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Canadian Immigration Podcast

Author: Mark Holthe

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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.
177 Episodes
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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.
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.
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.
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.
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.
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.
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.
Episode Summary In this essential episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry return with another instalment in the Express Entry “Getting it Right” series—this time focusing on physicians and healthcare professionals. While doctors may excel in their field, navigating Canadian immigration law is a whole different beast. Mark and Alicia explore the unique challenges medical professionals face in Express Entry applications—from the pitfalls of choosing the wrong ECA organization, to confusion around Canadian spouses, unpaid internships, and self-employed work experience. They also dig into the April 2023 policy change that allows self-employed physicians to finally claim Canadian work experience under CEC—if done correctly. 👨‍⚕️ Whether you’re a doctor working in Canada or abroad, this episode is packed with critical insights to protect your application and avoid costly mistakes. Key Topics Discussed 🏥 Wrong ECA Organization for Physicians Why some healthcare professionals must use the Medical Council of Canada (MCC) instead of general ECA providers. How misidentifying your credentialing body can lead to refusals—or even misrepresentation findings. 🇨🇦 Including a Canadian Spouse in Express Entry Clarifying whether to list a Canadian spouse as accompanying or not. When to declare a common-law partner—and what impact this has on eligibility and settlement funds. 🩺 Internships and the CEC Trap Why even paid internships during Canadian education don’t count for CEC if done under a co-op or intern permit. Key tips to avoid working illegally after receiving your program completion letter. 💼 The Self-Employment Loophole for Physicians How the April 2023 Public Policy now allows select physicians to claim Canadian work experience—despite working on a fee-for-service basis. Who qualifies (specific NOC codes only), and why checking the self-employment box in the Express Entry profile could cost you points. 📑 Arranged Employment Confusion Why job offers still matter under FSW—despite the removal of CRS points for job offers post-March 2025. How to avoid false claims that could trigger misrepresentation. 🛑 Work Permit Limitations and Inadmissibility Risks Why you need to understand the terms of your current work permit before claiming experience in your profile. What to do if your employer categorized your NOC code incorrectly. Key Takeaways ✅ Doctors must get their ECAs from the MCC if they fall under specific regulated NOCs. ✅ Don’t click “self-employed” for Canadian work experience if you're a fee-for-service doctor covered by the new policy. ✅ Avoid including a Canadian spouse improperly—it can skew your profile or trigger refusals. ✅ Know your work permit's NOC code and limitations—missteps here can lead to inadmissibility. ✅ Claiming job offers incorrectly can still result in misrepresentation, even without CRS points at stake. 💬 Quotes from the Episode 📢 Mark Holthe: “One wrong box checked could eliminate your chance at PR. The system isn’t built to forgive honest mistakes anymore.” 📢 Alicia Backman-Beharry: “Being a smart doctor doesn’t mean Express Entry is easy. Immigration law is a whole other specialty.” 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.
Episode Summary In this critical episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry dive deep into one of the most overlooked yet high-stakes sections of the Express Entry process: the statutory information questions in your eAPR. Whether you’re answering questions about criminal history, prior visa refusals, or previous refugee claims, one careless answer—or a failure to disclose—can result in a finding of misrepresentation and a five-year bar from Canada. Mark and Alicia walk through real-world scenarios, key case law, and provide actionable advice for how to navigate this sensitive part of the application. This episode is a must-listen for anyone preparing to submit their Express Entry application and unsure how much to disclose. 🔎 If you’ve ever asked yourself, “Do I really have to include that old visa refusal?”—you need to hear this. 🗝️ Key Topics Discussed ⚖️ The Legal Weight of Statutory Questions Why your answers are bound by law under Section 16(1) of the Immigration and Refugee Protection Act. What counts as “inadmissibility” under Section 41—even without a conviction. 🚨 What You Must Disclose—Even If You Think It’s Not Important Arrests with no charges, expunged records, or youth offences: They still matter. Refusals of TRVs, study permits, PNP applications, and even refugee claims abroad. How failing to disclose an old U.S. visa denial triggered misrepresentation. 📝 Letters of Explanation (LoEs): Your Best Protection Against Misrepresentation When and how to submit LoEs if you’re not sure how something will be interpreted. What details must go in: dates, reasons, outcomes, and documentation. 📉 Why Misrepresentation Doesn’t Require Intent Even honest mistakes or forgetting one past refusal can lead to a 5-year ban. The dangers of relying on memory—or assuming IRCC “already knows.” 💡 Practical Tips for Safer Submissions Always answer “Yes” if there’s any doubt, and explain later. Confirm information with your family—especially if you were a minor when events occurred. Understand that “No Live Trace” in UK criminal checks may still require disclosure. ✅ Key Takeaways ✅ Every statutory question must be answered truthfully and completely. ✅ “No intent to mislead” is not a defence if you get it wrong. ✅ LoEs are your best tool to explain complex histories and protect your application. ✅ Previous disclosure in past applications doesn't excuse omitting it now. ✅ Full honesty upfront is better than scrambling to fix a refusal or ban later. 💬 Quotes from the Episode 📢 Mark Holthe: “You never want to leave anything up to the discretion of an officer. One wrong click on ‘No’ instead of ‘Yes’ could cost you five years.” 📢 Alicia Backman-Beharry: “You might think the system already knows. But legally, you have to tell them again. Every time.” 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.
