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.

  1. CIP 174: Express Entry Getting it Right - How your spouse can make or break your CRS score

    22H AGO

    CIP 174: Express Entry Getting it Right - How your spouse can make or break your CRS score

    Episode Summary In this episode of the Canadian Immigration Podcast, Mark Holthe and co-host Alicia Backman-Beharry kick off 2026 by continuing their Express Entry: Getting It Right series—this time tackling one of the most misunderstood and error-prone areas of the system: spousal points under Express Entry. They break down who is considered a spouse or common-law partner for immigration purposes, when a spouse is considered “accompanying,” and how these distinctions directly affect eligibility, CRS scores, and Federal Skilled Worker (FSW) selection points. Drawing from real client experiences, they explain how small misunderstandings can quickly escalate into refusals or misrepresentation findings. This episode is essential listening for anyone applying through Express Entry who is married, common-law, recently separated, or whose family situation may change during the process. Key Topics Discussed How IRCC defines a spouse vs. common-law partner for Express Entry Common mistakes when declaring marital status and family composition The difference between accompanying and non-accompanying spouses How spousal status affects CRS scores and Express Entry competitiveness Spousal points under the Federal Skilled Worker (FSW) selection grid When and how spousal education, language, and Canadian work experience count The risks of misrepresentation when marital status changes mid-application Adding a spouse after submitting an eAPR—and when it can trigger refusal Why undeclared spouses can be permanently excluded under IRPR 117(9)(d) Key Takeaways Declaring your spouse correctly is not optional—it is foundational to Express Entry Having a spouse can significantly lower or raise your CRS score depending on their credentials Accompanying vs. non-accompanying status has serious legal consequences Marital status changes must be disclosed immediately to IRCC Failing to declare a spouse can permanently bar future sponsorship Always assess both FSW eligibility and CRS impact before submitting your profile Quotes from the Episode Alicia Backman-Beharry: “Who is a spouse for immigration purposes is not always obvious—and that’s where people get into serious trouble.” Mark Holthe: “There is no such thing as a harmless mistake in Express Entry when it comes to spouses.” 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.

    41 min
  2. CIP 173: Business Immigration Series - LMIA Violations

    12/13/2025

    CIP 173: Business Immigration Series - LMIA Violations

    Episode Summary In this episode of the Canadian Immigration Podcast, Mark Holthe and co-host Alicia Backman-Beharry return to their Business Immigration series to unpack a costly misconception: promotions, bonuses, and job changes can be LMIA violations. With year-end raises and holiday bonuses top of mind, they explain why even well-intentioned changes to a foreign worker’s role can trigger employer non-compliance, audits, fines, public listing, and serious consequences for both employers and employees. Key Topics Discussed Why promotions and bonuses can violate LMIA and employer-specific work permit conditions The difference between minor changes and material modifications that require a new LMIA Employer compliance audits, public “non-compliant employer” listings, and penalties How violations can affect permanent residence applications and work permits Key Takeaways No change is “small” on an employer-specific work permit. Promotions, raises, and bonuses can put both employers and workers at risk. Always get immigration advice before changing job duties, wages, or work location. Quotes from the Episode Alicia Backman-Beharry: “Promotions are often LMIA violations—and people don’t realize it until it’s too late.” Mark Holthe: “The safest rule is simple: don’t change anything without advice.” 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.

    27 min
  3. CIP 172: Immigration Levels Plans 2026-2028 - How It impacts you!

    12/05/2025

    CIP 172: Immigration Levels Plans 2026-2028 - How It impacts you!

