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Canadian Immigration Podcast

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.

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

    Episode 155: When Not to Claim Refugee Status in Canada

    Episode Summary

    In this installment of the Canadian Immigration Podcast, host Mark Holthe is joined by co-host Alicia Backman-Beharry to tackle one of the most pressing issues facing temporary residents in Canada—understanding when not to file a refugee claim. As desperation grows for individuals facing expiring work permits and diminishing options, many turn to refugee claims without fully comprehending the eligibility requirements, legal implications, or long-term consequences.

    Mark and Alicia break down the refugee claim process, who qualifies, and why a poorly founded claim could jeopardize not only your future in Canada but also your global immigration opportunities. This episode aims to educate listeners on the risks and complexities involved, empowering them to make informed decisions.

    Key Topics Discussed

    Understanding Eligibility for Refugee Claims

    Who is eligible under Canada’s refugee system, and who is not? Overview of the Safe Third Country Agreement and its impact on claimants. Legal tests for refugee protection, including "well-founded fear" and nexus to protected grounds. Grounds for ineligibility, such as prior claims or serious criminality.

    Consequences of Filing a Refugee Claim

    How making a claim affects your legal status, including issuance of a stayed removal order. Why work permits issued to refugee claimants do not confer temporary resident status. Limitations on economic immigration pathways like Express Entry and Provincial Nominee Programs. The risks of making fraudulent claims, including removal orders and bans from re-entering Canada.

    Critical Considerations for Refugee Applicants

    The importance of credibility and evidence in proving persecution. Why significant delays in filing claims can undermine your case. What happens if your refugee claim is refused, including potential removal and the impact on future immigration opportunities.

    Social Implications

    How unfounded claims burden Canada’s refugee system, delaying protection for those in genuine need. The importance of consulting authorized and experienced legal representatives to avoid misinformation. Key Takeaways
      Eligibility and Consequences: Filing a refugee claim is a serious decision with far-reaching implications; understand your eligibility before proceeding. Economic Pathways: Refugee work permits do not count towards Canadian work experience for economic immigration programs. Credibility Matters: Fabricating claims or delaying action can lead to irreversible consequences, including deportation and bans from Canada. Seek Professional Advice: Always consult a knowledgeable immigration lawyer to assess your situation accurately.
    Resources Mentioned Blog Post:WhenNottoClaimRefugeeStatus” – 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 More
    Stay 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.

     

    Fri, 29 Nov 2024
  • 257 - CIP 154: Time's Up Series - H&C Applications: What you need to know

    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 More
    Stay 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.

     

    Sat, 23 Nov 2024
  • 256 - CIP 153: Time's Up Series - No Extensions for PGWPs

    Episode 153: "No Extensions for PGWPs: Navigating Post-Graduation Work Permit Challenges"

    Episode Summary

    In this episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry tackle the recent changes impacting Post-Graduation Work Permit (PGWP) holders in Canada. As the government tightens immigration policies and limits temporary resident extensions, many PGWP holders are left wondering what to do when their permits expire. Mark and Alicia break down the myths surrounding PGWP extensions, explain the rare exceptions for recapturing lost time, and explore alternative pathways for staying in Canada legally.

    Whether you’re a recent graduate, an international worker, or planning your transition to permanent residence, this episode provides practical advice to help you navigate Canada’s shifting immigration landscape.

    Key Topics Discussed

      No More PGWP Extensions:

      Explanation of the policy change: PGWP holders can no longer expect automatic extensions. Understanding the difference between PGWPs and temporary public policies under Section 25.

      Recapturing Lost Time:

      Situations where PGWP holders can apply to regain lost time due to passport validity restrictions. Step-by-step guide to filing a paper application for time recapture and key pitfalls to avoid.

      Work Permit Alternatives:

      Open Work Permits: Eligibility for spousal open work permits and bridging open work permits. Employer-Specific Work Permits: Options under the Labour Market Impact Assessment (LMIA) or International Mobility Program (IMP). Special Programs: Leveraging free trade agreements or other country-specific programs.

