Canadian Immigration Podcast

Mark Holthe
Canadian Immigration Podcast

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.

  1. CIP 162: Time's Up Series - New measures to support construction industry

    5D AGO

    CIP 162: Time's Up Series - New measures to support construction industry

    Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe breaks down the latest immigration measures introduced by the Liberal government, focusing on their impact on temporary residents, construction workers, and Canada’s housing crisis. With a late Friday night announcement (as usual), Minister Marc Miller introduced new initiatives that aim to support the construction industry, but many are questioning whether these measures are fair to legal workers already in Canada. Mark takes a deep dive into the government’s plan to expand the Out-of-Status Construction Worker Pathway beyond the Greater Toronto Area. While the goal is to address the labor shortage in housing, many legal workers—who have followed the rules—are being left behind. Mark is also joined by Miguel, a newly landed permanent resident and carpenter in the GTA, who shares firsthand insight into the real state of construction jobs in Canada. His shocking experience contradicts the government’s claim that there is an urgent need for more workers. If you’re a temporary resident, construction worker, or someone frustrated with the ongoing changes in Canadian immigration, this episode is a must-listen. Key Topics Discussed 🏗️ Canada’s Plan to Support the Construction Industry The Liberal government has introduced new immigration measures to help address the country’s housing crisis. A Tripartite Advisory Council will be formed, including government officials, union representatives, and industry leaders, to guide new pathways for workers. Temporary measures introduced to allow foreign apprentices to study without a study permit. 🚧 The Out-of-Status Construction Worker Pathway – A Fair Solution? The existing pilot program in the GTA has already granted PR to 1,365 individuals. Expansion of the program means more undocumented workers may now qualify. Why does the government seem to be prioritizing undocumented workers over legal temporary residents? Could this program encourage more people to stay illegally in Canada? 📉 What This Means for Express Entry & Legal Workers The government has set a goal to reduce immigration numbers, yet they are opening PR pathways for undocumented workers. Fewer ITAs? Why this program may take spots away from Express Entry candidates who have followed the rules. The impact on category-based draws: Will the focus shift even more towards construction and skilled trades? 💰 Temporary Foreign Workers & Apprenticeship Program A new policy now allows certain foreign workers in the construction industry to complete apprenticeships without needing a study permit. Who qualifies, and how does this change affect current workers looking for PR pathways? Could this be a better way to integrate legal workers rather than prioritizing undocumented individuals? ❓ Does This Really Solve Canada’s Housing Crisis? Miguel, a carpenter from the GTA, shares his experience of losing work despite the government claiming there is a desperate need for construction workers. Mark discusses whether immigration policy alone can fix the housing shortage. Are bureaucratic red tape and high building costs a bigger issue than a lack of workers? How government priorities might be missing the mark. Key Takeaways ✅ The Out-of-Status Construction Worker Pathway is expanding beyond the GTA, but at what cost? ✅ Legal workers, including temporary foreign workers and international graduates, are struggling to find PR pathways. ✅ The apprenticeship exemption is a great step forward for legal workers in trades. ✅ Immigration levels are being reduced, yet undocumented workers are now getting PR pathways. ✅ Canada’s housing crisis is about more than just labor shortages—government inefficiencies play a huge role. Quotes from the Episode 📢 Miguel (Carpenter, GTA): "I’ve been in construction for years, and right now, work is drying up. I haven’t had a job since February. I keep getting messages from friends asking if I know where they can find work. So if we don’t even have jobs, why is the government saying we need more workers?" 📢 Mark Holthe: "This program is rewarding the wrong people. What about the workers who have followed the rules? What about those struggling to get PR while working legally in Canada?" Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult Enroll in the Express Entry Accelerator and Masterclass Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don’t miss future episodes on policy changes, strategies, and practical advice for navigating Canada’s immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

    1h 25m
  2. CIP 161: Express Entry Getting it Right - Show me the money - Settlement Funds

