surfaced. In the vast majority of cases, the information is just a summary of the information contained within the CIC Express Entry website. However, some of the professional videos that have been produced by my colleagues within the immigration bar are quite impressive. In fact, after watching these informational videos on Express Entry,  I think CIC should adopt them and put them on the official Express Entry website. They are really well done.

So how can my little firm compete?

So as I sit here late at night feeling considerable “website/video envy”, wondering how my awesome little firm (with our simple little website) is going to compete with the slick marketing campaigns of my much large and sophisticated competitors, I realize that maybe I really don’t have to compete at all.

Maybe all I need to do is focus on what I do best!

I just need to keep writing informative blogs and releasing useful podcasts (you can subscribe to my “Canadian Immigration Podcast” and my “Canadian Immigration Answers” podcast on iTunes) that actually give people useful tips and strategies for navigating the soon-to-be troubled waters of Express Entry.

Express Entry minefields examined in future blogs.

However, notwithstanding the information and strategies I explain in this blog, candidates need to understand that although the government goes to great lengths to make the Express Entry process appear simple with no need to hire a representative to assist them, in fact, there are a number of potential minefields that can trip up an unsuspecting candidate and cause them to be, at best, bounced from the candidate pool and, at worst, barred from applying under the program for a minimum period of 5 years. However, I will also reserve the identification of these dangers for another blog.

This blog is all about knowing what you need to do now to give yourself the best chance of being selected early come January 1, 2015 when Express Entry is launched.

Top 5 things you must do now to increase your chance of getting drawn quickly for Express Entry

With the 4 year cap looming on April 1, 2015 and the corresponding desire of many TFWs to obtain PR status as quickly as possible in order to remain in Canada, I have provided below the top 5 things you need to do now in order to put yourself in the best position possible to file your application as soon as Express Entry opens on January 1, 2015.

1. Apply immediately for any critical third-party supporting documentation. In other words, if you have to request documentation from any outside agency, you are completely at the mercy of their processing times. As such, you must apply immediately because as more people start doing what you are doing, processing times will skyrocket. In order to submit your application you will need to have your supporting documentation ready. Although CIC may allow candidates to submit profiles without some original supporting documents, they will most definitely require proof that they had been applied for. The most critical of the “third-party” documents (things you need to apply for or book an appointment to get) include:

• Language Testing Results (LTR). This is probably the most important “third-party” document you will need to obtain. You have the option of taking the Canadian English Language Proficiency Index Program (CELPIP) or the International English Language Testing System (IELTS). You need only take the “General Test” for either option. Information regarding these tests can be found here. We have found that clients who learned English in the Americas generally do better with the CELPIP test as the accent is “Canadian” and often times easier to understand. The IELTS may be a little tougher because the accent tends to be more closely associated with continental English with its accompanying variations in terminology. Obviously if you learned continental English, the IELTS may suite you just fine.

[HINT: Sample CELPIP tests can be accessed here.]

[HINT: Sample IELTS test samples can be accessed here.]

• Educational Credential Assessments (ECA). Although ECAs are only mandatory for FSW applicants, a favourable ECA report will earn you more points for education on the CRS and improve your chances of being drawn. Once again, processing times are the real issue. With all of the credential assessment locations being inundated with requests, processing times are climbing all over the place. In some cases, there are delays of up to 3 or 4 months to obtain an ECA. Make sure to call around and specifically ask for processing times. CIC has provided a list of the designated organizations for ECAs here. Our latest experience suggests that the World Education Services may be one of the quicker options. However, you need to shop around. If you are desperate and running out of time and money is not an option, you may even consider submitting your credentials for assessment at multiple locations and take the results that come back the quickest. Obviously, one would expect that the assessments should be comparable. However, if they are not, then presumably you would use the one that provides the most favourable assessment.
• Police Clearances (PC). Depending upon the countries from which you need clearances, you must at the very least start the process and document all of your efforts. If you are applying through a jurisdiction where the process can take up to 3 months or longer, you will be able to submit evidence to support the fact you have applied for the clearances. However, if you do not keep copies of the efforts you are making to secure your police clearance, CIC will bounce your application if you have submitted nothing and are at the police clearance stage.

