139 episodes

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.

Canadian Immigration Podcast Mark Holthe

    • Business
    • 4.7 • 22 Ratings

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.

    135: Humanitarian and Compassionate Applications - When all else fails!

    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.

    • 1 hr 32 min
    134: Top 10 Essential Tips for Employers of Foreign Workers

    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.

    • 35 min
    133: AAIP Tourism and Hospitality Stream

    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.

    • 25 min
    132: Closure of the Alberta Opportunity Stream and Creation ofNew Tourism Program

    132: Closure of the Alberta Opportunity Stream and Creation ofNew Tourism Program

    Welcome to Episode 132 of the Canadian Immigration Podcast, where we dive into the recent changes to the Alberta Opportunity Stream (AOS) and the introduction of a new pathway for the tourism and hospitality sector. Host Alicia Backman-Beharry is joined by articling student Igor Kyryliuk to discuss these significant updates and their impact on potential applicants, especially within the Ukrainian community in Alberta.

    Key Highlights:

    Closure of Alberta Opportunity Stream: The Alberta Advantage Immigration Program (AAIP) announced that no more AOS applications would be processed as of February 15, 2024. This sudden change affects many individuals who were relying on this stream as a pathway to permanent residency, particularly those with lower language proficiency or working in lower-skilled occupations.
    Impact on the Ukrainian Community: The closure of the AOS is a significant blow to the Ukrainian community in Alberta, which has been looking to this program as a main pathway to permanent residency due to its more accessible language and occupation requirements.
    New Tourism and Hospitality Stream: On a positive note, the AAIP introduced a new stream targeted at individuals working in the tourism and hospitality sector. This stream is set to open on March 1, 2024, and is expected to account for 8-10% of Alberta's total nomination spots for the year. The stream aims to address labour shortages in this sector, particularly during the spring and summer months.
    Eligibility Criteria: To be eligible for the new Tourism and Hospitality Stream, applicants must have been working for a tourism and hospitality business for at least six months and meet criteria to establish themselves permanently in Alberta. Additionally, they must have a valid full-time, non-seasonal job offer from an approved employer operating within the industry.

    Important Occupations for the New Stream:
    The new stream targets eighteen National Occupation Classification (NOC) codes, including program leaders, restaurant and food service managers, chefs, cooks, bartenders, hotel front desk clerks, tour and travel guides, and various cleaning and support occupations. Applicants must also meet median wage requirements, which are yet to be detailed.

    Conclusion:
    The recent changes to the Alberta Opportunity Stream and the introduction of the new Tourism and Hospitality Stream represent significant shifts in Alberta's immigration landscape. While the closure of the AOS may present challenges for many, the new stream offers opportunities for those in the tourism and hospitality sector to establish themselves permanently in Alberta.

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

    For more details and updates, visit the Canadian Immigration Podcast website and subscribe to stay informed on the latest developments in Canadian immigration.

    • 15 min
    131: Express Entry - Top 5 wrong answers given in online forums

    131: Express Entry - Top 5 wrong answers given in online forums

    Title: Express Entry - Top 5 Wrong Answers in Online Forums

    Host: Mark Holthe

    Sponsor: Joorney Business Plans - The leading immigration business plan writing service provider in Canada. Mention the code HOLTHEJOORNEY10 for a 10% discount on your first business plan.

    Introduction:


    In this episode, Mark Holthe sets the stage for debunking common misconceptions found in online forums regarding the Express Entry system.

    Key Points:



    Can you claim work experience while studying full-time in Canada?


    Clarification on claiming work experience while studying full-time in Canada and the differences between the Canadian Experience Class and the Federal Skilled Worker Program.
    Explanation of eligibility for work experience claims for Federal Skilled Worker Program, but not for Comprehensive Ranking System (CRS) points.



    Can you change your Primary NOC after receiving an ITA?


    Discussion on the possibility of changing the primary NOC (National Occupational Classification) after receiving an ITA (Invitation to Apply) without affecting Express Entry eligibility or CRS score, with proper justification in the letter of explanation.