    5D AGO

    CIP 161: Express Entry Getting it Right - Show me the money - Settlement Funds

    Episode 161 Show Notes Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry dive deep into one of the most common and misunderstood aspects of Express Entry—settlement funds. Misconceptions about proof of funds often lead to rejected applications, unnecessary delays, and missed opportunities for permanent residence in Canada. Mark and Alicia break down who needs to show settlement funds, how much is required, how to prove financial stability, and what happens if you don’t have the necessary funds. They also explore changes to proof of funds policies, the implications of the recent immigration shifts, and practical strategies to ensure compliance with IRCC’s strict requirements. If you’re applying for Express Entry, understanding proof of funds is critical. Whether you’re applying under the Federal Skilled Worker Program (FSW), the Federal Skilled Trades Program (FST), or the Provincial Nominee Program (PNP), this episode will give you the insights you need to avoid costly mistakes. Key Topics Discussed 🔎 Who Needs to Provide Settlement Funds? If you’re applying under FSW or FST, proof of funds is mandatory. If you were invited under the Canadian Experience Class (CEC), settlement funds are NOT required. Special considerations for PNP nominees—when do you need to show proof of funds? Common mistakes in identifying your program category when receiving an Invitation to Apply (ITA). 💰 How Much Money Do You Need? The latest 2024 settlement funds requirements (and why these figures change every year). The impact of exchange rate fluctuations—why you should always have a buffer. Calculating family size correctly—including dependent family members who aren’t accompanying you to Canada. How having a spouse’s funds can work in your favour (and when it doesn’t). 📜 How to Prove Settlement Funds? The must-have details your bank letter should include (and what happens if your bank doesn’t provide these details). How to deal with multiple bank accounts and financial institutions. Loans, credit cards, and liabilities—how IRCC evaluates your financial position. How long do you need to keep the funds in your account? ❓ What If You Don’t Have Settlement Funds? Can you borrow money from a friend or family member? The difference between a loan vs. a gift—why this distinction matters for IRCC. The Gift Deed: What it is and how it protects your application from refusal. Alternative pathways if you’re short on funds—exploring job offers, PNPs, or study permits. 🛑 Common Pitfalls and How to Avoid Rejection Why settlement funds should be liquid and readily available—assets like property and vehicles don’t count. Maintaining proof of funds throughout your Express Entry process—why an officer might still ask for proof at landing. What to do if your funds temporarily dip below the required amount. Key Takeaways ✅ FSW and FST applicants must provide proof of settlement funds—but CEC applicants do not. ✅ Settlement fund requirements change annually—always check the latest figures. ✅ IRCC evaluates both assets and liabilities—outstanding debts can impact your financial eligibility. ✅ If your funds are in your spouse’s account, you must provide an authorization letter. ✅ Your proof of funds should be available from ITA to landing—officers may check at any point. Quotes from the Episode 📢 Mark Holthe: "If you think settlement funds are just a checkbox, think again. IRCC officers are looking for financial stability—don't let a simple mistake ruin your Express Entry dream." 📢 Alicia Backman-Beharry: "It's not just about showing the money; it's about proving it’s truly yours and available. The last thing you want is a refusal over an avoidable financial oversight." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult Enroll in the Express Entry Accelerator and Masterclass Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don’t miss future episodes on policy changes, strategies, and practical advice for navigating Canada’s immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

