Canadian Immigration Podcast

Mark Holthe
Canadian Immigration Podcast 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 147: Uncovering TFWP Abuse: What Every Employer and Worker Needs to Know

    AUG 28

    CIP 147: Uncovering TFWP Abuse: What Every Employer and Worker Needs to Know

    Podcast Show Notes: Uncovering TFWP Abuse: What Every Employer and Worker Needs to Know In this episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry discuss the growing issue of abuse within Canada's Temporary Foreign Worker Program (TFWP). They explore the legal obligations of employers, the rights of foreign workers, and the severe consequences of non-compliance with immigration and employment laws. Mark and Alicia provide an in-depth analysis of: Understanding the LMIA Process: An overview of the Labour Market Impact Assessment (LMIA) process and the employer's responsibilities in hiring foreign workers, emphasizing the illegality of charging workers fees for LMIAs. Recent Cases of Employer Abuse: Discussion on a recent case from Calgary where an employer was penalized for charging illegal fees and not paying overtime, highlighting the judicial consequences and restitution ordered by the court. Options for Abused Workers: A breakdown of the rights and options available to foreign workers who experience abuse, including applying for a Vulnerable Worker Open Work Permit and reporting abuse through government channels. Penalties for Employers and Misrepresentation: An explanation of the fines, penalties, and potential criminal charges employers can face for violating the Immigration and Refugee Protection Act (IRPA), including counselling misrepresentation and the importance of employers understanding their obligations under the law. Preventing Abuse and Ensuring Compliance: Practical advice for employers on maintaining compliance with Canadian immigration laws, and guidance for workers on how to protect themselves and report abuse if they are victims of exploitation. Tune in to this episode to learn more about the rights of foreign workers, the responsibilities of employers, and how to navigate the complexities of the Temporary Foreign Worker Program. Whether you're an immigration lawyer, consultant, employer, or prospective immigrant, this episode provides essential information to help you understand and comply with Canada's immigration laws. Resources Mentioned in This Episode: 💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6 🔺 Subscribe to our weekly newsletter: https://bit.ly/3RlH9h6 🔺 Become a member of the Canadian Immigration Institute YouTube channel: @canadianimmigrationinstitute 🟡 Canada Immigration Video Do-It-Yourself Courses 2024 Express Entry Accelerator Course and Masterclass: https://bit.ly/3xbQP6k 🎧 Listen to the Canadian Immigration Podcast: iTunes: https://apple.co/3maWC64 Spotify: https://spoti.fi/38Ix4tM 📱 Follow us on social media: Instagram: https://bit.ly/390HHZg Express Entry Law Facebook Group: https://bit.ly/3x6ItvK Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5 Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U LinkedIn: https://bit.ly/3xf1Nbv Disclaimer: This podcast is intended for informational purposes only and does not constitute legal advice.