[HINT: Police Clearance information can be found here.

• Immigration Medicals (IM). Remember that immigration medical examinations must be obtained from a CIC designated Panel Physician. As is the case with ECAs and PCs, as candidates are rushing to complete IMs to finalize their PR applications, it will become increasingly difficult to book appointments with Panel Physicians. Book now so that you are able to get your IM right away. Immigration medicals are valid for a period of one year.

[HINT: The global list of CIC Panel Physicians can be found here.

2. Start collecting your civil status documents. Make sure that you have your birth certificates, marriage certificates (if applicable) and valid passports ready.

• Birth Certificates. One of the most troublesome of the civil status documents is the birth certificate. Most TFWs in Canada came to Canada by virtue  of their passport and as such, may not have their birth certificates readily available. As such, we often find our clients scrambling to locate their birth certificates back in their home countries and frequently end up having to order new ones if they are lost. This process can take time, so make sure that you have either your birth certificate in hand, can easily access it, or have ordered a new one. This advice would apply equally to marriage certificates as well.
• Passports. The problem with passports is that they have an expiry date. We have had a number of occasions where we were preparing to file a PR application for a client when we realized that the passport was expiring in just a few months. Make sure your passport is valid for at least one year. If it is not, we recommend that you take steps immediately to have it extended as CIC requires a passport to be valid for at least 6 months at the time of visa issuance. We know that CIC is going to be super strict when it comes to supporting documentation, so although we have been able to submit copies of expired passports in the past with an accompanying statement indicating that an application had been filed for an extension or a new one, I would strongly discourage doing this now as CIC will have no problem returning a person to the EE pool if a complete application has not been filed within the 60 day window.

3. Collect reference letters. Make sure that all reference letters meet the minimum expectations of the various PR programs. If you want to know exactly what the reference letters currently need to look like, go directly to the document checklists for each specific program – Canada Experience Class (CEC), Federal Skilled Worker Program (FSW), Federal Skilled Trades (FST). CIC has confirmed that they will not be making substantive changes to the CEC, FSW, or FST categories when EE is introduced. However, it is possible the some of these requirements could change. Given the consequence of further delays, it makes sense to get the letters in accordance with the existing instructions and then make any changes later in the event the document checklists are substantially changed by CIC. However, as I indicated previously, this is unlikely.

One of the areas that causes the most difficulty for foreign nationals is ensuring that they have properly matched their particular position with the correct National Occupational Classification (NOC) code. Please remember that CIC uses the 2011 NOC for the purposes of the Express Entry program, but the Temporary Foreign Worker Program uses the 2006 NOC. This distinction can be important if the duties and/or employment requirements for your position are different when comparing the 2006 NOC with the position profile for the 2011 NOC. Because of this distinction, be careful when relying blindly on the NOC code set out in your LMIA (LMO) confirmation. If you get the NOC code wrong, it could unravel your whole PR application and lead to a refusal thus placing you back into the EE pool.

Finally, in order to ensure a proper identification of your  position within the NOC, you must be able to demonstrate that you performed the actions set out in the “lead statement” for the occupation as well as a substantial number of the “main duties” of the occupation as set out in the occupational description of the NOC. If the duties do not match, the PR application may be refused.

4. Complete the existing PR application forms now. Identify the PR category or categories you feel you may qualify under and start completing all of the application forms as they currently exist.

We know that the EE application system will be electronic; however, it is highly probable that if you have taken the time to thoroughly complete the current application forms, this information will likely be the exact information you will need to complete the electronic based application materials once they are released. By completing the existing forms as a reference point, you can save considerable time after EE is launched because all you will need to do is transcribe the information from your forms into the EE electronic filing system.

There is nothing worse than having to waste valuable days attempting to recalling specific residential addresses and where you have travelled over the past 10 years. Depending upon your personal history, collecting this information can be extremely time consuming often necessitating the enlistment of family and friends living abroad to help in the search.