    What must be included in a translation package?


    Detailed breakdown of what should be included in a translation package for Express Entry applications, emphasizing the importance of stamps and affidavits from certified translators.



    Can I remove work history Post-ITA:


    Guidance on removing work history from the application after receiving an ITA, provided it does not affect eligibility or CRS score, and the necessity of full disclosure in the personal history section.



    Can I list my Spouse as Non-Accompanying when they are already with me in Canada?


    Strong advice against listing a spouse as non-accompanying if they are already in Canada to avoid misrepresentation allegations.



    Course Promotion:


    Announcement of the next Express Entry Masterclass on February 20th and promotion of the Express Entry Accelerator 2024 course, offering extensive lessons and live masterclass sessions for managing Express Entry applications.

    Reminder: Always verify information found in online forums with reputable sources or legal consultations to navigate the complexities of Canadian immigration law and policy.

    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.

    • 11 min
    130: Business Immigration Series: Canada Chile Free Trade Agreement

    130: Business Immigration Series: Canada Chile Free Trade Agreement

    Title: Navigating Work Permit Options Under the Canada-Chile Free Trade Agreement

    Host: Mark Holthe

    Guest: Alicia Backman-Beharry

    Introduction:


    Mark Holthe welcomes listeners to the podcast and introduces the topic of free trade agreements, specifically focusing on the Canada-Chile Free Trade Agreement.
    Alicia provides insights on the status and history of the agreement, highlighting its importance and recent updates.

    Key Points:



    Historical Context: Alicia discusses the Canada-Chile Free Trade Agreement as Canada's first with a South American country, established in 1997 and modernized in 2019 to include a chapter on trade and gender.



    Trade and Gender: The modernized agreement includes progressive steps like a chapter on trade and gender, focusing on cooperation between parties to support women entrepreneurs and women in SMEs.



    Chile's Progressive Moves: Discussion on Chile’s progressive nature and its ongoing negotiations with other international trade agreements.



    Eligibility and Work Permits:


    Details on who is eligible for work permits under the Canada-Chile Free Trade Agreement.
    Comparison with other existing trade agreements and work permit programs.



    Professional Category Nuances:


    Alicia explains the specific nuances for professionals within the agreement, including education and licensing recognitions.



    Application Process:


    Guidance on the online application process for Chilean professionals, including the requirement for a visa and submission through the employer portal.



    Representative Tips:


    Mark and Alicia advise immigration practitioners on how to clearly outline the nature of the work permit and the associated exemption codes to avoid misunderstandings.



    Sponsor: Joorney Business Plans - Specializing in preparing business plans for intercompany transfers under free trade agreements.

    Conclusion:


    The hosts encourage listeners to send in future topics or participate in the podcast.

    Contact Information:


    To book a consultation: https://www.holthelaw.com/consultation 
    YouTube Channel: Canadian Immigration Institute
    Email: mark@Canadianimmigrationinstitute.com 

    Endnote:


    Reminder for professionals to include biometric fees and allow time for biometrics upon arrival in Canada.
    Insights into the experiences of those navigating the immigration process without preparation.

    Remember to check out our sponsor, Joorney Business Plans, and use promo code HOLTHEJOORNEY10 for a discount on your first business plan.

    Stay tuned for more episodes on our Business Immigration Series and reach out if you have topics to suggest or insights to share!

    • 17 min

Customer Reviews

4.7 out of 5
22 Ratings

22 Ratings

Nicole Elmer ,

Fabulous resource

These are so great! I’m learning so much. I appreciate the variety of topics and love that the people here really care about immigration law and the folks that come to Canada as their new home. Thanks for doing this podcast!

Mar-Abreu ,

Excellent

I just started listening your podcast And I think they’re excellent.

Anikmont ,

Podcast for Mexicans

Hi, I love your program it’s very helpful. My son is Mexican and is in custody of US immigration, he can’t return to our country, and has intentions to apply for asylum in Canada. What would you recommend? He turned 20 in the detention center. Thanks and God bless you.

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