Episode Summary In this episode of the Canadian Immigration Podcast, Mark Holthe and co-host Alicia Backman-Beharry dive into one of the most critical yet confusing areas of Express Entry: what happens when your situation changes after receiving an Invitation to Apply (ITA). Whether it’s a job change, a new family member, or realizing you made an error in your profile, what you do next could mean the difference between permanent residency or a five-year ban for misrepresentation. They walk you through the consequences of making changes post-ITA, what types of changes are most common, and—most importantly—how to handle them properly using Letters of Explanation (LoEs). This episode is an essential listen for anyone who’s received an ITA and wants to avoid costly mistakes that could derail their immigration journey. 🔎 If you’ve received an ITA or plan to submit your eAPR soon, this episode is packed with guidance to help you avoid misrepresentation and ensure a smooth Express Entry process. Key Topics Discussed ⚠️ What’s the Big Deal About Post-ITA Changes? Why changes made after receiving an ITA can lead to refusal, inadmissibility, or even a 5-year ban. Explanation of the A11.2 assessment and how IRCC uses it to assess eligibility. The legal obligation to notify IRCC of material changes to your application. 📝 Common Post-ITA Changes That Could Sink Your Application Incorrect NOC codes and what happens if you realize the wrong one was used. Adjusting job duties or hours of work—and the risk of being accused of misrepresentation. Adding or removing work history and how it can affect your points or eligibility. Updating expired or incorrect language tests and educational credential assessments (ECAs). Changing marital status (getting married or having a baby) and how it affects your score and application. 💡 How to Make Corrections Safely and Strategically When it’s okay to remove or change work history in your eAPR. The role of Letters of Explanation (LoEs) in mitigating risk and explaining changes. Strategies for dealing with expired documents or expiring test scores before submission. 🚫 What NOT to Do After Receiving an ITA Ignoring changes or inconsistencies—IRCC can see your original profile details. Failing to declare new family members or trying to game the system by adding a spouse later. Relying on old Express Entry advice or advice from forums that no longer applies. 📬 The Power of Being Proactive Why you should explain changes upfront to avoid being accused of misrepresentation. How to address big mistakes like an undisclosed prior work history or education credentials. Key Takeaways ✅ Always review your application carefully post-ITA—your situation may have changed. ✅ Use a Letter of Explanation to disclose and clarify any changes. ✅ Misrepresentation doesn’t require intent—it can happen from simple errors or omissions. ✅ If you’re unsure, get legal advice before submitting your eAPR. ✅ Being proactive is always better than trying to fix a problem later. Quotes from the Episode 📢 Mark Holthe: “You never want to leave anything up to the discretion of an officer. The moment you get an ITA, everything you do next has to be 110% accurate.” 📢 Alicia Backman-Beharry: “Doing the right thing is usually hard. But it’s better to lose an application than be barred from Canada for five years.” 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.
Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry tackle one of the most critical yet frequently misunderstood aspects of Express Entry applications: proving work experience. With refusals on the rise, Mark and Alicia walk you through the common mistakes applicants make when submitting reference letters and employment documents—and how to avoid them. They dive deep into the essential elements of a strong reference letter, including what must be included, what officers look for, and how to handle situations where you can’t get the perfect letter. Whether you’re applying under the Canadian Experience Class (CEC), Federal Skilled Worker Program (FSW), or navigating category-based draws, this episode is a must-listen for anyone serious about avoiding rejection and maximizing CRS points. 🔎 If you’re preparing your Express Entry application or worried about missing key details, this episode will help you build a bulletproof case for your work experience and increase your chances of success. Key Topics Discussed 🏢 The Importance of Work Experience in Express Entry Why work experience is critical for eligibility under CEC, FSW, and targeted draws. How Express Entry applicants often lose points (or get refused) due to incomplete or incorrect documentation. The biggest misconceptions about NOC codes, job duties, and work history requirements. 📄 How to Structure the Perfect Reference Letter Essential elements that MUST be included in an employer reference letter: ✅ Company letterhead, contact details, and employer’s signature. ✅ Job title(s), start and end dates, salary, and benefits. ✅ Detailed job duties that match the NOC description without copying it verbatim. Common red flags that lead to refusals. ❗ What If You Can’t Get a Proper Reference Letter? What to do if your employer refuses to provide a letter (or gives a weak one). Alternative documents that can help strengthen your case, such as: 📑 Pay stubs and tax documents. 📑 Supervisor letters and contracts. 📑 Affidavits and supporting evidence. ⚠️ Common Express Entry Mistakes That Get You Refused Using job titles that don’t match the NOC code. Failing to provide detailed job duties that support your primary NOC. Submitting inconsistent information (e.g., work history that contradicts study permit applications). Forgetting to break down job changes and promotions. 🛠 Fixing Errors and Strengthening Your Application How to write a Letter of Explanation (LoE) to clear up discrepancies. The role of AI tools (like custom GPTs) to refine your work experience description. Strategies for self-employed individuals to prove work experience. Key Takeaways ✅ Work experience must be clearly documented, with duties matching your NOC. ✅ A poorly written reference letter can sink your Express Entry application. ✅ If your employer won’t provide a letter, alternative documents are critical. ✅ Be consistent across all applications (work permits, PR, study permits). ✅ Proactive explanations help avoid misrepresentation allegations. Quotes from the Episode 📢 Mark Holthe: "The biggest mistake we see? People think a job title alone is enough. It’s not. Officers are looking at your job duties, not just your position." 📢 Alicia Backman-Beharry: "A work experience refusal is often the difference between PR and starting over. Don’t leave it up to chance—get your documents right the first time." 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.
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.
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.
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.  
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.
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.
 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.    
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.  
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.  
Episode 154: Humanitarian & Compassionate Applications: A Lifeline for Those Without Options Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and returning guest Igor Kyryliuk delve into one of the most misunderstood and complex pathways in Canadian immigration—Humanitarian & Compassionate (H&C) Applications. As immigration policy tightens, many temporary residents in Canada are left with few options for staying legally. Mark and Igor provide a detailed overview of H&C applications, exploring their purpose, eligibility criteria, and the best practices for creating a compelling application. Whether you're a temporary resident facing an uncertain future in Canada or an immigration professional looking to deepen your understanding of H&C applications, this episode offers actionable insights and expert guidance. Key Topics Discussed What Are H&C Applications? Explanation of Section 25 of the Immigration and Refugee Protection Act (IRPA). Common misconceptions: Why H&C is not a “backdoor” to permanent residence. The test of hardship: Understanding unusual, undeserved, or disproportionate hardship. Real-life examples of successful H&C cases, including those involving children and vulnerable individuals. When and Why to Apply Identifying circumstances that warrant an H&C application. Why H&C applications are considered a last resort and not a guaranteed solution. Insights into the policy shift: Increased focus on reducing temporary residents and stricter immigration rules. Key Factors Officers Consider Best Interests of the Child: Why this factor is paramount and often decisive. Establishment in Canada: What it means and how to demonstrate it effectively. Country Conditions: How the realities in your home country can impact your application. Holistic Review: Presenting a cohesive narrative of hardship, establishment, and compassionate grounds. Challenges and Common Pitfalls Why underestimating the complexity of an H&C application can lead to rejection. The risks of insufficient documentation and poorly presented submissions. Misrepresentation concerns and the importance of honest, well-supported claims. Key Takeaways Best Interests of the Child: Highlighted as a crucial and legally mandated consideration. Holistic Approach: Officers assess all circumstances collectively; no single factor guarantees approval. Preparation Matters: A poorly prepared application significantly reduces your chances of success. Resources Mentioned Blog Post: “H&C Applications: A Lifeline for Those Without Options” – An in-depth guide to H&C applications available on HoltheLaw.com. DIY Immigration Courses: Learn how to prepare and navigate Canadian immigration applications through the Canadian Immigration Institute. Consultation Services: Book a consultation with Mark Holthe and his team to assess your eligibility for an H&C application. Quotes from the Episode Mark Holthe: “An H&C application is not a loophole. It’s a lifeline for those truly in need of compassion.” Igor Kyryliuk: “The key to a successful H&C application lies in the details—tell your story, provide evidence, and leave no stone unturned.” 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.  
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