    Episode Summary In this episode of the Canadian Immigration Podcast, Mark Holthe and co-host Alicia Backman-Beharry break down Canada’s new 2025–2027 Immigration Levels Plan and what it really means for workers, students, and families trying to stay in Canada. They explain how the government is cutting new temporary residents, modestly shifting permanent residence toward economic classes, boosting some PNP quotas, and hinting at future TR to PR–style options—all while warning that these are some of the toughest times in years for people on temporary status. Key Topics Discussed Why Levels Plans Matter Three-year rolling targets now cover both permanent and temporary residents. Drive everything from Express Entry draw sizes to PNP quotas and study permit approvals. Economic vs. Family Balance Around 65% of PR spots are slated for economic immigration. Slight decline in family class to make room for more economic applicants. Express Entry & PNP Shifts “Federal high skilled” now bundles FSW, CEC, and FST under one label. Some Express Entry numbers have been shifted back to the Provincial Nominee Programs, which see their targets climb again. Big Cuts to New Temporary Residents Planned new temporary resident arrivals for 2026 are dropping sharply. Driven by pressure on housing, healthcare, and services as temporary residents hit historic highs. Key Takeaways Competition is intense: fewer new temporary residents and stricter PR targets. PNPs are critical, but integrity checks are tougher than ever. Be ready now: keep language tests, ECAs, and Express Entry profiles valid. French can be a game-changer for those who can add it. In some cases, leaving Canada in status may preserve better long-term options. Quotes from the Episode Mark Holthe: “These are dark times for many people in Canada. The government is very serious about reducing the temporary population.” Alicia Backman-Beharry: “Make sure your ducks are in a row—language, education, documents—so if a new pathway opens, you’re ready on day one.” 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.

    40 min
  4. CIP 171: Spousal Sponsorship - Work permit options for spouses and kids

    10/21/2025

    CIP 171: Spousal Sponsorship - Work permit options for spouses and kids

    Episode Summary In this episode of the Canadian Immigration Podcast, hosts Mark Holthe and Alicia Backman-Beharry shine a light on one of the most overlooked pathways to staying in Canada: the open work permit for spouses and dependent children of permanent residence sponsorship applicants. They clarify who qualifies, how the process differs for in-Canada vs. Family Class applications, and how to avoid costly mistakes. With processing delays, stricter rules, and fewer temporary pathways, this episode is essential for couples navigating the PR journey. Key Topics Discussed Who’s Eligible: Only spouses and dependent children included in a PR sponsorship (not PGWP holders or student spouses). Inland vs. Outland Sponsorship: Family Class applicants can now apply for open work permits too—without losing the right to appeal or travel. Processing Times & AOR: You generally need an Acknowledgment of Receipt (AOR) to apply—but there’s a two-week grace rule if your status is expiring. How to Apply Properly: Must apply online through IRCC’s portal with correct job codes and supporting documents—no flagpoling or border apps allowed. Out-of-Status Pathway: A slower paper-based route exists for applicants with no valid status, but only after getting approval in principle. Key Takeaways A valid PR sponsorship with AOR unlocks the open work permit. Don’t wait—timing and document accuracy are critical. Even Family Class sponsors in Canada may qualify. Seek legal help to avoid costly delays or misrepresentation. Quotes from the Episode Mark Holthe:“If you don't follow the instructions, the processing times are so long that if something goes wrong, you're probably landing in a really tough spot.” Alicia Backman-Beharry:“You only have a two-week window. This is why I wanted to bring attention to this category—it can make a huge difference in people's lives.” 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.

    39 min
  5. CIP 170: Business Immigration Series - What is going on with LMIAs in 2025

