November 17, 2016
Express Entry (“EE”) is the management system used by the Department of Immigration to process permanent residence applications for skilled workers in Canada.
This program first took effect on January 1, 2015. Since then, although processing times have been cut in many cases from 13 months to six, stakeholders have criticized the program in the way it allocates points to program applicants. Comprehensive Ranking System (“CRS”) points are granted to applicants for their age, education in Canada, work experience, language abilities, permanent job offer in Canada and so on. Those with the most points are issued an Invitation to Apply (“ITA”) for permanent residence. Those not issued an ITA remain in the ‘pool of applicants’, for up to 12 months, waiting to be drawn. Persons with either an EE Provincial Nomination, or a ‘valid’ job offer (meaning a job offer supported by an LMIA) are granted an additional 600 points. Applicants in Canada holding LMIA-exempt positions (eg, Intra-company transfers and NAFTA professionals) do not receive these 600 points and are generally left at the bottom of the pool of applicants if unable to obtain an EE Provincial Nomination, even if their education, work experience and general ability to do well in Canadian society might far exceed someone with an LMIA.
Minister McCallum has expressed his plan to update the Ministerial Instructions associated with EE. IRCC has now announced plans to make changes to EE, as of November 19, 2016. The highlights of the Ministerial Instruction changes are as follows:
In effect, applicants with relatively low core human capital scores (age, level of education, official language proficiency and Canadian work experience) are likely to have more difficulty under this new regime than before, since qualifying offers of arranged employment net significantly fewer points depending on one’s NOC. However, because of the way in which points will now be allocated for arranged employment, LMIA-exempt foreign nationals who hold employer-specific work permits and otherwise meet requirements of the program will now be on a level playing field with LMIA-holding applicants. On the whole, it appears as though points for job offers in Canada will be allocated much more fairly.
If you have any questions about this topic or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.
For more information on new developments in Workplace Law, please refer to our website at: http://www.mathewsdinsdale.com/news-events/in-a-flash/
Click here for downloadable version.