    39 min
  2. CIP 146: Mastering the 'Intention to Reside' in Canada's PNPs

    AUG 28

    CIP 146: Mastering the 'Intention to Reside' in Canada's PNPs

    Podcast Show Notes: Provincial Nominee Programs and the "Intention to Reside" Requirement In this episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry delve into the intricacies of Canada's Provincial Nominee Programs (PNPs) with a focus on the "intention to reside" requirement. This requirement is a critical component for applicants nominated by a province, as they must demonstrate a genuine intention to live and establish themselves in the nominating province. Mark and Alicia provide an in-depth analysis of: What "Intention to Reside" Means: A look into how immigration officers assess whether applicants genuinely intend to reside in a specific province, including a discussion of relevant regulations such as IRPR Regulation 87(2). Recent Court Cases and Their Implications: Examination of recent Federal Court decisions, such as Mohammed Elfa Kaharani v. Canada and a PEI case, that highlight how courts interpret "intention to reside" and the consequences for applicants who do not meet this requirement. Factors Considered by Immigration Officers: A breakdown of the subjective assessment criteria officers use, including past conduct, present circumstances, and future plans of the applicant. Practical Advice for Applicants: Guidance on how to document your intent to reside and what evidence is necessary to support your application, especially when moving to a different province after being nominated. Potential Consequences for Misrepresentation: A discussion on the severe implications of failing to meet the "intention to reside" requirement, which can include application refusal, inadmissibility, and even misrepresentation findings. Tune in to this episode to learn how to navigate the PNP process and ensure your application aligns with all requirements. Whether you're an immigration lawyer, consultant, or prospective immigrant, this episode provides valuable insights to help you make informed decisions. Resources Mentioned in This Episode: 💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6 🔺 Subscribe to our weekly newsletter: https://bit.ly/3RlH9h6 🔺 Become a member of the Canadian Immigration Institute YouTube channel: @canadianimmigrationinstitute 🟡 Canada Immigration video Do-It-Yourself Courses 2024 Express Entry Accelerator Course and Masterclass: https://bit.ly/3xbQP6k 🎧 Listen to the Canadian Immigration Podcast: iTunes: https://apple.co/3maWC64 Spotify: https://spoti.fi/38Ix4tM 📱 Follow us on social media: Instagram: https://bit.ly/390HHZg Express Entry Law Facebook Group: https://bit.ly/3x6ItvK Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5 Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U LinkedIn: https://bit.ly/3xf1Nbv Disclaimer: This podcast is intended for informational purposes only and does not constitute legal advice.

    30 min
  3. CIP 145: Lengthy Delays in Security Screening

    JUL 22

    CIP 145: Lengthy Delays in Security Screening

    Episode Title: Lengthy Delays in Security Screening Host: Mark Holthe, Immigration Lawyer, Holthe Immigration Law Guest: Will Tao, Immigration Lawyer, Heron Law Offices Sponsor: Canadian Immigration Institute - Subscribe to the 2024 Express Entry Accelerator Course Episode Summary In this insightful episode of the Canadian Immigration Podcast, host Mark Holthe welcomes back immigration lawyer Will Tao to discuss a pressing issue facing many applicants: lengthy delays in security screening. This episode is particularly relevant for those navigating the complex and often frustrating Canadian immigration process. Key Points Discussed Introduction to Security Screening Delays: The increasing prevalence of security screening delays in Canadian immigration applications. Importance of security screening for maintaining the integrity of the Canadian immigration system. Impact of Security Screening Delays: Personal stories of applicants stuck in security screening for extended periods. Consequences of these delays, including emotional and financial strain on applicants and their families. Understanding Security Screening: Detailed explanation of what security screening entails and its role in the immigration process. Different levels of security checks: basic record checks vs. comprehensive checks. Factors that might trigger a comprehensive check, such as certain nationalities, educational institutions, and work experiences. Practical Advice for Applicants: Proactive disclosure of potential issues in applications. Importance of being transparent and providing detailed explanations where necessary. Seeking legal advice early in the process to navigate potential red flags. Mandamus Applications: Discussion on when and how to consider filing a writ of mandamus to address unreasonable delays. Importance of preparing a strong case if pursuing this legal route. Legal and Policy Insights: The role of international relations and political factors in security screening processes. Recent developments and evolving practices in Canadian immigration law and policy. How we can help If you or someone you know is experiencing lengthy delays in security screening, it's essential to seek professional advice. Book a consultation with Mark Holthe or Will Tao to discuss your case and explore your options. Connect with Us Canadian Immigration Institute YouTube Channel: For more video content, live Q&A sessions, and DIY courses. Website: Canadian Immigration Institute for additional resources and information. Thank You to Our Sponsor This episode is brought to you by the Canadian Immigration Institute's 2024 Express Entry Accelerator DIY Course, your best source of video content on Canadian immigration to help you navigate the Canadian immigration process.