[HINT: Links to the EE eligible permanent resident programs are set out below:

Canada Experience Class

Federal Skilled Worker

Federal Skilled Trades

5. If you are running out of time, consider hiring an authorized representative. I recognize  that this may once again be a shameless plug for hiring our law firm. However, if you are racing to beat the Temporary Foreign Worker cap on April 1, 2015, you are going to need a lot of help. Not only are you likely working full time, but this will be your first experience applying for permanent resident status in Canada. It goes without saying that you can not afford to get it wrong. In fact, even if you get it right and manage to have your EE candidate profile placed into the pool, you may be missing out on critical human capital and skill transferability points without even knowing it. These points could make the difference between being extended an ITA and languishing in the pool until its simply too late and you have to return home.

Why hire Holthe Tilleman LLP?

As I indicated earlier in this blog, our firm does not have the resources to produce fancy videos, or the in-house talent to create slick infographics or other enticing marketing campaigns to entertain you or wow you with our sophistication. What we have to offer is what you see above – and we offer it freely.

Our desire is to provide tons of useful information and direction for those who want to “Do-it-themselves” while at the same time demonstrating to those interested in hiring an immigration representative that we know what we are doing and can actually help. If you want to learn more about the services we offer and why we feel we stand out from the crowd, click here.

Ask us a 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 Holthe

Partner, Holthe Tilleman LLP

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.

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian Immigration podcast episode 3. My name is Mark Holthe, and I’m an immigration lawyer with Holthe Tilleman in the beautiful province of Alberta, Canada. In this episode we are going to be talking about the express entry program that will be starting in January of 2015. As everyone is preparing for the program, this podcast is designed to give you tips and strategies on how to prepare now, so that you are ready when the program opens up to submit your application.

The title of the podcast is the top five things that you need to prepare now to increase your chance of early selection. Just recently Citizenship and Immigration Canada finally released the criteria that they are using to assess candidates who are applying under the Canada experience– the Canadian express entry process. For the most part we now have a pretty good idea what they are going to be looking for when they are extending invitations to apply or ITAs too for nationals who are applying and submitting their profiles into their express entry pool.

Now I’m not going to spend too much time going over the general program. There are an unbelievable amount of resources out in the public domain already that talk about the express entry program, and so I don’t intend to do that. The best location for information and resources on the express entry program is actually Citizenship and Immigration Canada’s main website. If you check my show notes that are attached to this podcast, I’ll have a number of different links that you can access to find these resources.

The express entry website contains a lot of excellent information, both directed towards employers and foreign workers or foreign nationals who are looking at utilizing this process of obtaining permanent residence status in Canada. There is also a link now to the comprehensive rankling system that will be used by the government when they are essentially ranking individuals against others within the pool to select what they determine to be the best and the brightest and the most applicable to our current labor market needs. I’ve also provided a link within the show notes to the regulations that are proposed and stipulate basically the legal foundation for the express entry program; obviously not everybody is into statutory interpretation, and reading the laws as they are drafted in statutory form.

Don’t get me wrong, as a lawyer I definitely don’t enjoy reading those, but the reality is my clients expect me to do it, and so I do in order to stay on top of everything. And in fact as far as I’m concerned having understanding of the laws that really drive immigration is critical to practice immigration law with any degree of confidence. So there is a link there for those of you who are into that kind of thing, but ultimately right now if you are looking for general information, the CIC website is really good. In other podcasts to come, I’ll address more factors related to the comprehensive ranking system including ways in which to improve your score with respect to the human capital factors and the skill transferability factors, which I won’t get into a lot of details here, but those are some of the factors the government looks at when they are determining which candidates they want to select for the program.

With the temporary foreign worker cap quickly approaching on April the 1st of 2015, I think the only thing that really matters to foreign workers that are currently working in Canada, at least those who are in skill level B positions, is how they can apply and what they need to do to get in as quickly as possible, so that they can find a way to stay here especially when their work permits are capping out, or their employers if they are in the food service industry or other service oriented industries, if their employers are employing more than 10% foreign workers, then their permits are not able to be extended either.
So there is a number of people that are looking at ways in which they can apply through this new express entry process, but at the end of the day this particular podcast is going to be focused on the things that we need to do right now to get ready so that when that program is released in January that you will be ready to submit your application right away and hopefully get selected within the first selection process.
With some of the employer outreach meetings that I have attended lately, they are indicating that the first draw from the express entry pool will likely occur at the end of January. So if you want to get your application in, I’m going to cover a few of the most important things that I feel you need t do right now before we even really know what they are going to be requesting when the application process is officially released.

