November 11th 2016 – Immigration authorities will significantly change the CRS Comprehensive Ranking System under Express Entry and remove a previous requirement to obtain a Labour Market Impact Assessment (LMIA) for thousands of temporary foreign workers in Canada. The new rules set to take effect November 19th, will award points without the need for an LMIA for temporary foreign workers employed at least 1-year in Canada, as Intra-Company Transferees, workers under the North American Free Trade Agreement (NAFTA) and other international agreements or workers, including skilled trades with work permits supported by currently valid LMIA’s applying for permanent residence under Express Entry.
Workers applying for permanent residence in these groups will receive 50 points if their occupation is a skill level position O, A, B under the National Occupational Code or 200 points if their occupation is a senior managerial skill level position (OO) described under the National Occupational Code.
Candidates receiving an LMIA for employment in a senior managerial level position (NOC 00), described under the National Occupational Code, will receive 200 points. Candidates receiving an LMIA for employment in all other occupations will receive 50 points.
Candidates with provincial nomination under PNP’s will continue to receive 600 points towards the overall maximum of 1200 points.
Qualified Job Offers (LMIA’s)
The new rules award either 200 or 50 points to candidates who secure a qualified job offer (LMIA) thus reducing from 600, the previous maximum number of points available for a qualified job offer.
The new rules will exempt many temporary foreign workers from a previous requirement to obtain an LMIA as a condition to receive additional points under Express Entry.
Under the new rules:
- Applicants with an LMIA for employment as a senior manager (NOC 00) described under the National Occupational Code, will receive 200 points.
- Applicants with an LMIA for employment under all other occupations described under the National Occupational Code, will receive 50 points.
- Applicants working in Canada for at least 1-year under an employer specific work permit backed by an existing LMIA or providing significant benefit to Canada (Intra-Company Transferee); NAFTA or other international agreement; with a managerial skill level position (NOC OO), will receive 200 points.
- Applicants working in Canada for at least 1-year under an employer specific work permit backed by an existing LMIA or providing significant benefit (Intra-Company Transferee) or NAFTA or other international agreement; with a skill level position O, A, B under the National Occupational Code; Skilled Trade (NOC B), will receive 50 points.
Sample of Points Awarded Under Express Entry Without Requirement For LMIA
|Category||Number of Points,|
|Provincial Nomination||600 points|
|(Any NOC type)|
|Existing Work Permit Holder|
*working under an employer specific work permit at least 1-year,backed by an existing LMIA and other conditions
(NOC O, A, B)
|Intra-Company Transferee or Significant Benefit to Canada||200 points|
(NOC O, A, B)
|NAFTA, international agreements||200 points|
(NOC O, A, B)
Th new regulations will also benefit international students completing recognized degrees and diplomas in Canada by awarding points to students completing a three-year post secondary, master’s, professional degree or doctorate. Students who complete a post secondary diploma of at least one year duration, will also be recognized. No points are awarded for a high school certificate obtained in Canada.
Points Awarded for Canadian Education Under Express Entry
|Education Level||Number of Points|
|One or two-year post secondary||15|
|Three-year post secondary, master’s, professional degree or doctorate||30|
In order to score Canadian education points, the candidate must have:
- Studied in Canada at a Canadian educational institution.
- Been enrolled in full-time study or training for at least eight months.
- Been physically present in Canada for at least eight months.
Canada’s immigration minister John McCallum has previously described foreign students as blue chip new permanent residents of Canada, given that they have language skills, knowledge of the Canadian way of life and possess recognised Canadian qualifications.
The guidelines clarify that a combination of provincial nomination, a qualified job offer and Canadian education will be capped at 600 points towards a candidate’s overall CRS score.
Candidates Currently in the Express Entry Pool
Beginning November 19th, CRS scores of candidates with existing profiles will be modified to meet the new regulations. Candidates with applicable education in Canada will receive increased CRS scores.
Summary Impact Analysis:
- International students which currently exceed 200,000 annually, have become a major focus for long term retention policies by both the federal and provincial governments. The new rules will facilitate permanent residence under Express Entry for candidates with a university degree, a post-secondary diploma and other attributes.
- The number of LMIA applications under the Express Entry system is expected to significantly decline as more candidates will be issued ITA’s under express entry without an LMIA or will defer to provincial immigration programs for a pathway to permanent residence.
- Overall (CRS) comprehensive ranking system scores of candidates in the express entry pool will decline and will have a neutral effect relative to each other.
- CRS scores under future draws will decline from previous levels.
- Approved qualifying job offers supported by an LMIA will continue to provide a significant benefit to candidates applying under express entry.
- Processing times for applications under provincial nomination programs will increase.
- The number of applicants receiving ITA’s who become permanent residents will increase by a significant measure, as the window to perfect an application increases by 50% to 90 days.
Express Entry is an immigration system introduced by Immigration, Refugees and Citizenship Canada (IRCC), in January 2015 and selects skilled workers to Canada under Federal Economic programs including Federal Skilled Workers, Federal Skilled Trades, Canadian Experience Class and certain programs under the Provincial Nominee Class. Applicants submit an online profile to the Express Entry Pool. Canadian employers and provincial governments across Canada access the best candidates who are ranked against each other. The best candidates are invited by the Federal government to apply for Canadian permanent residence under periodic draws.
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