Canadian Immigration Podcast Mark Holthe

Podcast Episode 140: What if I am not invited in an Express Entry Draw?

Host: Mark HoltheGuest: Alicia Backman-Beharry

Introduction:


Welcome to another episode of the Canadian Immigration Podcast.
In today’s episode, we delve into what happens if you are not invited in an Express Entry draw, a pertinent question for many amidst the high CRS scores of recent general draws.

Key Points:



Overview of Express Entry:


Explanation of the Express Entry system, which started in January 2015.
It is designed to manage applications for Federal Skilled Worker Program, Canadian Experience Class, Federal Skilled Trades Program, and some Provincial Nominee Programs.



Challenges with Express Entry:


Discussion on the high CRS scores making it challenging for individuals outside Canada to qualify.
Emphasis on the need for strategies to improve chances of receiving an ITA.



Strategies to Improve CRS Scores:


Possibility of increasing language scores, gaining additional work experience, and pursuing higher education.
Consideration of provincial nominee programs for additional points.



Category-Specific Draws:


Insight into how targeted draws based on specific criteria such as occupation or language can offer alternative pathways to receive an ITA.



Alternatives to Express Entry:


Exploration of other immigration pathways including provincial nominee programs, family sponsorship, and temporary work permits.



Future of Express Entry:


Discussion on potential changes and the importance of staying informed about immigration policies and category-specific draws.



Role of Immigration Lawyers:


How consulting with an expert can provide personalized guidance and strategies tailored to individual circumstances.



Conclusion:


Recap of the importance of having a strategic plan when navigating through the complexities of Express Entry.
Reminder to stay informed and proactive in managing one's immigration journey.

Resources:


Express Entry Accelerator Course
Canadian Immigration Institute YouTube Channel

Next Episode Preview:


Join us for the next episode where we will discuss the impact of recent changes in immigration law on temporary foreign workers in Canada.

Listen and Subscribe:


Available on Apple Podcasts, Google Podcasts, Spotify, and directly on the Canadian Immigration Podcast website.

Title: Making Sense of the Filipino Temporary Foreign Worker Exit Visa Requirements

Introduction: Welcome back to another episode of the Canadian Immigration Podcast. Today, we delve into one of the most complex aspects of immigration for Filipino workers—the exit visa requirements. This episode, which is also available as a vodcast on our Canadian Immigration Institute YouTube channel, features a special guest, Canadian Immigration Lawyer Lou Janssen Dangzalan.

Key Highlights:



Introduction of the Department of Migrant Workers (DMW):


Lou explains the recent establishment of the DMW in the Philippines, which now handles the affairs of Filipinos working abroad. This department evolved from the Philippine Overseas Employment Agency, centralizing services under one department.



Understanding Overseas Filipino Workers (OFWs):


Discussion on the concept of OFWs, their importance to the Philippine economy, and the legal framework that defines and governs their employment abroad.



Exit Visa Requirements:


A comprehensive overview of the Philippine government's requirements for Filipinos working overseas, including the necessity for exit clearances and how these regulations impact both workers and their foreign employers.



Direct Hiring Ban and Exemptions:


Insight into the Philippine Labor Code’s stipulations against direct hiring by foreign employers and the specific exemptions that allow for direct recruitment under certain conditions.



Enforcement Mechanisms:


Lou discusses how the Philippine government enforces compliance with employment regulations for OFWs, including blacklisting non-compliant employers and recruitment agencies.



Implications for Employers and Workers:


Practical advice for both employers and Filipino workers on navigating the complexities of compliance to ensure smooth and legal employment practices.



Conclusion: This episode sheds light on the critical but often misunderstood regulations affecting Filipino workers abroad. Understanding these rules is essential for ensuring compliance and avoiding legal pitfalls in the recruitment and employment of OFWs.

Additional Resources:


Visit the Canadian Immigration Institute YouTube Channel for more insights and discussions on various immigration topics.
For detailed information and assistance with Canadian immigration matters, consider booking a legal consultation through www.holthelaw.com.
Book a consultation with Lou Janssen Dangzalan: https://www.ljd-law.ca/about 

Don’t forget to subscribe to our podcast on platforms like iTunes and Spotify and leave a review if you found this episode informative. Share this episode with anyone who might benefit from understanding more about Filipino exit visa requirements and the broader implications for international employment practices.

       

 

 

ADDITIONAL RESOURCES MENTIONED IN THE PODCAST:

Labor Code of the Philippines: (Art.18. Ban on direct-hiring): https://www.ilo.org/dyn/travail/docs/1131/Labor%20Code%20of%20the%20Philippines%20-%20DOLE.pdf

Book a consult with Lou Janssen Dangzalan: https://www.ljd-law.ca/consultation

DMW Advisory 09/2024 - Documentation of Filipinos as OFWs under Canada’s Immigration Programs/Systems: https://dmw.gov.ph/resources/dsms/DMW/ISN-EXT/2024/DMW-ADVISORY-09-2024.pdf

Welcome to Episode 138 of the Canadian Immigration Podcast. In this episode, Mark Holthe and Alicia delve into the freshly released Budget 2024 to unearth the key takeaways impacting immigration. They offer insights into the potential directional shifts in policies based on where the government is channelling its financial resources.