Now as I scan through the web and I look at all the resources there it’s absolutely amazing, all of the marketing strategies that are popping up all over the internet, I was searching just the other day express entry, and it took me to this site and I couldn’t even tell if it was CIC or whether it was some other organization, but there was a box to click and you could register and provide your information, allegedly I guess to this organization so that they could start the process of preparing for express entry, but at the end of the day it took me a little while to dig back until I realized that it wasn’t Citizenship and Immigration Canada, but it was some other anonymous site. And it’s absolutely unbelievable how many different resources whether they are videos or infographics, describing the process or fancy websites, it’s quite amazing.

But one thing I would advise as you’re going through this process and if you are someone who’s looking at the express entry program, be careful who you use. Ultimately I’ve always felt that if a website is advertising their expertise with respect to Canadian Immigration, and there is no link directly to the professional, whether it’s a consultant or a lawyer who will be acting on your behalf, I would be very weary. Alternatively, many websites boast the number of years of experience that the firm has, the fact of the matter is whether you are a lawyer or a consultant, and your firm has 5000 years of experience in immigration, essentially if the paralegals or the support stuff are the ones that are completing the applications, and there is no direct oversight or ongoing training from that particular lawyer or consultant down to their support staff, well that vast experience that they are boasting really isn’t going to help you in any of it.

So choose wisely and not cheaply, is probably the best way to look at it. Now like I said I was pretty amazed with some of the amazing resources that are out there, and in particular some of the professional videos that have been produced by some of my colleagues at least are quite impressive. In fact as I was watching them I was thinking to myself boy CIC should adopt these and put them on the official express entry website, because they do an excellent job of explaining from a 10,000 foot level how the program is supposed to work.

So as I sit here late this evening doing this podcast, feeling a little bit of website/video envy wondering to myself how is my awesome little law firm going– with a simple website going to compete with this slick marketing campaigns of these larger sophisticated competitors. And as I thought about that a lot, I’ve come to realize it probably doesn’t even matter, I probably don’t even have to compete with them at all, and realistically I couldn’t I don’t have the resources to do it. So instead what I’m going to do it continue to focus on what I do best, and that is providing informative blogs, and releasing useful podcasts that actually give information that you can use to help you manage and work your way through this immigration process.
I also have and I’ll let you know now at this time that there is a separate Canadian Immigration Answers podcast that I created, and I realized that it probably made more sense to have a separate podcast just to answer all those questions that I get, and then reserve this one to talk about more higher level strategic information regarding the changes that Citizenship and Immigration Canada is making to all of their various permanent and temporary immigration programs.

So that is my goal, and hopefully if you like what you hear, and you get the idea that I know a little bit about what I’m talking about, then you will have what greater desire to consider booking a consult with our firm and using us. But at the end of the day the goal behind this podcast and the other blogs that I write and information that I provide is to allow people who want to do it themselves the opportunity to get some free advice and free information, and I’ll put the disclaimer out there this is general information, it’s not to be utilized for, or intended to be legal advice, because every person’s circumstances are different. And the only real way that proper legal advice can be given and relied upon is if the specific details of that person or your immigration situation is discussed in a consultation form.

So I put that out there, if you are interested in booking a consult with me any time, just go to our website, ht-llp.com and follow the links and set up a consult, I’d be happy to discuss any of your immigration needs. So enough of me talking about myself, and going out of my way to plug our firm, let’s get right into these top five things that you must do, really at this stage if you have any hope of increasing your chances of getting drawn quickly through the express entry process. So April 1st 2015 is the four year cap for a lot of people, but as I indicated not just those that have been in Canada for four years, but also those who are employed with companies that are up until the overhaul of the foreign worker program in June of this past year had a greater proportion of foreign workers than allowed.

So essentially 10% is the limit, any companies that have more than that, they are not going to be able to extend their work permits, and obtain new labor market impact assessments for their employees. Okay, so the first thing you must apply immediately for any critical 3rd party supporting documentation. So in other words these are documents that are outside of your control in terms of how fast you can get them. Some of the examples that come to mind immediately are the language test results, and so we know when it comes time to apply for the express entry program we need to have our language, our English language capabilities assessed. The government has sanctioned on the English side two organizations to administer these tests, the first is the Canadian English Language Proficiency Index program commonly known as CELPIP, and the other is the International English Language Testing System or IELTS.

