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Canadian Immigration Podcast

Canadian Immigration Podcast

Mark Holthe

This podcast is all about Canadian Immigration law, policy, and practice. Periodically Canadian immigration lawyer Mark Holthe will address various topics related to the Canadian immigration process. If you are looking for up-to-date information on where the government is going with the latest round of changes, this is the place to come. If you are looking for specific answers, tips to completing IRCC application forms, and other useful information, visit the Canadian Immigration Answers podcast also on iTunes or visit our website at www.holthelaw.com.

239 - 137: Flagpoling - The Good, the bad, and the ugly
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  • 239 - 137: Flagpoling - The Good, the bad, and the ugly

    Welcome to Episode 137 of the Canadian Immigration Podcast. In this deep dive, your host, Canadian immigration lawyer Mark Holthe, along with co-host Alicia Backman-Beharry, unpack the complexities and risks of flagpoling, a practice many temporary residents in Canada consider for swiftly adjusting their immigration status.

    Key Highlights:

      Understanding Flagpoling: Flagpoling involves leaving Canada, usually at a U.S. land border, and re-entering to activate a new immigration status or extend the current one without the lengthy processing times typically experienced through inland applications.

      Legislative Changes in 2024: Discover the recent legislative updates that have increased the stakes for individuals considering flagpoling, with potential drastic consequences like the automatic cancellation of visas and permits upon the issuance of a removal order.

      Be Prepared: Learn the importance of arriving at the border with all necessary documents well-organized and ready for inspection, including the means to pay any associated fees.

      Honesty is Key: Mark and Alicia emphasize being transparent and truthful with border officers, as misrepresentations can lead to application refusals and other severe consequences.

      Respect and Politeness: Understand the human element of interacting with border officers and the significance of maintaining courtesy, even when faced with challenging situations.

      Knowledge is Power: Applicants are urged to fully understand their application and the flagpoling process, ensuring they can clearly articulate their reasons for flagpoling to the border officers.

      Avoid Peak Times and Be Patient: Timing can be everything; choosing off-peak hours to flagpole could result in a smoother experience. Patience is also vital, as wait times can be lengthy.

      Follow Instructions: Being attentive and following border officers' directions can prevent misunderstandings and make the process more straightforward.

      Clear Communication and Understanding Rights: Keeping communication clear, especially regarding the search of electronic devices, which officers have broad authority to inspect.

      Last Resort with Risks: Flagpoling should be considered a last resort due to the high risks involved, especially for those with complex immigration situations or who have previously overstayed or worked without authorization.

    Conclusion: Flagpoling is not a one-size-fits-all solution and can present significant risks for those who attempt it without fully understanding the process or being prepared for potential negative outcomes. This episode sheds light on the nuances of this practice and provides valuable guidance for temporary residents and their advisors to navigate this high-stakes process with greater awareness and caution.

    For more insights on flagpoling and other Canadian immigration matters, follow Mark Holthe's insights and updates at Canadian Immigration Institute.

    Remember, each immigration case is unique, and it’s advisable to consult with a knowledgeable immigration lawyer before proceeding with flagpoling or any significant immigration decisions.

    Book a consultation: https://www.holthelaw.com/consultation

    Fri, 12 Apr 2024
  • 238 - 136: The Future of Immigration in Canada 2024

    Show Notes for Canadian Immigration Podcast Episode 136: The Future of Immigration in Canada 2024

    Welcome to Episode 136 of the Canadian Immigration Podcast. In this episode, Mark Holthe and Alicia Backman-Beharry discuss the future of immigration in Canada as we continue into 2024, focusing on recent announcements by Immigration Minister Sean Fraser and the potential impact on temporary and permanent residency pathways.

    Key Highlights:

      Minister's Speech on Immigration Intentions: Immigration Minister Sean Fraser delivered a speech outlining the government's intentions for immigration, emphasizing the need to balance economic needs with humanitarian commitments.

      Breakdown of Temporary Resident Numbers: Analysis of temporary resident numbers reveals that 42% are international students, 9% are under the Temporary Foreign Worker Program, 44% are under the International Mobility Program, and 5% are Asylum seekers. The government aims to align temporary residence with economic goals.

      International Student Restrictions: The government has implemented restrictions on international students, including caps on study permits, increased minimum funds requirements, and limitations on spousal work permits. These measures aim to reduce the number of international students and ensure that schools focus on programs contributing to the workforce.

      LMIA Restrictions: The government has reduced the LMIA validity period from 18 months to 6 months, forcing employers to be more efficient in their recruitment and limiting the number of temporary foreign workers.

      Asylum and Humanitarian Restrictions: The government is considering restrictions on asylum seekers and humanitarian pathways, focusing on linking internationally recognized refugees with Canadian employers through the Economic Mobility Pathway for Refugees (EMPP).

