These past few months have been challenging for those temporary residents of Canada who are actively trying to transition to the Canadian permanent resident status. The rapid changes in immigration regulations announced in the past few months create a challenging immigration climate.
Many foreign nationals are registered in the Express Entry pool hoping that they will receive an Invitation To Apply for permanent residence in Canada. Express Entry is an online system that the Canadian federal government uses to manage immigration applications from skilled workers.
There are three immigration programs managed through the Express Entry: Canadian Experience Class, Federal Skilled Worker Program and Federal Skilled Trades Program. The higher an individual’s Express Entry points under the Comprehensive Ranking System (CRS Score), the better chance they have of being invited to apply for permanent residence. Currently, an applicant registered in the Express Entry pool who has a valid job offer receives either 50 points (in NOC 0, 1, 2, 3) or 200 points (in NOC TEER 0, Major Group ‘00’). For a job offer to be considered ‘valid’, it must meet specific requirements outlined in immigration regulations.
The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, announced that Express Entry candidates will no longer receive additional points for having a valid job offer. This major change will come into effect in spring 2025. The exact date is unknown.
This temporary measure aims to reduce fraud by removing the incentive to illegally buy or sell Labour Market Impact Assessments to improve the Express Entry candidate’s chances of being selected to become a Canadian permanent resident. A Labour Market Impact Assessment (LMIA) is a document that a Canadian employer may need to get before hiring a foreign worker. A positive LMIA confirms that there is a need for a foreign worker to fill the job. It also verifies that no Canadian worker or permanent resident is available to do this specific job.
Once the government implements the change of awarding no additional points for a job offer, it will impact all candidates pursuing Canadian permanent residence through the Express Entry system, including those foreign nationals who are currently working in Canada temporarily. This change will also likely affect those applicants who already have a Labour Market Impact Assessment application in process. Considering that the processing of an LMIA application currently takes 7-10 months, this change will negate extensive efforts of many applicants and their employers who have already submitted the LMIA applications in 2024 that remain in processing.
The anticipated change will not affect candidates who have already been issued an Invitation To Apply or who have a permanent residence application in progress. Once the change comes into force, it will apply to all Express Entry candidates with job offers in the pool as well as new candidates entering the Express Entry pool.
If you or anyone in your company requires assistance with cross-border matters, please do not hesitate to contact a member of our dedicated Siskinds Immigration Team.