So with each of those the general test is the one that you would take, and also within my show notes I’ve got some links to some sample tests and for both of those organizations. Ultimately you have to remember that if you are trying to get into express entry and you know you need language testing, and everybody is trying to get in as well, each of these 3rd party sources are going to be inundated, so don’t wait until January the 1st once you know for sure what’s required, we know English will be. So go ahead get that test, book it quickly, it will be valid for up to two years, so do it now and then you will have it and you won’t have to worry about it later, and it will save you time, and this is what we are trying to do. Collect the information that we need as much as possible in advance, so that when January the 1st rolls around you will be ready to hit the pavement running, and be ahead of the other ones racing to get their applications in.

Okay, so all underneath this third party, the first one which is obtaining the third party supporting documentation first is the language test results. Second is the educational credential assessment. So right now the federal skilled worker program is really the only one that specifically requires there ECAs or Educational Credential Assessments. However if you want to obtain more points under the human capital factors of express entry, you really need to get your credentials assessed, and right now the processing times with some of these testing locations has really climbed over the last little stretch. And so we are looking it up to three or four months with some of them in order to obtain that ECA.

Now our latest experience and I’ve provided a list within my show notes, that there is lots of links there that will take you directly to the source of information. I’m not going to regurgitate it here, I’m not going to basically restate everything that’s on the government website, my goal is to give you practical tips and show you where to find the information. But within that list I’ve designated organizations. The one that we found tends to turn things around the quickest right now is the world education services.

So it maybe a quicker option, however you need to shop around, and ultimately if you are in a situation where money isn’t the biggest issue but time is everything, please call around, ask for processing times, and if you’re just not sure there is nothing preventing you from making that request for an ECA from multiple organizations. So that’s a possible consideration too, and then obviously if you– it would be expected that the assessments that you get back are going to be comparable I would hope so, but in the event they are not then I guess you’ll take the one that’s most favorable to you.

All right, the next third party document is a police clearance. So depending on the countries where you need clearances from, processing times can be pretty high. So take a quick look and reach out to the organizations and get that started immediately. Obviously if you have filled your application or at least you’ve expressed an interest and submitted your profile into the express entry pool, if you are given an ITA you have only 60 days to get your permanent residence application filed. So there isn’t time for you to really start requesting police clearances at that late hour, especially when you are trying to get permanent residence as quickly as possible because you are capping put on your work permit.

So what you need to do is start the process now, if it’s going to take a number of months to get it, at least keep copies of all of the efforts you’ve made to request it. So if there is an application form, keep a copy of what you sent to the police authority, you can then use that evidence to support the fact that you’ve made the application and it’s our understanding that CIC will accept that if they’ve seen that you’ve already applied and you’re just waiting. But if you’ve done nothing and you reach the police clearance stage of your application, then and you are scrambling to get the police clearance, if you run out of time, you are going to get bounced right back into the pool and maybe not even get drawn again. So there is a link within the show notes as well, to the CIC website where it’s the basic information on attaining police clearances for various jurisdictions all throughout the world.

The last third party document is an immigration medical. These immigration medicals are valid for a year, so with express entry holding out that they will turn an application around in less than six months, it makes perfect sense to move forward and get that immigration medical and do an upfront medical right now. Remember that immigration medicals have to obtained from a designated panel physician within CIC. So CIC has identified doctors all around the world and they are specifically trained to do immigration medicals, and have the resources to electronically transmit those results to CIC.

So go to the show notes, there is a global list of those panel physicians and find the one that is closest to you, start booking appointments immediately, because the reality is just like all of these other things the more people that apply, the longer the processing times, and you are going to have a lot harder time booking an appointment for a medical if there is 1000 other people trying to do so as well. So book now. So that is step one, a pretty comprehensive tip.