      Permanent Residency Strategies:

      Benefits of starting a PR application early to unlock bridging work permit eligibility. Challenges with Express Entry and Provincial Nominee Programs (PNPs) in the current policy climate.

      When Leaving Canada is the Best Option:

      Strategic advantages of returning home to gain foreign work experience for Express Entry points. Long-term benefits of maintaining compliance with Canadian immigration rules.

    Key Takeaways

    Check Your Documents: Review your PGWP and passport to determine if you are eligible to recapture time. Act Proactively: Explore work permit options early to avoid falling out of status. Permanent Residency Requires Planning: Begin your PR application process as soon as possible. Voluntary Departure: If staying isn’t an option, leaving Canada in compliance with immigration laws preserves your ability to return.

    Resources Mentioned

    DIY Immigration Courses: Learn how to prepare your own applications with Mark Holthe’s comprehensive guides at the CanadianImmigrationInstitute. Express Entry Master Classes: Join live Q&A sessions to get real-time guidance on your PR application process. Blog Post: "HowLongCanIStayinCanadaAfterMyWorkPermitExpires?" – A detailed guide on options and strategies for those nearing the end of their PGWP validity.

    Quotes from the Episode

    Mark Holthe: “The era of automatic extensions for post-graduation work permits is over. Planning ahead is more critical than ever.” Alicia Backman-Beharry: “Understanding your options early can save you from the stress and uncertainty of falling out of status.”

    Links and Resources

    Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe

    Subscribe for More
    Stay 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.

    Sat, 16 Nov 2024
  • 255 - CIP 152: How to move to Canada for US citizens post 2024 election (2nd Edition)

    Episode 152: "How to Move to Canada 2.0: Dedicated to US Citizens Post-Election"

    Episode Summary
    In response to the recent U.S. election results and a renewed interest among U.S. citizens exploring Canadian immigration options, Mark Holthe and Betsy Kane break down the key pathways available for Americans considering a move to Canada. From work permits and professional transfers to permanent residency (PR) strategies, Mark and Betsy explore the unique considerations of each pathway for those who may be looking north of the border due to recent political changes. With immigration policies tightening in Canada, this episode sheds light on both temporary and permanent routes, helping listeners understand the practical steps and realities of relocating to Canada.

    Key Topics Discussed

    U.S.-Canada Political Context: Overview of recent U.S. election impact and its influence on Canadian immigration interest. Work Permit Options: CUSMA (formerly NAFTA): Quick access work permits for specific professions, inter-company transfers, and certain trades. Global Talent Stream (GTS): Fast-track LMIA for tech roles and specialized fields. Intra-Company Transfer (ICT): Options for U.S.-based employees with Canadian branches, though stricter standards apply. International Experience Class (IEC): For young adults (under 35), offering open work permits for U.S. citizens to experience Canada short-term. Permanent Residency Pathways: Express Entry: Points-based system focusing on language, education, work experience, and age; highly competitive. Provincial Nominee Programs (PNPs): Provincial pathways, with challenges as Canada reduces PNP allocations. Spousal Sponsorship: Pathways for U.S. citizens married to Canadian citizens or permanent residents. Healthcare and Social Services Realities: Discussion on Canada’s healthcare system, addressing newcomer access challenges and the strain on social services in light of reduced immigration quotas.

    Key Takeaways

      Assess All Work Permit Options: CUSMA, GTS, and ICT offer different opportunities for U.S. professionals, but each has specific eligibility requirements, timelines, and restrictions. IEC as a Flexible Option for Young Adults: For U.S. citizens under 35, IEC offers flexible work options in Canada for up to two years. Permanent Residency Requires Strategy: Direct PR is challenging without Canadian work experience; Express Entry and PNPs require strong qualifications and adaptability. Healthcare is a Concern: While Canada’s universal healthcare is an attractive benefit, the reality is that access to primary care is limited, and newcomers should prepare to navigate the system.

    Resources Mentioned

    CUSMA Work Permit: For specific U.S. professions. International Experience Class: Seasonal application process, limited spots for U.S. citizens. Global Talent Stream: Fast-track option for high-skilled roles in tech and specialized fields. Spousal Sponsorship: Family reunification program for Canadians and PRs. Express Entry and PNP: Direct pathways to PR but highly competitive.

