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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.

243 - CIP 141: Major Shifts in Canada's Start-Up and Self Employed PR Programs with Pantea Jafari
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  • 243 - CIP 141: Major Shifts in Canada's Start-Up and Self Employed PR Programs with Pantea Jafari

    Episode 141: Impacts of the Closure of the Self-Employed Persons Program and Changes to the Startup Visa

    Host: Mark Holthe
    Guests: Alicia Backman-Beharry, Pantea Jafari
    Date: May 13, 2024

    Introduction: Welcome to Episode 141 of the Canadian Immigration Podcast. In this episode, we dive into the recent changes and closures of two significant immigration streams: the Self-Employed Persons Program and the Startup Visa Program. Joining me today are Alicia Backman-Beharry and special guest Pantea Jafari, who brings a wealth of experience from her extensive work with self-employed candidates.

    Key Topics Covered:

      Recent Changes to the Startup Visa Program:

      The government's announcement on April 29 regarding new restrictions. Cap introduced on support by business incubators, venture capital, and angel investor groups, limiting them to endorsing only 10 startups each. Introduction of priority processing for members of Canada's Tech Network.

      Closure of the Self-Employed Persons Program:

      Sudden closure of the program as of April 30, leaving many potential applicants and stakeholders in a lurch. Discussion on the implications of the closure and the government's lack of notice. Pantea Jafari's insights into the potential reasons behind the closure, including the targeting of specific demographics and concerns over program costs.

      Discussion on the Government's Approach:

      Examination of the government's pattern of responding to program issues. Impact of these changes on Canada's image as a destination for innovative businesses and cultural professionals. The future of these immigration streams and possible government reforms.

      Advice for Affected Individuals:

      Strategies for individuals who were considering these now-closed or altered pathways. Discussion on alternative immigration options and the importance of seeking timely and expert advice.

    Conclusion: Mark, Alicia, and Pantea discuss the broader implications of these immigration changes and what the future might hold, especially with an upcoming election that could influence immigration policies further.

    Join Us Next Time: Don't miss our next episode, where we will continue to explore the latest developments in Canadian immigration law and policy. Subscribe to stay updated!

    Links to Resources

    Book a consultation with Holthe Immigration Lawhttps://www.holthelaw.com/consultation  Contact Information for Pantea Jafari's Officehttps://jafarilaw.ca/contact-us/  IRCC Program Changes (SUVs and Self-Employed PR)https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/04/changes-to-the-start-up-visa-and-self-employed-persons-programs-to-help-reduce-backlogs-and-improve-processing-times.html  Express Entry Accelerator 2024https://www.canadianimmigrationinstitute.com/express-entry-landing-page 
    Tue, 14 May 2024
  • 242 - 140: What if I am not invited in an Express Entry Draw?

    Podcast Episode 140: What if I am not invited in an Express Entry Draw?

    Host: Mark Holthe
    Guest: Alicia Backman-Beharry

    Introduction:

    Welcome to another episode of the Canadian Immigration Podcast. In today’s episode, we delve into what happens if you are not invited in an Express Entry draw, a pertinent question for many amidst the high CRS scores of recent general draws.

    Key Points:

      Overview of Express Entry:

      Explanation of the Express Entry system, which started in January 2015. It is designed to manage applications for Federal Skilled Worker Program, Canadian Experience Class, Federal Skilled Trades Program, and some Provincial Nominee Programs.

      Challenges with Express Entry:

      Discussion on the high CRS scores making it challenging for individuals outside Canada to qualify. Emphasis on the need for strategies to improve chances of receiving an ITA.

      Strategies to Improve CRS Scores:

      Possibility of increasing language scores, gaining additional work experience, and pursuing higher education. Consideration of provincial nominee programs for additional points.

      Category-Specific Draws:

      Insight into how targeted draws based on specific criteria such as occupation or language can offer alternative pathways to receive an ITA.

      Alternatives to Express Entry:

      Exploration of other immigration pathways including provincial nominee programs, family sponsorship, and temporary work permits.

      Future of Express Entry:

      Discussion on potential changes and the importance of staying informed about immigration policies and category-specific draws.

      Role of Immigration Lawyers:

      How consulting with an expert can provide personalized guidance and strategies tailored to individual circumstances.

    Conclusion:

    Recap of the importance of having a strategic plan when navigating through the complexities of Express Entry. Reminder to stay informed and proactive in managing one's immigration journey.

    Resources:

    Express Entry Accelerator Course Canadian Immigration Institute YouTube Channel

    Next Episode Preview:

    Join us for the next episode where we will discuss the impact of recent changes in immigration law on temporary foreign workers in Canada.

    Listen and Subscribe:

    Available on Apple Podcasts, Google Podcasts, Spotify, and directly on the Canadian Immigration Podcast website.
    Tue, 30 Apr 2024
  • 241 - 139: Making Sense of Filipino TFW Exit Visa Requirements with Lou Janssen Dangzalan

    Title: Making Sense of the Filipino Temporary Foreign Worker Exit Visa Requirements

    Introduction: Welcome back to another episode of the Canadian Immigration Podcast. Today, we delve into one of the most complex aspects of immigration for Filipino workers—the exit visa requirements. This episode, which is also available as a vodcast on our Canadian Immigration Institute YouTube channel, features a special guest, Canadian Immigration Lawyer Lou Janssen Dangzalan.