    1h 29m
  4. CIP 144: The Real Costs of Immigrating to Canada

    JUN 7

    CIP 144: The Real Costs of Immigrating to Canada

    In this episode of the Canadian Immigration Podcast, your hosts Mark Holthe and Alicia Backman-Beharry dive deep into the real costs associated with immigrating to Canada. From government fees to travel expenses, Mark and Alicia break down the hard and soft costs that every potential immigrant needs to consider. Key Topics Discussed: Government Fees: Breakdown of application processing fees. Recent increases in fees as of April 30, 2024. Importance of paying the right of permanent residence fee upfront. Biometrics and Language Tests: Costs associated with biometrics and language tests like IELTS, CELPIP, TCF, and TEF. Importance of valid language tests for Express Entry profiles. Education Credential Assessments (ECAs): Necessity of ECAs for foreign education credentials. Associated costs and recognized organizations like WES. Medical Examinations: Requirement for medical exams during the application process. Variation in costs based on panel physicians. Police Clearance Certificates: Need for police certificates from every country lived in for six months or more since turning 18. Estimated costs and process. Translation of Documents: Costs associated with certified translations of necessary documents. Tips for finding affordable translation services. Travel Costs: Estimation of travel expenses for a family of three. Considerations for flight costs and baggage fees. Settlement Funds: Updated proof of funds requirements as of May 27, 2024. Importance of maintaining accessible funds in your bank account. Soft Costs: Social costs of leaving behind a community and integrating into a new one. Psychological and emotional toll of the immigration process. Opportunity costs related to career disruptions and long-term prospects. Educational adjustments for children and the family. Highlighted Resources: Canadian Immigration Institute DIY Courses: Comprehensive video content and DIY courses designed to help you navigate the Canadian immigration process with confidence. Courses include detailed instructions, checklists, and sample documents to ensure your application is successful. Visit Canadian Immigration Institute for more information and to access these valuable resources. Conclusion: Mark and Alicia provide an in-depth look at the comprehensive costs involved in immigrating to Canada, emphasizing the importance of thorough preparation and understanding of both hard and soft costs. They highlight the resources available through the Canadian Immigration Institute to aid applicants in successfully navigating the immigration process. Contact Information: Holthe Immigration Law: holthelaw.com Canadian Immigration Institute: canadianimmigrationinstitute.com Subscribe and Follow: YouTube Channel: Canadian Immigration Institute Podcast Platforms: iTunes, Spotify, Google Play Join the Discussion: Live Q&A Sessions: Follow up this podcast episode with a live Q&A on YouTube with Mark and Alicia, where they answer your pressing immigration questions. Feedback and Suggestions: We love hearing from you! Please send us your feedback and suggestions for future episodes. Tune in to get a comprehensive understanding of the real costs of immigrating to Canada and ensure you're fully prepared for the journey ahead!

    27 min
  5. CIP 143: The Dangers of Crowd Sourcing Canadian Immigration Information with Robert Leong

    MAY 22

    CIP 143: The Dangers of Crowd Sourcing Canadian Immigration Information with Robert Leong

    Show Notes for Canadian Immigration Podcast Episode 143: The Dangers of Crowd Sourcing Immigration Information Episode Overview: Join host Mark Holthe, as he welcomes back Robert Leong, a seasoned immigration lawyer from British Columbia, for an enlightening discussion on the risks associated with sourcing immigration advice from unregulated forums and platforms. This episode sheds light on how reliance on crowd-sourced information can lead to severe complications in immigration applications, including misrepresentation charges. What You’ll Learn in This Episode: Expert Analysis: Robert shares insights from his extensive experience, highlighting the pitfalls of using generalized advice from online forums and unauthorized consultants. The Impact of Misrepresentation: Understand the severe consequences of misrepresentation in immigration applications, which can include bans from reapplying and significant delays in processing. The Value of Professional Guidance: Learn about the importance of professional legal advice in navigating the complex landscape of immigration law and ensuring that applications are compliant and accurately presented. Navigating Procedural Fairness Letters: Get expert advice on how to properly respond to procedural fairness letters from immigration authorities, a crucial step that can significantly impact the outcome of your application. Artificial Intelligence in Immigration: Discussion on how immigration authorities use AI to detect patterns and potential fraud, underscoring the importance of ensuring each application is unique and accurately represents individual circumstances. Why This Episode Is a Must-Listen: Risk Avoidance: Gain essential knowledge to avoid common yet severe risks associated with crowd-sourced immigration advice. Informed Decisions: Understand why hiring a professional is crucial, especially in complex or high-stakes immigration cases. Up-to-Date Practices: Stay informed about the latest in immigration practices and potential pitfalls directly from industry experts. Additional Resources: Links to Official Immigration Resources: For accurate and reliable immigration information. Contact Information for Professional Legal Consultations:  💻 BOOK AN IMMIGRATION CONSULTATION WITH MARK: https://bit.ly/3QBDyf6  Robert Leong Contact Information: https://www.patriamlaw.com/contact/ Subscribe to the Canadian Immigration Podcast: Ensure you never miss an episode by subscribing. Each episode is designed to help you navigate the complexities of the immigration process with greater confidence. Share and Comment: If you found this episode helpful, please share it with others who may benefit from it and leave us a comment with your thoughts or questions! Episode Credits: Guest: Robert Leong, Immigration Lawyer Host: Mark Holthe, Canadian Immigration Lawyer Remember, when it comes to Canadian immigration, getting it right the first time is crucial. Tune in for expert advice and keep your immigration journey on the right track!