    Quotes from the Episode

    “Canada is a great option, but the process is more complex than in 2016. Fewer work permits are available, and PR pathways are competitive.” – Mark Holthe “While there are still options, Canadian immigration is becoming increasingly selective. Starting your plan early and exploring each option carefully is key.” – Betsy Kane

    Links and Resources

    Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Book a consult with Betsy Kane

    Subscribe for More
    Stay 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 and discussion on Canadian immigration and is not intended as legal advice. For personalized assistance, please consult with an immigration lawyer.

    Wed, 13 Nov 2024
  • 253 - CIP 151: Time's Up Series - My work permit expires soon: Can I change to a visitor status?

    Episode 151: Time's Up Series - Transitioning from Worker to Visitor Status in Canada

    In this episode of the Canadian Immigration Podcast, Mark Holthe and Igor Kurliuk continue their "Time’s Up" series by discussing a critical question facing temporary foreign workers in Canada: Can I change my status from worker to visitor when my work permit is about to expire? As new immigration policies tighten pathways for temporary and permanent residence, many workers are considering a shift to visitor status to maintain legal presence in Canada. Mark and Igor dive into the key considerations, practical steps, and strategic advice for anyone contemplating this transition.

    They also address recent policy updates, including significant changes to Labour Market Impact Assessments (LMIAs) and entry rules affecting temporary foreign workers and international mobility. The episode highlights both the advantages and risks of switching to visitor status, the legal framework around "maintained status," and the essential documentation required to convince immigration officers of your temporary intent. Tune in to learn what you need to know to stay compliant and protect future immigration opportunities.

    Topics Covered:

      Current Immigration Landscape for Temporary Residents

      Overview of recent government measures limiting work permits and reducing permanent and temporary residency numbers. Why the Liberal government’s new policies are pushing many temporary residents out of Canada.

      Understanding Visitor Status vs. Temporary Resident Visa (TRV)

      Key differences between a visitor record (status in Canada) and a TRV (entry document). How to ensure you have the correct documentation to avoid overstaying your welcome.

      Steps to Apply for a Visitor Record

      Timing your application: Why it’s essential to apply before your work permit expires. How to choose the correct application portal and document requirements. Drafting a strong letter of intent: What officers need to see to confirm your intention to leave Canada after your visitor stay.

      Proving Temporary Intent

      How to demonstrate ties to your home country, financial stability, and a clear plan for departure. Dual intent: Balancing a temporary stay with a pending permanent resident application.

      Maintained Status: What It Is and How It Works

      Legal framework for maintained status (formerly implied status) when switching from worker to visitor. Important restrictions: Why you cannot work once your work permit expires and you’re on a visitor record application.

      Special Considerations and Common Pitfalls

      Why failing to prove financial independence can lead to refusal. Misconceptions around applying for a new work permit while on visitor status. Real-life client examples highlighting the risks of non-compliance and maintaining transparency with immigration authorities.

    Key Takeaways:

    Plan Early: Submit your visitor record application before your work permit expires to maintain status legally. Proof of Temporary Intent is Critical: Immigration officers need clear evidence that you plan to leave Canada when your visitor status expires. Transitioning Comes with Restrictions: Changing to a visitor record ends your ability to work in Canada, even if a new LMIA is approved. Compliance is Essential for Future Options: Staying legally in Canada is critical to preserving future immigration opportunities, including express entry or other work permits.

    Resources Mentioned:

    Book a consultation with Holthe Immigration Law: www.holthelaw.com Canadian Immigration Institute YouTube Channel: Watch live Q&A sessions and immigration updates with Mark Holthe. DIY Immigration Courses: Available at Canadian Immigration Institute

    Disclaimer:

    This podcast episode provides general information only and is not a substitute for professional legal advice. For personalized guidance, consider booking a consultation at Holthe Law.

    Listen to This Episode On:

    Spotify iTunes Holthe Immigration Podcast Website

    Connect with Us:

    YouTube: Canadian Immigration Institute Facebook: Canadian Immigration Podcast LinkedIn: Mark Holthe
    Sat, 02 Nov 2024
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