Next number two is to start collecting your civil status documents. Now when I think about civil status documents, the ones that come to mind right off the bat are birth certificates. Normally you would think that birth certificates will not be a big issue, however when you think about it foreign workers that are here in Canada often do not require a birth certificate necessarily to apply for a work permit, their passport is sufficient. So while you are here in Canada and if you’ve been here for a number of years sometimes it might be difficult to get that birth certificate, in fact some countries do not even issue birth certificates in the way that CIC likes to see them. So it’s really important that you take whatever steps you need to right now, to either locate your birth certificate right away, request help from family or friends in your home country to obtain access to one, or if need be which is sometimes the case, you need to order a new one and this takes time.

So I recommend that you do that immediately, and this also applies to marriage certificates as well. So birth certificate and a marriage certificate if applicable, get on those right away. The next civil status documents are passports. Now you’d think what’s the big deal with the passport, I have my passport. Well check the expiry date. On occasion we are just about ready to file a permanent resident application for a client when we realize that the passport was expiring in just a few months. Well obviously CIC requires that passports be at least six months at the time of visa issuance. So if your passport is going to be expiring in one year or less, I strongly encourage you that you start taking steps to extend it or to renew it.

Ultimately we know CIC is going to be super strict with these express entry applications, and if you’ve gone through the process, entering your profile into the express entry pool, you are lucky enough to obtain an invitation to apply, and then you submit a permanent resident application only to have it rejected because your passport is not valid long enough, that would be just a terrible shame. So make sure that you don’t leave any stone unturned when it comes to ensuring that your application is complete. The consequences can be devastating especially if you are counting on that permanent residence application to go through, so that you could potentially qualify for a bridging work permit before your existing permit expired.

Now as I indicated before, you often will only have 60 days to file your permanent resident applications, and so once that ITA is granted or extended to you, you really have to move quickly, because otherwise you just will not have enough time to meet the deadlines. Now some people may say I know someone who was able to submit a copy of their existing passport that was going to be expiring, and then indicate to CIC that they would provide a copy of the new passport once it was obtained, and in the past without a doubt we did that all the time. But I just want to emphasize how strict they have told us at all of my national executive committee meetings with the CBA and other organizations, they have repeatedly instructed to us that they are going to be very strict.

So gone are the days where if something was deficient they would send a letter to you telling you what was deficient and holding your application. Now if there is something wrong with it, if you forgot a birth certificate, if you didn’t include the proper language assessment with your application, it would be returned, and you would be put back into the pool and who knows maybe by that time the quality of candidates will have increased and that pass mark to be selected may be beyond you. So we’re talking about, this is a really-really serious time when it comes to immigration, especially given the consequences for foreign workers that are going to be capping out.

Okay, third thing, third tip or I should say the third top thing that you can do is to start collecting your reference letters. We know that we need those reference letters to support our permanent residence applications, and that’s whether it’s under the Canada experience class, the federal skilled worker or federal skilled trade programs, and in all honesty even the provincial nominee program, those that support skilled workers through employer driven streams. So collect your reference letters, remember that each program whether it’s CEC, federal skilled worker, federal skilled trade, that each of them have little differences within what they want to see in those reference letters. If you go to the show notes once again, and you’ll be able to see links to the various document checklist. Follow those document checklists explicitly.

We have seen CIC refuse to accept reference letters when they have been deficient of those specific things that they want to see in them. Now I won’t go into detail as to how those letters are supposed to look. You can go to the document checklist and look at them, but just make sure that you if you know which program, which permanent residence program you’re ultimately shooting for, follow that checklist and you get those reference letters in place. Like I said given the consequences once again you just don’t want to take a chance.

Now it’s possible that CIC could change those document checklist after the new express entry program has been launched, however it’s pretty unlikely because they have told us in our meetings that and within all the materials they published on their websites that the basic permanent residence programs will not change. It’s just the imposition of this express entry scheme at the front end to allow them to choose who they want to apply for permanent residence. Now with these reference letters we also have some other concerns, part of the requirement when you are applying under these economic class is to show that you are working in a skilled occupation.

So this is something that I haven’t yet addressed, but if you are working in a low wage or low skill I should say occupation, you will not be eligible to participate through express entry. So food counter attendants, general construction laborers or trades helpers, these types of positions general farm laborers, will not be eligible to apply thorough express entry, you will have to turn to whatever provincial program maybe available to you. So with this process and knowing that you have to be working in a skilled occupation, Immigration Canada requires you to tell them which one you think it is.