Key Highlights:



Stabilization of the Refugee System: Discussion on the government's dual strategy to reduce asylum claims and manage the expulsion of individuals with denied claims. Mark and Alicia consider the impact of recent steps such as the visa requirements for Mexican citizens and changes in legislation affecting the immediate cancellation of temporary resident visas upon issuance of removal orders.



Sustainable Immigration Strategy: With a focus on a more sustainable approach to immigration, the podcast addresses the current imbalances in the system, particularly in the International Student Program, which is now under strict scrutiny.



Support for Newcomers: The budget has earmarked funds for legal aid to assist individuals with immigration proceedings, and $50 million for the recognition of foreign credentials, signalling a move toward better integrating skilled immigrants into the Canadian workforce.



Adjustment of Temporary Resident Intake: The podcast discusses the federal government's unprecedented move to set targets for temporary resident levels in an effort to manage intake and improve processing times, with an emphasis on transparency and policy planning.



Focus on Economic and Community Integration: This segment explores how the government's financial commitments indicate a desire for improved integration of immigrants into Canada's economic fabric and community support networks.



Targeted Draws: The discussion here is on the government's continued focus on targeted draws within the Express Entry system, which favours certain economic sectors and specific NOC codes known for chronic labour shortages.



Bonus Point:

Fee Increases: The podcast closes with a bonus discussion on the planned increase in government fees for immigration applications and the implications for potential immigrants and practitioners in the field.

For more insights and updates on Canadian immigration, visit Joorney Business Plans at www.joorney.ca with the code HOLTHEJOORNEY10 for a discount on business plan services, or book a legal consultation at www.holthelaw.com. Don't forget to subscribe to the Canadian Immigration Institute YouTube channel for live Q&As that occur every Wednesday at 10:00am MT. If you need any immigration legal advice, please feel free to book a consultation with our firm Holthe Immigration Law: https://www.holthelaw.com/consultation

Welcome to Episode 137 of the Canadian Immigration Podcast. In this deep dive, your host, Canadian immigration lawyer Mark Holthe, along with co-host Alicia Backman-Beharry, unpack the complexities and risks of flagpoling, a practice many temporary residents in Canada consider for swiftly adjusting their immigration status.

Key Highlights:



Understanding Flagpoling: Flagpoling involves leaving Canada, usually at a U.S. land border, and re-entering to activate a new immigration status or extend the current one without the lengthy processing times typically experienced through inland applications.



Legislative Changes in 2024: Discover the recent legislative updates that have increased the stakes for individuals considering flagpoling, with potential drastic consequences like the automatic cancellation of visas and permits upon the issuance of a removal order.



Be Prepared: Learn the importance of arriving at the border with all necessary documents well-organized and ready for inspection, including the means to pay any associated fees.



Honesty is Key: Mark and Alicia emphasize being transparent and truthful with border officers, as misrepresentations can lead to application refusals and other severe consequences.



Respect and Politeness: Understand the human element of interacting with border officers and the significance of maintaining courtesy, even when faced with challenging situations.



Knowledge is Power: Applicants are urged to fully understand their application and the flagpoling process, ensuring they can clearly articulate their reasons for flagpoling to the border officers.



Avoid Peak Times and Be Patient: Timing can be everything; choosing off-peak hours to flagpole could result in a smoother experience. Patience is also vital, as wait times can be lengthy.



Follow Instructions: Being attentive and following border officers' directions can prevent misunderstandings and make the process more straightforward.



Clear Communication and Understanding Rights: Keeping communication clear, especially regarding the search of electronic devices, which officers have broad authority to inspect.



Last Resort with Risks: Flagpoling should be considered a last resort due to the high risks involved, especially for those with complex immigration situations or who have previously overstayed or worked without authorization.



Conclusion: Flagpoling is not a one-size-fits-all solution and can present significant risks for those who attempt it without fully understanding the process or being prepared for potential negative outcomes. This episode sheds light on the nuances of this practice and provides valuable guidance for temporary residents and their advisors to navigate this high-stakes process with greater awareness and caution.

For more insights on flagpoling and other Canadian immigration matters, follow Mark Holthe's insights and updates at Canadian Immigration Institute.

Remember, each immigration case is unique, and it’s advisable to consult with a knowledgeable immigration lawyer before proceeding with flagpoling or any significant immigration decisions.Book a consultation: https://www.holthelaw.com/consultation

Show Notes for Canadian Immigration Podcast Episode 136: The Future of Immigration in Canada 2024
Welcome to Episode 136 of the Canadian Immigration Podcast. In this episode, Mark Holthe and Alicia Backman-Beharry discuss the future of immigration in Canada as we continue into 2024, focusing on recent announcements by Immigration Minister Sean Fraser and the potential impact on temporary and permanent residency pathways.