    47 min
  6. CIP 142: The PNP Battle for PR in Canada - From Temporary to Tenuous

    MAY 21

    CIP 142: The PNP Battle for PR in Canada - From Temporary to Tenuous

    Episode Number: 142 - The PNP Battle for PR in Canada - From Temporary to Tenuous Introduction: Host: Mark Holthe Co-Host: Alicia Backman-Beharry Overview of the episode: Discussing the intensifying challenges within provincial nominee programs (PNPs) across Canada and how they impact temporary residents and foreign workers seeking permanent residency. Key Topics Discussed: Recent Changes in PNPs: Alicia shares insights from the National Immigration CBA Conference in Montreal. Discussion on the rising CRS scores and their impact on the pressure on PNPs. Overview of provincial nominee programs compared to federal economic immigration programs. Challenges in Provincial Nominee Programs: Detailed breakdown of Express Entry-linked streams and the multi-stage application process. Challenges of achieving provincial nomination and its benefits. The reality of PNP limitations and the marketing myths around easy access to nominations. Labour Market and Provincial Needs: Importance of aligning with provincial labour market needs. Strategies for potential immigrants considering moving to less competitive provinces. Highlighting the recent federal measure to support skilled temporary workers in Manitoba, including a potential new policy for extending work permits. Discussion on Systemic Issues and Potential Solutions: Exploration of how provinces manage nomination quotas and processing times. Potential future reforms in PNPs and federal collaboration to address backlogs and labour market needs. Legal considerations and advice for navigating the complex PNP landscape. Concluding Thoughts: Recap of the challenges faced by temporary residents in securing permanent residency through PNPs. Advice for listeners on dealing with the competitive nature of PNPs and planning for potential changes in immigration policy. Resources Mentioned: New measure to support skilled temporary workers in Manitoba: https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/05/new-measure-to-support-skilled-temporary-workers-in-manitoba.html Links: Subscribe to the Canadian Immigration Podcast for more insights and updates: https://www.canadianimmigrationinstitute.com/podcasts/canadian-immigration-podcast  Join the live Q&A sessions on YouTube to discuss specific immigration questions with Mark and Alicia: https://www.youtube.com/c/CanadianImmigrationInstitute

    35 min
  7. CIP 141: Major Shifts in Canada's Start-Up and Self Employed PR Programs with Pantea Jafari

    MAY 14

    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 HoltheGuests: Alicia Backman-Beharry, Pantea JafariDate: 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 Law: https://www.holthelaw.com/consultation  Contact Information for Pantea Jafari's Office: https://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 2024: https://www.canadianimmigrationinstitute.com/express-entry-landing-page

    42 min
  8. 140: What if I am not invited in an Express Entry Draw?

    APR 30

    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 HoltheGuest: 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.

    51 min
4.7
out of 5
23 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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