    07/23/2025

    CIP 170: Business Immigration Series - What is going on with LMIAs in 2025

    Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and immigration lawyer Alicia Backman-Beharry relaunch the Business Immigration Series with a timely update on the evolving LMIA process in 2025. As IRCC and ESDC crack down, employers face stricter rules, higher wage thresholds, and rising refusal rates. They explore what’s changed, why it’s harder than ever to get an LMIA, and how employers can improve their chances. From new advertising requirements to the end of Express Entry LMIA points, this episode offers critical insights for both employers and immigration professionals navigating today’s high-stakes landscape. Key Topics Discussed New Wage Thresholds: High-wage vs. low-wage LMIA explained, with updated 2025 provincial cutoffs (e.g., $36/hr in Alberta and Ontario). Tightened Restrictions: 10% cap on low-wage TFWs and automatic refusals in regions with 6%+ unemployment. Advertising Requirements: 4-week minimum, national scope ads, and strict Job Bank/Job Match compliance now critical. Processing Delays: Official timelines vs. real-world wait times—why 3–4 months is the new normal. Business Legitimacy Scrutiny: Even large employers must prove they can pay and comply. No LMIA Points in Express Entry: Loss of arranged employment points changes PR strategies. Employer Liability: LMIA applications are the employer’s legal responsibility—precision and legal support are essential.  Key Takeaways LMIAs are tougher than ever—especially for low-wage or high-unemployment areas. Follow Job Bank, wage, and ad rules precisely. Be prepared for a 3–4 month process. Seek legal help—errors are costly. LMIA points no longer benefit Express Entry. Quotes from the Episode Mark Holthe: “There’s a concerted effort to make it as difficult as possible for employers to get LMIAs approved.” Alicia Backman-Beharry: “Fail to engage with Job Match and your ad—and LMIA—could vanish without notice.” 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.

    28 min
  6. CIP 169: Time's Up Series - How to respond to a PFL

    06/10/2025

    CIP 169: Time's Up Series - How to respond to a PFL

    Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe is joined by guest co-host Igor Kyryliuk to tackle one of the most critical yet misunderstood components of Express Entry applications: responding to Procedural Fairness Letters (PFLs). This episode is part of the "Time’s Up" series and shines a spotlight on the rising trend of misrepresentation allegations and PFLs issued by IRCC, particularly around work history inconsistencies. Mark and Igor walk through the anatomy of a procedural fairness letter, highlight real-world examples, and break down the essential do’s and don’ts when drafting your response. They also explore how changes in federal immigration policy, increased use of AI in application assessments, and the government's intent to reduce temporary and permanent residents are raising the stakes for Express Entry applicants. Whether you’re currently facing a PFL or want to avoid one altogether, this episode provides vital strategies to safeguard your immigration future. Key Topics Discussed What is a Procedural Fairness Letter? Understanding its role in Canadian immigration processing. Legal duty of fairness and when it is (and isn’t) triggered. Common Triggers for Procedural Fairness Letters Inconsistencies in work and education history across past applications. Undeclared prior visa refusals. Omissions vs. commissions and the role of intent. Responding to a PFL Effectively How to structure your response to rebuild officer trust. Importance of taking full responsibility and providing detailed explanations. Addressing issues proactively—even before receiving a PFL. Examples of Misrepresentation Real cases where innocent mistakes led to serious consequences. When forgetting to mention past employment or education can cost you your future in Canada. Consequences of Misrepresentation Five-year inadmissibility bans. Loss of status, future refusals, and trouble with immigration systems worldwide. Strategic Considerations When to disclose new information voluntarily via a webform. Use of GCMS notes to anticipate officer concerns. Consulting with an immigration lawyer to preempt or respond to issues. Key Takeaways A small mistake in your Express Entry profile can escalate into a misrepresentation allegation with devastating consequences. Procedural fairness letters are your opportunity to clarify and defend your case—use them wisely. Owning your error and submitting a well-organized, transparent response is critical. Proactively addressing discrepancies before IRCC flags them can save your application. Legal help isn’t optional—it’s essential when facing a PFL. Quotes from the Episode Mark Holthe: “Even if you’re not trying to mislead, a simple omission can still land you with a five-year ban for misrepresentation.” Igor Kyryliuk: “Officers don’t have hours to read your documents. Your response should be clear, well-structured, and make it easy for them to say yes.” 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.