    37 min
  3. CIP 160: Express Entry Getting it Right - 2025 Category-Based Draws

    MAR 1

    CIP 160: Express Entry Getting it Right - 2025 Category-Based Draws

    Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Igor Kyryliuk dive into the latest category-based Express Entry draws and the major changes announced by IRCC. With some occupations removed, new categories introduced, and controversial priorities in focus, Mark and Igor break down what’s changed, who benefits, and who is left scrambling for options. With the Provincial Nominee Program (PNP) allocations slashed, IT occupations removed from STEM draws, and French language candidates dominating Express Entry invitations, it’s more important than ever to understand where you stand and what your best strategy is moving forward. Key Topics Discussed Breaking Down the Category-Based Draws: What’s Changed? The removal of key occupations, including software engineers and truck drivers. New additions: Education occupations and… insurance agents in STEM? The government’s shifting immigration priorities—is this about labor shortages or politics? Who Wins, Who Loses? Winners: Francophones, healthcare workers, and some skilled trades. Losers: IT professionals, transport workers, and general skilled workers without category-based eligibility. The huge gap in the job market—are these changes actually solving Canada’s labor shortages? French Language Dominance in Express Entry The disproportionate number of draws for French speakers—why is this happening? 74 extra CRS points for French proficiency—is it fair compared to LMIA-based job offers? How this impacts non-French-speaking candidates and Express Entry cut-off scores. Strategic Advice: What You Can Do Next How to pivot if your occupation was removed from the draw list. Exploring alternative programs—should you switch to PNPs, study permits, or job offers? Why leaving Canada could actually be your best path to PR in the future. The importance of tracking Express Entry trends and adapting quickly. Key Takeaways ✅ Express Entry priorities have changed—adapt or risk losing your chance at PR.✅ STEM draws are no longer a safe bet—most IT occupations have been removed.✅ French language remains the biggest Express Entry advantage—74 bonus CRS points.✅ Healthcare and trades still have strong demand, but some workers are left out.✅ Strategic planning is critical—book a consult to explore your best path forward. Quotes from the Episode Mark Holthe:"How did insurance agents and brokers make it into the STEM category while software engineers got removed? Somebody, please explain this to me!" Igor Kyryliuk:"If you think Express Entry is stable and predictable, think again. IRCC can change the game at any time, and you need to be prepared." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don’t miss future episodes on policy changes, strategies, and practical advice for navigating Canada’s immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

    1h 38m
  4. CIP 159: Express Entry Getting it Right - Police Clearances

    MAR 1

    CIP 159: Express Entry Getting it Right - Police Clearances

    Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry kick off the Express Entry Getting It Right series by tackling one of the most misunderstood aspects of Express Entry: Police Clearance Certificates (PCCs). Many applicants mistakenly assume they know when and how to submit police certificates—only to have their applications refused due to errors. Mark and Alicia break down the IRCC requirements, clarify common misconceptions, and provide essential tips to ensure you get it right the first time. With Express Entry becoming even more competitive and IRCC enforcing strict completeness checks, one mistake could cost you your ITA and delay your PR process. Key Topics Discussed Why Are Police Clearance Certificates Important? The role of PCCs in verifying admissibility under Canadian immigration law. Who needs to provide PCCs—principal applicants, spouses, and dependent children over 18. The risk of criminal inadmissibility and how it can impact your PR application. When and How to Obtain Your Police Clearance Certificate Understanding the 10-year rule—when police certificates are required. Why a PCC must be issued after your last stay in a country for 6+ months to be valid. Special cases: What to do if you currently live in the country requiring a PCC. How IRCC handles PCCs for certain high-risk countries (e.g., Mexico). Common Mistakes That Lead to Refusals Submitting a PCC issued before leaving the country—why this leads to rejection. Failing to provide PCCs for dependent children 18+. Assuming a PCC is valid if it has no expiry date—IRCC’s rules differ from local laws. Misreporting time spent in a country—how incorrect address history can trigger a PCC request. Practical Tips to Avoid PCC Pitfalls Start early! Some PCCs take months to process. Follow country-specific IRCC guidelines carefully—common pitfalls with the UK, Australia, and South Africa. If a PCC isn't available before ITA deadline, provide proof of best efforts. Always submit in full colour—black-and-white scans can lead to refusal. Double-check official names of the PCC to avoid IRCC rejecting the wrong document. Key Takeaways - PCCs are mandatory for Express Entry applicants and must follow IRCC’s strict timing rules.- Six-month rule: PCCs are needed for any country where you've stayed six months or more in a row in the last 10 years.- A PCC must be issued after your last departure from the country to be valid.- Mistakes = Refusal. IRCC will return your application as incomplete if PCCs are missing, incorrect, or outdated.- Start early! Delays in obtaining PCCs can derail your PR process. Quotes from the Episode Mark Holthe:"Submitting an Express Entry application without the correct police certificate is one of the most common mistakes we see—and IRCC has no mercy when it comes to refusing incomplete applications." Alicia Backman-Beharry:"The six-month rule is now in a row—not cumulative. Many people still get confused and risk losing their ITA because they misunderstand this critical requirement." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don’t miss future episodes on policy changes, strategies, and practical advice for navigating Canada’s immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

