• Canadian Immigration Podcast

  • Auteur(s): Mark Holthe
  • Podcast

Canadian Immigration Podcast

Auteur(s): Mark Holthe
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  • Résumé

  • 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.
    © 2024 All comments and or discussions contained within the podcast are for general information purposes only and does not constitute legal advice. If you would like to receive specific legal guidance contact us at info@holthelaw.com.
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Sciences politiques Économie
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Épisodes
  • CIP 155: Time's Up Series - When not to claim refugee status in Canada

    CIP 155: Time's Up Series - When not to claim refugee status in Canada
    Nov 29 2024
    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 YouTubeCanadian Immigration PodcastBook 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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    34 min
  • CIP 154: Time's Up Series - H&C Applications: What you need to know

    CIP 154: Time's Up Series - H&C Applications: What you need to know
    Nov 23 2024
    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 YouTubeCanadian Immigration PodcastBook 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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    1 h
  • CIP 153: Time's Up Series - No Extensions for PGWPs

    CIP 153: Time's Up Series - No Extensions for PGWPs
    Nov 16 2024
    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 Canadian Immigration Institute.Express Entry Master Classes: Join live Q&A sessions to get real-time guidance on your PR application process.Blog Post: "How Long Can I Stay in Canada After My Work Permit Expires?" – 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 YouTubeCanadian Immigration PodcastBook 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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    36 min

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