    41 min
  7. CIP 168: Express Entry Getting it Right - Language Tests

    06/03/2025

    CIP 168: Express Entry Getting it Right - Language Tests

    Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry unpack one of the most overlooked but impactful aspects of Express Entry: language testing. As one of the few areas where applicants can directly influence their CRS score, the language test often becomes the make-or-break factor in receiving an Invitation to Apply (ITA). Mark and Alicia take a deep dive into why language tests matter more than ever, how to choose the right test, and what pitfalls to avoid when entering your results into your Express Entry profile. They also examine the crucial role French proficiency now plays in Express Entry scoring, especially in the context of category-based draws and the federal government’s push for Francophone immigration. Whether you're building your Express Entry profile or trying to increase your CRS score, this episode offers a detailed, practical guide to getting it right—before you risk a refusal or misrepresentation allegation. Key Topics Discussed The Power of Language Tests in Express Entry Why language test scores are one of the most controllable and impactful factors in your CRS score. How they affect eligibility under CEC, FSW, and category-based draws. Examples of missed opportunities due to expired or invalid test results. Approved Tests and Common Pitfalls A breakdown of approved English and French tests: CELPIP, IELTS (General), PTE Core, TEF, and TCF. Key differences between test formats and how they affect your performance. Why using the wrong version (e.g., IELTS Academic) can invalidate your score. Test Validity and Expiry Rules How long your test results are valid (and what date counts). What happens if your results expire between your ITA and eAPR. When to retake the test to avoid losing points—or your application. CRS Boosting Strategies The significance of CLB 7 and CLB 9: minimum thresholds vs. competitive scoring. The points advantage of adding French as a second language (up to 74 extra points). How dual-language applicants can outperform others in a tight draw environment. Data Entry and Misrepresentation Risks How to correctly input test codes, registration numbers, and scores in your profile. The hidden dangers of typing errors and mismatched documentation. What to do if your test expires mid-application. Retesting and Test Selection Strategy Why retaking a test can make a meaningful difference. Choosing between CELPIP, IELTS, and PTE based on format, availability, and your strengths. How to leverage test prep and targeted coaching to improve scores. Key Takeaways Language tests are one of the best ways to increase your CRS score quickly and legally. Accuracy matters: a small data entry error can cost you your ITA—or worse. CLB 9 opens the door to significant bonus points through skill transferability. French proficiency is now a game-changer under category-based draws. Retesting and preparation are strategic tools, not just last-ditch efforts. Quotes from the Episode Mark Holthe: "If there's one part of your Express Entry profile that you can control—and improve—it’s your language test score." Alicia Backman-Beharry: "People miss out on invitations every week because of expired scores or invalid test versions. Don’t let that be you." 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.

    34 min
  8. CIP 167: Express Entry Getting it Right - Canadian Work Experience

    05/16/2025

    CIP 167: Express Entry Getting it Right - Canadian Work Experience

    Episode Summary In Episode 167 of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry dive into one of the trickiest parts of Express Entry: properly claiming Canadian work experience under the Canadian Experience Class (CEC). What sounds simple—just “a year of work”—is actually a legal and technical maze. From self-employment issues and vacation rules to miscalculating hours and unauthorized work, this episode breaks down exactly what qualifies, what doesn’t, and how to avoid being found ineligible or worse—misrepresenting your case. 🎓 With new draws targeting educators and healthcare workers, knowing how to correctly count your experience is more important than ever. Key Topics Discussed 🚫 Why self-employment doesn’t count for CEC (and how it catches many off guard) 📊 How to properly calculate 1,560 hours—even with part-time or multiple jobs 🌍 Foreign vs. Canadian work experience: why you can’t count both in the same week 📅 The impact of vacation time—what counts as “reasonable” paid leave 🧾 Why unauthorized or premature work (especially post-grad) won’t qualify 📜 How to match your work permit’s NOC code with your actual job duties 🏙️ Quebec-based work is fine—if you prove intent to live elsewhere in Canada Key Takeaways ✅ Only authorized, paid, high-skilled Canadian work counts toward CEC ✅ Max 30 hours/week counts—regardless of how many jobs you hold ✅ Vacation must be paid and reasonable; unpaid time won’t qualify ✅ Watch for unauthorized work or early post-grad employment ✅ Get your job’s NOC code right—or risk refusal and misrepresentation 💬 Quotes from the Episode 📢 Mark: “The system might give you an ITA—but if the law says your work doesn’t count, it’s over.” 📢 Alicia: “Every detail matters—one wrong assumption can unravel your application.” 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.

    27 min
4.7
out of 5
24 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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