    36 min
  5. CIP 158: Express Entry Getting it Right - Certificate of qualification points

    FEB 20

    CIP 158: Express Entry Getting it Right - Certificate of qualification points

    Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry continue the Time’s Up series with an in-depth look at the Certificate of Qualification (COQ) and how it affects Express Entry points. Many applicants mistakenly assume they qualify for the 50 additional CRS points—only to have their applications refused. Mark and Alicia break down the eligibility criteria for claiming these points, common mistakes applicants make, and the step-by-step process for obtaining a legitimate COQ from a Canadian province or territory. With IRCC’s tightening immigration policies and the elimination of job offer points on the horizon, getting this right has never been more important. Key Topics Discussed Understanding the Certificate of Qualification What is a Certificate of Qualification, and who needs one? The critical difference between a provincial professional license and a trade certificate of qualification. Why doctors, nurses, and other regulated professionals do NOT qualify for these points. Express Entry Eligibility: Do You Really Get Those 50 Points? The specific trades that qualify for COQ points under Express Entry. Language requirements: Why a CLB 7 or higher is essential for claiming the full 50 points. How miscalculating your CRS score can lead to refusals and lost opportunities. Common Mistakes and How to Avoid Them Clicking “Yes” to having a COQ when you don’t—why this leads to refusals. Assuming a professional certification (e.g., nursing, accounting, law) qualifies for trade points. Failing to obtain the COQ before submitting an Express Entry profile. How to Properly Obtain a Certificate of Qualification The step-by-step process of getting a COQ in British Columbia as a cook (example case study). Differences in provincial regulations—where and how to apply. The role of Red Seal certification in cross-provincial trade recognition. The Future of Express Entry: What’s Changing? The upcoming removal of job offer points and its impact on Express Entry. Why trade workers may have an advantage in future Express Entry draws. The shift towards category-based Express Entry draws—what trade workers need to know. Key Takeaways Not all certifications count as a Certificate of Qualification—only specific skilled trades qualify for points. You must obtain the COQ before claiming points—falsely claiming it can lead to a refused application. Language scores matter! If your CLB is below 7, you won’t get the full 50 points. With job offer points disappearing, trade workers may benefit from Express Entry changes—but only if they have a proper COQ. Consult an immigration professional before applying—small errors can cost you your chance at PR. Quotes from the Episode Mark Holthe: "There’s nothing worse than filing your Express Entry application, expecting 50 points for a Certificate of Qualification, and then getting a refusal because you never actually qualified." Alicia Backman-Beharry:"Professions and skilled trades are NOT the same thing. If you’re a doctor or a nurse, you do NOT qualify for these 50 points—it’s as simple as that." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don’t miss future episodes on policy changes, strategies, and practical advice for navigating Canada’s immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

    21 min
  6. CIP 157: Time's Up Series - Applying for a BOWP? Don't make these costly mistakes

    FEB 12

    CIP 157: Time's Up Series - Applying for a BOWP? Don't make these costly mistakes

    Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry continue their Time’s Up series with a deep dive into one of the most misunderstood aspects of Canadian immigration: bridging work permits. They break down the key differences between Bridging Open Work Permits (BOWPs) and Bridging Closed Work Permits, highlighting the common mistakes that can lead to costly refusals. With tightening immigration policies and minimal room for error, Mark and Alicia emphasize why understanding these distinctions is critical for temporary foreign workers transitioning to permanent residency. They also provide insights into employer responsibilities, the impact of Provincial Nominee Programs (PNPs), and the importance of maintaining legal status in Canada. Key Topics Discussed Understanding Bridging Work Permits What is a Bridging Work Permit, and who qualifies? The difference between Bridging Open and Bridging Closed Work Permits. Why not everyone with an expiring work permit is eligible for a bridging permit. Eligibility Criteria The specific requirements under Regulation 205(a) for LMIA-exempt work permits (BOWP). When a Regulation 204(c) letter from the province is needed for a closed bridging work permit. How Provincial Nominee Program (PNP) restrictions on employment impact eligibility. Common Mistakes and How to Avoid Them The dangers of applying for the wrong type of bridging permit. How missing documentation, like an A-series number from the employer, can lead to refusals. Why many applicants only realize their mistakes after it’s too late to fix them. Employer Responsibilities and Pitfalls Why employers sometimes withdraw support at critical moments. The importance of employer compliance in the Employer Portal for closed permits. What happens when employers get cold feet—and how it impacts your PR application. Changing Employers During PR Processing The risks involved when switching jobs while your PNP application is in progress. How a restrictive PNP nomination can lock you into an employer-specific permit. The critical need to consult legal professionals before making any employment changes. Strategic Advice for Maintaining Status How to ensure you remain legally in Canada during your PR application process. The importance of proactive planning to avoid falling out of status. When leaving Canada voluntarily may be the best option for preserving future immigration opportunities. Key Takeaways Choosing the wrong bridging work permit can lead to refusals, putting your ability to work—and your permanent residency application—at risk. Employer support is crucial: If your employer refuses to submit the necessary documentation for a closed permit, you could lose your ability to work. PNP restrictions on employment can dictate whether you’re eligible for an open or closed work permit. Always double-check your nomination letter for restrictions. Changing jobs during PR processing without proper guidance can result in losing your nomination and jeopardizing your entire application. Staying proactive is essential. Consult with immigration professionals early to avoid last-minute issues that may be difficult—or impossible—to resolve. Quotes from the Episode Mark Holthe: "These are unprecedented times within immigration. Every day, we see people whose dreams of permanent residency are at risk because of a simple mistake in their work permit applications." Alicia Backman-Beharry: "If there is a restriction on employment in your PNP nomination, you are not eligible for a bridging open work permit. It's as simple—and as critical—as that." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Read Alicia’s Blog Post: Bridging Open Work Permits vs. Bridging Closed Work Permits Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don’t miss future episodes on policy changes, strategies, and practical advice for navigating Canada’s immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

    40 min
  7. CIP 156: Time's Up Series - No Points for LMIAs: What this means for Express Entry?

    JAN 11

    CIP 156: Time's Up Series - No Points for LMIAs: What this means for Express Entry?

    Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry dive deep into the recent announcement by Immigration Minister Marc Miller regarding the removal of LMIA-based job offer points in the Express Entry system. This change has significant implications for temporary foreign workers, international students, and employers across Canada. Mark and Alicia break down what this policy shift means, how it could impact applicants relying on Labour Market Impact Assessments (LMIAs) for additional CRS points, and what alternatives exist for those seeking permanent residency. Key Topics Discussed Understanding the Policy Change Overview of Minister Marc Miller’s announcement removing LMIA job offer points in Express Entry. The difference between Ministerial Instructions (MIs) and formal regulatory changes. Potential timeline for the implementation of this change. Impact on Applicants and Employers Who will be most affected by the removal of LMIA points (e.g., Tier 2 and Tier 3 workers). How the removal of LMIA points could lower CRS cut-off scores for general draws. The disproportionate impact on workers in lower-skilled occupations and certain industries. Implications for Canadian employers trying to retain foreign workers. Why the Change Was Introduced Rising concerns over fraud and job offer selling in the LMIA system. The government's strategy to prevent abuse of the immigration system. Balancing fraud prevention with the needs of genuine employers and workers. Alternative Pathways to Permanent Residency Increased importance of Provincial Nominee Programs (PNPs). Focus on improving human capital factors (language skills, education, work experience). The role of LMIA-exempt work permits under the International Mobility Program (IMP). Exploring opportunities in the new Rural and Francophone Community Immigration Programs. Legal and Strategic Considerations How the removal of LMIA points affects Federal Skilled Worker selection factors. The difference between CRS points and arranged employment points in immigration programs. The importance of legal compliance to avoid inadmissibility and protect future immigration options. Key Takeaways LMIA-based CRS points are being removed due to fraud concerns, significantly impacting certain industries and foreign workers. Applicants must focus on strengthening their CRS scores through language proficiency, education, and Canadian work experience. Employers must explore alternative ways, such as PNPs, to support foreign workers. Fraud in the LMIA system has widespread consequences, leading to stricter immigration policies. Staying informed and seeking professional legal advice is critical during this transition. Quotes from the Episode Mark Holthe:"This change is not just about preventing fraud—it’s a shift toward prioritizing high human capital in Canada’s immigration system." Alicia Backman-Beharry:"For many, the LMIA points were a lifeline. Without them, workers and employers need to pivot to alternative pathways like PNPs." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don’t miss future episodes on policy changes, strategies, and practical advice for navigating Canada’s immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