      Future Plans for Temporary and Permanent Residency: Minister Fraser announced plans to expand the immigration levels plan to include both temporary resident arrivals and permanent resident arrivals. The government aims to ensure a robust pathway to permanent residency for those wishing to make Canada their long-term home.

      Practical Advice for Temporary Residents: Temporary residents in Canada should focus on improving their language skills, especially French language, securing employer support for LMIAs, and applying for work permits and post-graduation work permits promptly to maximize their chances of transitioning to permanent residency.

    Conclusion:

    The future of immigration in Canada is undergoing significant changes, with the government aiming to align temporary and permanent residency pathways with economic needs while maintaining humanitarian commitments. International students, temporary foreign workers, and asylum seekers should stay informed about policy changes and seek legal advice to navigate the evolving immigration landscape.

    For more information and assistance with Canadian immigration matters, you can book a consultation with Mark Holthe or Alicia Backman-Beharry through the following link: https://www.holthelaw.com/consultation

    Mon, 01 Apr 2024
  • 237 - 135: Humanitarian and Compassionate Applications - When all else fails!

    Show Notes for Canadian Immigration Podcast Episode 135: Humanitarian and Compassionate Applications - When All Else Fails!

    Welcome to Episode 135 of the Canadian Immigration Podcast. In this episode, Mark Holthe and special guest Ronalee Carey, a Canadian immigration lawyer based in Ottawa, discuss the intricacies of Humanitarian and Compassionate (H&C) applications in Canada. This episode provides valuable insights for those considering an H&C application as a last resort for obtaining permanent residency in Canada.

    You can watch the video of this episode on the Canadian Immigration Institute YouTube Channel. 

    Key Highlights:

      Understanding H&C Applications: H&C applications are for individuals who are inside Canada and have compelling humanitarian or compassionate grounds that justify granting them permanent resident status. These applications are considered when other immigration pathways are not available or viable.

      Eligibility: Anyone inside Canada can apply for an H&C application, regardless of their status. However, there are specific exclusions, such as individuals with failed refugee claims within the first year and those inadmissible due to security concerns.

      Factors Considered: Immigration officers consider several factors, including establishment in Canada, ties to Canada, best interests of children, adverse country conditions, health considerations, consequences of family separation, inability to leave Canada, and unique or exceptional circumstances.

      Supporting Documents: Essential supporting documents include evidence of establishment in Canada, ties to family members, impact on children, country condition reports, medical reports, and any other documentation that supports the humanitarian and compassionate grounds of the application.

      Approval Chances: The approval rate for H&C applications varies, and it's important to note that these applications are highly discretionary. Success depends on the strength of the case and the compelling nature of the humanitarian and compassionate grounds presented.

      Process: H&C applications undergo a two-step process. The first step assesses the humanitarian and compassionate grounds, and if approved in principle, the applicant can apply for a work permit. The second step involves admissibility checks, including medical, criminal, and security screenings.

      Considerations: It's crucial for applicants to understand that H&C applications should be a last resort. Applicants must have exhausted all other immigration options, and the application should be well-documented and compelling to have a chance of success.

      Legal Advice: Given the complexity and discretionary nature of H&C applications, it's advisable to seek legal advice from experienced immigration lawyers to assess the viability of the application and ensure it is properly prepared and presented.

    Conclusion:

    Humanitarian and Compassionate applications are a complex and discretionary aspect of Canadian immigration law. They offer a potential pathway to permanent residency for individuals who have compelling humanitarian or compassionate reasons and have no other viable immigration options. Understanding the factors considered, preparing a well-documented application, and seeking legal advice are crucial steps in navigating this challenging process.

    For more information and assistance with Canadian immigration matters, visit Ronalee Carey's website at Ronalee Carey Law or watch this episode on Mark Holthe's Canadian Immigration Institute YouTube Channel at Canadian Immigration Institute.

    Wed, 27 Mar 2024
  • 236 - 134: Top 10 Essential Tips for Employers of Foreign Workers

    Show Notes for Canadian Immigration Podcast Episode 134: Top 10 Essentials for Employers with Foreign Workers

    Welcome to Episode 134 of the Canadian Immigration Podcast, where hosts Mark Holthe and Alicia Backman-Beharry discuss the Top 10 Essentials employers should know when hiring foreign workers. This episode provides valuable insights and guidance for employers navigating the complexities of Canadian immigration law as they try to retain their workers in a volatile market.

