• Canadian Immigration Podcast

  • Written by: Mark Holthe
  • Podcast

Canadian Immigration Podcast

Written by: Mark Holthe
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  • Summary

  • 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.
    © 2025 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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Economics Political Science Politics & Government
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Episodes
  • CIP 157: Time's Up Series - Applying for a BOWP? Don't make these costly mistakes

    CIP 157: Time's Up Series - Applying for a BOWP? Don't make these costly mistakes
    Feb 12 2025
    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.
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    40 mins
  • CIP 156: Time's Up Series - No Points for LMIAs: What this means for Express Entry?

    CIP 156: Time's Up Series - No Points for LMIAs: What this means for Express Entry?
    Jan 11 2025
    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 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 hr and 8 mins
  • 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 mins

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