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Canadian Immigration Podcast

Canadian Immigration Podcast

Auteur(s): 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.© 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. Politique Sciences politiques Économie
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  • CIP 170: Business Immigration Series - What is going on with LMIAs in 2025

    CIP 170: Business Immigration Series - What is going on with LMIAs in 2025
    Jul 23 2025
    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 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.
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    28 min
  • CIP 169: Time's Up Series - How to respond to a PFL

    CIP 169: Time's Up Series - How to respond to a PFL
    Jun 10 2025
    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.
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    41 min
  • CIP 168: Express Entry Getting it Right - Language Tests

    CIP 168: Express Entry Getting it Right - Language Tests
    Jun 3 2025
    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.
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    34 min

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