    Key Highlights:

      Provincial Registration: Employers in British Columbia, Manitoba, and Saskatchewan must be provincially registered to employ foreign workers. This process can take several months and is crucial for compliance. Licensed Recruiters: Employers must work with bonded, licensed recruiters when hiring foreign workers. Ensure that the recruiter is properly licensed and bonded to avoid penalties. Understanding the Program: Know whether you are hiring under the International Mobility Program (IMP) or the Temporary Foreign Worker Program (TFWP) as it affects the hiring process and timeline. Plan Your Timing and Retention: Strategically plan your hiring process to ensure timely recruitment and retention of foreign workers. Consider long-term immigration goals and ensure proper work authorization. Employment Agreements: Have clear employment agreements in place that outline the terms of employment and compliance with immigration requirements. Compliance with Employment Standards: Ensure adherence to Employment Standards Code and Workers' Compensation requirements to provide a fair and safe workplace for foreign workers. Maintain Substantially the Same Employment Conditions: Employers must maintain the same employment conditions as stated in the LMIA or employment contract to avoid non-compliance. Workplace Free of Abuse: Create a workplace culture and policies that ensure foreign workers are free from physical, emotional, or psychological abuse and have access to healthcare services. Access to Healthcare Services: Ensure that foreign workers have access to healthcare services, especially if they become injured or ill at the workplace. Get Help from Experienced Immigration Lawyers: Stay up to date with immigration law changes and ensure compliance by seeking assistance from experienced immigration lawyers.

    Conclusion:

    Employing foreign workers in Canada requires careful planning, compliance with various regulations, and a commitment to providing a supportive work environment. By following these top 10 essentials, employers can navigate the complexities of immigration law and create a successful and compliant hiring strategy.

    Stay tuned for more updates and insights on Canadian immigration law, policy, and practice. Visit Holthe Immigration Law for more information and assistance with your immigration needs.

    Tue, 26 Mar 2024
  • 235 - 133: AAIP Tourism and Hospitality Stream

    Welcome to Episode 133 of the Canadian Immigration Podcast, where we dive into the newly announced Alberta Advantage Immigration Program (AAIP) Tourism and Hospitality Stream. Host Alicia Backman-Beharry and guest Igor Kyryliuk discuss the implications of this new stream and provide valuable tips for potential applicants.

    [NOTE: As of the release of this episode, the AAIP has confirmed the first phase of the program is now closed. If filled extremely fast, but the AAIP will open future opportunities under this program as soon as the existing applications have been processed. It will be important to monitor the AAIP website carefully so that you are ready when the program opens once again. https://www.alberta.ca/tourism-and-hospitality-stream ] 

    Key Highlights:

    Introduction of the Tourism and Hospitality Stream: Alberta has announced a new stream under its PNP, targeting individuals working in the tourism and hospitality sector. This stream is set to launch on March 1, 2024, and is expected to have a limited number of spots available. Eligibility Criteria: To be eligible for this stream, applicants must have been working for a tourism and hospitality business for at least six months and meet criteria to establish themselves in Alberta permanently. Additionally, they must have a valid full-time, non-seasonal job offer from an approved employer operating within the appropriate industry. Preparation Tips: Applicants should start collecting documents related to their work experience, such as reference letters from employers, pay stubs, T4 slips, and proof of funds. It's also crucial to ensure that their job falls under one of the 18 targeted National Occupation Classification (NOC) codes and that they meet the wage requirements for their occupation. Intent to Reside and Ability to Settle: Applicants should gather evidence to demonstrate their ties to Alberta, such as a lease agreement, driver's license, or connections to family members in the province. This will help prove their intent to reside and ability to settle in Alberta.

    Important Tips for Applicants:

      Create an Alberta.ca Account: Ensure you have a basic, unverified alberta.ca account ready for when the stream launches. Understand Your NOC and Wage: Make sure your job matches one of the eligible NOC codes and that you meet the wage requirements. Gather Proof of Employment and Job Offer: Collect documents to prove your past employment and obtain a job offer from an Alberta employer in the tourism and hospitality sector. Prove Intent to Reside and Ability to Settle: Show your ties to Alberta and your commitment to living in the province. Tell the Truth: Always be honest in your application and ensure consistency with previous applications to avoid misrepresentation.

    Conclusion:

    The new Alberta PNP Tourism and Hospitality Stream offers a promising opportunity for individuals working in this sector to establish themselves permanently in Alberta. By following the tips provided in this episode and preparing thoroughly, applicants can increase their chances of success in this competitive landscape.

    Stay tuned for more updates on Canadian immigration law, policy, and practice, and a special thanks to our sponsor, Joorney Business Plans, for their continued support.

    Take action: Sign up for the Express Entry Masterclass and check out the Express Entry Accelerator 2024 course to gain comprehensive knowledge and guidance on managing your application: https://www.canadianimmigrationinstitute.com/express-entry-landing-page 

    Contact Information:

    Legal consultations: www.holthelaw.com YouTube Channel: Canadian Immigration Institute

    Stay tuned: For more insights and guidance on Canadian immigration, and remember to use the sponsor's code for a discount on professional business plan services.

    Mon, 04 Mar 2024
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