    1h 8m
  8. CIP 155: Time's Up Series - When not to claim refugee status in Canada

    2024-11-29

    CIP 155: Time's Up Series - When not to claim refugee status in Canada

    Episode 155: When Not to Claim Refugee Status in Canada Episode Summary In this installment of the Canadian Immigration Podcast, host Mark Holthe is joined by co-host Alicia Backman-Beharry to tackle one of the most pressing issues facing temporary residents in Canada—understanding when not to file a refugee claim. As desperation grows for individuals facing expiring work permits and diminishing options, many turn to refugee claims without fully comprehending the eligibility requirements, legal implications, or long-term consequences. Mark and Alicia break down the refugee claim process, who qualifies, and why a poorly founded claim could jeopardize not only your future in Canada but also your global immigration opportunities. This episode aims to educate listeners on the risks and complexities involved, empowering them to make informed decisions. Key Topics Discussed Understanding Eligibility for Refugee Claims Who is eligible under Canada’s refugee system, and who is not? Overview of the Safe Third Country Agreement and its impact on claimants. Legal tests for refugee protection, including "well-founded fear" and nexus to protected grounds. Grounds for ineligibility, such as prior claims or serious criminality. Consequences of Filing a Refugee Claim How making a claim affects your legal status, including issuance of a stayed removal order. Why work permits issued to refugee claimants do not confer temporary resident status. Limitations on economic immigration pathways like Express Entry and Provincial Nominee Programs. The risks of making fraudulent claims, including removal orders and bans from re-entering Canada. Critical Considerations for Refugee Applicants The importance of credibility and evidence in proving persecution. Why significant delays in filing claims can undermine your case. What happens if your refugee claim is refused, including potential removal and the impact on future immigration opportunities. Social Implications How unfounded claims burden Canada’s refugee system, delaying protection for those in genuine need. The importance of consulting authorized and experienced legal representatives to avoid misinformation. Key Takeaways Eligibility and Consequences: Filing a refugee claim is a serious decision with far-reaching implications; understand your eligibility before proceeding. Economic Pathways: Refugee work permits do not count towards Canadian work experience for economic immigration programs. Credibility Matters: Fabricating claims or delaying action can lead to irreversible consequences, including deportation and bans from Canada. Seek Professional Advice: Always consult a knowledgeable immigration lawyer to assess your situation accurately. Resources Mentioned Blog Post: “When Not to Claim Refugee Status” – A comprehensive guide by Alicia Backman-Beharry. DIY Immigration Courses: Learn how to navigate Canadian immigration processes through the Canadian Immigration Institute. Consultation Services: Book a one-on-one session with Mark Holthe and his team to discuss your options. Quotes from the Episode Mark Holthe: "Filing a refugee claim might seem like a quick fix, but it could close more doors than it opens—both in Canada and globally." Alicia Backman-Beharry: "The presumption that states can protect their citizens is a high bar to overcome; you must provide clear and convincing evidence to succeed."   Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don’t miss future episodes on policy changes, strategies, and practical advice for navigating Canada’s immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

    34 min
4.9
out of 5
78 Ratings

About

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.

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