Key Highlights:



Minister's Speech on Immigration Intentions: Immigration Minister Sean Fraser delivered a speech outlining the government's intentions for immigration, emphasizing the need to balance economic needs with humanitarian commitments.



Breakdown of Temporary Resident Numbers: Analysis of temporary resident numbers reveals that 42% are international students, 9% are under the Temporary Foreign Worker Program, 44% are under the International Mobility Program, and 5% are Asylum seekers. The government aims to align temporary residence with economic goals.



International Student Restrictions: The government has implemented restrictions on international students, including caps on study permits, increased minimum funds requirements, and limitations on spousal work permits. These measures aim to reduce the number of international students and ensure that schools focus on programs contributing to the workforce.



LMIA Restrictions: The government has reduced the LMIA validity period from 18 months to 6 months, forcing employers to be more efficient in their recruitment and limiting the number of temporary foreign workers.



Asylum and Humanitarian Restrictions: The government is considering restrictions on asylum seekers and humanitarian pathways, focusing on linking internationally recognized refugees with Canadian employers through the Economic Mobility Pathway for Refugees (EMPP).



Future Plans for Temporary and Permanent Residency: Minister Fraser announced plans to expand the immigration levels plan to include both temporary resident arrivals and permanent resident arrivals. The government aims to ensure a robust pathway to permanent residency for those wishing to make Canada their long-term home.



Practical Advice for Temporary Residents: Temporary residents in Canada should focus on improving their language skills, especially French language, securing employer support for LMIAs, and applying for work permits and post-graduation work permits promptly to maximize their chances of transitioning to permanent residency.



Conclusion:

The future of immigration in Canada is undergoing significant changes, with the government aiming to align temporary and permanent residency pathways with economic needs while maintaining humanitarian commitments. International students, temporary foreign workers, and asylum seekers should stay informed about policy changes and seek legal advice to navigate the evolving immigration landscape.

For more information and assistance with Canadian immigration matters, you can book a consultation with Mark Holthe or Alicia Backman-Beharry through the following link: https://www.holthelaw.com/consultation

Show Notes for Canadian Immigration Podcast Episode 135: Humanitarian and Compassionate Applications - When All Else Fails!
Welcome to Episode 135 of the Canadian Immigration Podcast. In this episode, Mark Holthe and special guest Ronalee Carey, a Canadian immigration lawyer based in Ottawa, discuss the intricacies of Humanitarian and Compassionate (H&C) applications in Canada. This episode provides valuable insights for those considering an H&C application as a last resort for obtaining permanent residency in Canada.You can watch the video of this episode on the Canadian Immigration Institute YouTube Channel. 

Key Highlights:



Understanding H&C Applications: H&C applications are for individuals who are inside Canada and have compelling humanitarian or compassionate grounds that justify granting them permanent resident status. These applications are considered when other immigration pathways are not available or viable.



Eligibility: Anyone inside Canada can apply for an H&C application, regardless of their status. However, there are specific exclusions, such as individuals with failed refugee claims within the first year and those inadmissible due to security concerns.



Factors Considered: Immigration officers consider several factors, including establishment in Canada, ties to Canada, best interests of children, adverse country conditions, health considerations, consequences of family separation, inability to leave Canada, and unique or exceptional circumstances.



Supporting Documents: Essential supporting documents include evidence of establishment in Canada, ties to family members, impact on children, country condition reports, medical reports, and any other documentation that supports the humanitarian and compassionate grounds of the application.



Approval Chances: The approval rate for H&C applications varies, and it's important to note that these applications are highly discretionary. Success depends on the strength of the case and the compelling nature of the humanitarian and compassionate grounds presented.



Process: H&C applications undergo a two-step process. The first step assesses the humanitarian and compassionate grounds, and if approved in principle, the applicant can apply for a work permit. The second step involves admissibility checks, including medical, criminal, and security screenings.



Considerations: It's crucial for applicants to understand that H&C applications should be a last resort. Applicants must have exhausted all other immigration options, and the application should be well-documented and compelling to have a chance of success.



Legal Advice: Given the complexity and discretionary nature of H&C applications, it's advisable to seek legal advice from experienced immigration lawyers to assess the viability of the application and ensure it is properly prepared and presented.



Conclusion:

Humanitarian and Compassionate applications are a complex and discretionary aspect of Canadian immigration law. They offer a potential pathway to permanent residency for individuals who have compelling humanitarian or compassionate reasons and have no other viable immigration options. Understanding the factors considered, preparing a well-documented application, and seeking legal advice are crucial steps in navigating this challenging process.

For more information and assistance with Canadian immigration matters, visit Ronalee Carey's website at Ronalee Carey Law or watch this episode on Mark Holthe's Canadian Immigration Institute YouTube Channel at Canadian Immigration Institute.