There is a little bit of confusion with this, they use the national occupational classification code which is a comprehensive database of all of the positions that people can fill across the country. You have to slack which position matches the job you are currently filling. Now the confusion lies with the fact that there is a 2006 NOC and a 2011 NOC. Remember that CIC uses the 2011 NOC for the purposes of express entry. So when you are trying to track down which position matches yours, don’t just simply rely on the NOC hold placed in you labor market impact assessment confirmation if you have one. Don’t just rely on that because ESDC and the temporary foreign worker program uses the 2006 NOC. Now you will ask why is that? Why does the government for permanent applications use the 2011 NOC, and for temporary work applications use the 2006 NOC?

Well the answer to that question is really money, resources. The temporary foreign worker program was– all of the internal software that they use to generate LMIA confirmations, was all built, and engineered based on the old 2006 NOC, and the cost of switching over to the 2011 at this stage just didn’t make sense. So it was going to cost took much for the benefit. So we now have to deal with two separate NOCs and knowing which of them applies to what we are trying to accomplish when we are accessing the Canadian Immigration process. So be careful with that.

Now the final one that I will identify, at least the final concern with reference letters is the fact that your position truly has to match the position within the NOC. So how do you identify properly which one it is that fits for you? Well the law in the regulations immigration refugee protection regulations, specifically state that if you want the position to match, you must be able to demonstrate that you performed the actions set out in the leads statement for the occupation as well as a substantial number of the main duties listed for that occupation as it’s set out in the description on the NOC website. So you need to take a close look at that lead statement because you need to have completed all of those things that apply, and then a substantial number of the main duties.

If your position departs too far away from the position you feel is the match, then you’re probably off base and will need to look for a different one, this is a situation where we’ve seen a lot of refusals under the Canada experienced class, because they’ve not felt the person actually is performing the duties of a skilled worker, or the position that they’ve sought when in actuality they feel they are in more of a low skill position. So be careful and remember that if the duties don’t match, there is a good chance– a strong likelihood that the permanent residence application you’ve just filled is going to be refused. This process is not easy, it’s technical, it’s difficult. So pay close attention to it and follow the links, once again that I have in my show notes.
All right, here’s the fourth thing that you can do. Complete the existing PR application forms now. You are probably saying well isn’t this supposed to be an electronic system, so why I’m I completing the paper application forms? Well the reality is there is a significantly good chance that the information you’re collecting to fill in the forms now, whether it’s through the CEC or the FSW or FST regardless that the forms you are filling for these are going to be very similar to the information that will be contained in the new electronic filing system.

So if you take the time to go through and search out your history and look back at where you’ve lived for the past 10 years and your travel history, if you go through that process, and trust me it will take time if you’ve moved around a lot, you’ll then be in a far better position to simply transcribe from those forms right into the electronic application process, which will obviously save your time and get you in faster than people that haven’t. Now if you are anything like me it will take you quite a while to figure out what exactly all the addresses you’ve lived at for the past 10 years, and that will take time. So if you do this work now, you’ll be in a really-really good position. Within the show notes I’ve included links to the application forms for each of those three categories, CEC, FSW, and FST.

Now the last one and this one is once again self-serving, and it’s a shameless plug for hiring our law firm, but the reality is if you are running out of time, you really should consider hiring an authorized representative to help you. I recognize that the whole purpose of me doing this is to encourage you to consider hiring our firm. But even if you don’t chose to engage us, and you are running out of time, understand that that cap is coming quick and any little mistake that you make is going to be the difference between staying in Canada, or having to go home.

Now in most case, foreign workers here you are currently working fulltime, and this may be the very first time that you’ve ever applied for permanent residence status in Canada. So like I said it goes without saying that you can’t afford to get it wrong. By hiring an authorized representative, at least someone that’s competent to do it, they can be working on your behalf, they know or should know the system, and the basic information inside and out, and can make sure that your application is submitted properly, vetted properly, and that it is filled as soon as practical. Now obviously you want to speak with that firm, and make sure you’ve locked down some hard deadlines when things need to be done, but by engaging an authorized rep sometimes it can help considerably with getting things filled quicker, just because they know the ins and outs.