    Key Highlights:

      Introduction of the Department of Migrant Workers (DMW):

      Lou explains the recent establishment of the DMW in the Philippines, which now handles the affairs of Filipinos working abroad. This department evolved from the Philippine Overseas Employment Agency, centralizing services under one department.

      Understanding Overseas Filipino Workers (OFWs):

      Discussion on the concept of OFWs, their importance to the Philippine economy, and the legal framework that defines and governs their employment abroad.

      Exit Visa Requirements:

      A comprehensive overview of the Philippine government's requirements for Filipinos working overseas, including the necessity for exit clearances and how these regulations impact both workers and their foreign employers.

      Direct Hiring Ban and Exemptions:

      Insight into the Philippine Labor Code’s stipulations against direct hiring by foreign employers and the specific exemptions that allow for direct recruitment under certain conditions.

      Enforcement Mechanisms:

      Lou discusses how the Philippine government enforces compliance with employment regulations for OFWs, including blacklisting non-compliant employers and recruitment agencies.

      Implications for Employers and Workers:

      Practical advice for both employers and Filipino workers on navigating the complexities of compliance to ensure smooth and legal employment practices.

    Conclusion: This episode sheds light on the critical but often misunderstood regulations affecting Filipino workers abroad. Understanding these rules is essential for ensuring compliance and avoiding legal pitfalls in the recruitment and employment of OFWs.

    Additional Resources:

    Visit the Canadian Immigration Institute YouTube Channel for more insights and discussions on various immigration topics. For detailed information and assistance with Canadian immigration matters, consider booking a legal consultation through www.holthelaw.com. Book a consultation with Lou Janssen Dangzalanhttps://www.ljd-law.ca/about 

    Don’t forget to subscribe to our podcast on platforms like iTunes and Spotify and leave a review if you found this episode informative. Share this episode with anyone who might benefit from understanding more about Filipino exit visa requirements and the broader implications for international employment practices.

           

     

     

    ADDITIONAL RESOURCES MENTIONED IN THE PODCAST:

    Labor Code of the Philippines: (Art.18. Ban on direct-hiring): https://www.ilo.org/dyn/travail/docs/1131/Labor%20Code%20of%20the%20Philippines%20-%20DOLE.pdf

    Book a consult with Lou Janssen Dangzalan: https://www.ljd-law.ca/consultation

    DMW Advisory 09/2024 - Documentation of Filipinos as OFWs under Canada’s Immigration Programs/Systems: https://dmw.gov.ph/resources/dsms/DMW/ISN-EXT/2024/DMW-ADVISORY-09-2024.pdf

    Tue, 30 Apr 2024
  • 240 - 138: Budget 2024 - Top 6 Immigration Takeaways

    Welcome to Episode 138 of the Canadian Immigration Podcast. In this episode, Mark Holthe and Alicia delve into the freshly released Budget 2024 to unearth the key takeaways impacting immigration. They offer insights into the potential directional shifts in policies based on where the government is channelling its financial resources.

    Key Highlights:

      Stabilization of the Refugee System: Discussion on the government's dual strategy to reduce asylum claims and manage the expulsion of individuals with denied claims. Mark and Alicia consider the impact of recent steps such as the visa requirements for Mexican citizens and changes in legislation affecting the immediate cancellation of temporary resident visas upon issuance of removal orders.

      Sustainable Immigration Strategy: With a focus on a more sustainable approach to immigration, the podcast addresses the current imbalances in the system, particularly in the International Student Program, which is now under strict scrutiny.

      Support for Newcomers: The budget has earmarked funds for legal aid to assist individuals with immigration proceedings, and $50 million for the recognition of foreign credentials, signalling a move toward better integrating skilled immigrants into the Canadian workforce.

      Adjustment of Temporary Resident Intake: The podcast discusses the federal government's unprecedented move to set targets for temporary resident levels in an effort to manage intake and improve processing times, with an emphasis on transparency and policy planning.

      Focus on Economic and Community Integration: This segment explores how the government's financial commitments indicate a desire for improved integration of immigrants into Canada's economic fabric and community support networks.

      Targeted Draws: The discussion here is on the government's continued focus on targeted draws within the Express Entry system, which favours certain economic sectors and specific NOC codes known for chronic labour shortages.

    Bonus Point:

    Fee Increases: The podcast closes with a bonus discussion on the planned increase in government fees for immigration applications and the implications for potential immigrants and practitioners in the field.

    For more insights and updates on Canadian immigration, visit Joorney Business Plans at www.joorney.ca with the code HOLTHEJOORNEY10 for a discount on business plan services, or book a legal consultation at www.holthelaw.com. Don't forget to subscribe to the Canadian Immigration Institute YouTube channel for live Q&As that occur every Wednesday at 10:00am MT. 

    If you need any immigration legal advice, please feel free to book a consultation with our firm Holthe Immigration Law: https://www.holthelaw.com/consultation

    Thu, 18 Apr 2024
  • 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
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