Obviously when you do applications yourself sometimes you think you’ve done everything right, and when it comes to filling within the express entry pool, you could very well have completed what you needed to do, and got your profile accepted within the pool, but you may have missed out on some critical human capital or skill transferability points without even knowing it. And these points could have made the difference between being extended in ITA or languishing in the pool until it’s simply too late enough you have to return home.

So that’s my fifth tip and I think it’s probably as valuable as all the previous four, but ultimately the purpose of this blog, the blog that I wrote on the specific topic, and this podcast is to give you some resources that you can use to do it yourself. Ultimately my goal is to at the same time demonstrate to those who are interested in hiring an immigration representative that I know what I’m doing and that our firm does. So if you want to learn more about our services, what we offer, the various types of ways we can support you, go to our website at ht-llp.com, and send me a message.

Alternatively if you do just have a couple quick questions or questions that are of a general nature, then go to our ‘Ask a question’ portal, and you can type in your information there or you can click on the side bar and leave a voice message for me on the ask an immigration question tab. I will respond to these questions in my other podcast entitled Canadian Immigration Answers, and I will try to answer those frequently as I often find people ask similar questions.

So that’s another free resource that we are trying to give out to people that maybe can’t afford to hire a lawyer, and still need assistance and there a lot of you out there, I know there are. If you have specific questions or immigration problems that need immediate attention, then it’s probably best that you contact our office and book a consult and fork over the $100 for a 30 minute consult. Understand that long before that consult I will give you an intake form, you’ll complete it and send it to me, and I will review it before our meeting, so that 30 minutes is used to the absolute most efficient manner possible. And obviously stay tuned for our future blogs, and future podcasts on express entry and a wide variety of other Canadian immigration topics.

So this concludes this third episode of the Canadian Immigration podcast. Don’t forget to subscribe to it on iTunes and also to the Canadian Immigration Answers podcast. We’d also encourage you to like us on Facebook, and connect with me through LinkedIn and follow me on Twitter. This is Mark Holthe, a partner with Holthe Tilleman LLP, and I look forward to our next podcast.
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Question [Holthe Tilleman LLP website]:

I am a foreign worker in Canada since 2008 and am currently working in Canada on a low-skill / low wage work permit. Can I qualify for the new Express Entry program when it is released in January of 2015?

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You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to Canadian Immigration Answers. My name is Mark Holthe, I’m an immigration lawyer with Holthe Tilleman in the beautiful province of Alberta Canada. Our first question today reads as follows, I’m a foreign worker in Canada since 2008, and I’m currently working in Canada on a low skill or low wage work permit. Can I qualify for the new express entry program when it is released in January of 2015? Well, the short answer is probably no. The express entry program has been reserved for foreign workers working in Canada on skilled work permits.

Now although the labor market impact assessment process now uses a high wage, low wage classification system for determining how work permits are going to be issued, when it comes to permanent residence, they still go by the old high skill low skill classification. So if your work permit is issued as say a food service supervisor, or some type of a supervisor within construction, or other industries, those occupations are still considered skilled. So in the case of this individual who has been in Canada since 2008, it is possible that maybe your employer might be able to promote you to a skilled position within the company.

And although your wage may still be classified as lower wage based on LMIA determination, you could still find yourself reaching the threshold to quality under express entry. Now what we know about express entry is that it’s going to follow a human capital model, in other words they will look at your education, your language ability, they will look at your work experience, and a number of other factors to give you a certain set of points. Now those who are on skilled labor market impact assessment work permits will be given a bunch of additional points to help you qualify.

In fact it’s our understanding that individuals on skilled work permits who have LMIAs will be given preference. And although it won’t be an automatic, for the most part those individuals would be able to benefit from fast processing of your permanent residence, and in fact even under six months. So the final answer unfortunately to this individual, if you are working in a low wage position, or a low skill position, you probably will not be able to successfully apply through the express entry program.
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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.

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This episode discussed the recent changes to the Canadian Temporary Foreign Worker Program on June 20, 2014.

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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.

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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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