Appendix A – Express Entry: Creating an Express Entry Profile and the Requirements for Entering the Pool

Express Entry is an electronic application management system. Candidates create an online Express Entry profile through their MyCIC accounts. The authorities view the information given in the system and extend invitations to apply to various applicants.

Upon receiving the invitation to apply, applicants need to submit their Application for Permanent Residence (APR) through their MyCIC accounts. The authorities would utilise the secure MyCIC account throughout the process for communicating with the Express Entry candidates and applicants exclusively.

The Process for Creating an Express Entry Profile

Foreign nationals interested in coming to Canada would need to complete an online profile in their MyCIC account. This profile denotes a dynamic form that seeks information from the candidate. It typically asks the candidate to key in information such as:

• Age
• Work experience
• Educational background
• Language
• Adaptability
• Spouse or common-law partner (if applicable) and,
• Family composition

It is worth noting that this information remains self-declared. Citizenship and Immigration Canada (CIC) does not verify these details at this stage. Therefore, the applicants do not need to provide any supporting documents for their Express Entry profiles at this point.

However, the system informs candidates that the authorities could potentially refuse the applications if the candidates:

• Eventually submit an Application for Permanent Residence (APR) and,
• Cannot substantiate the information listed in their Express Entry profile or their Application for Permanent Residence (APR)

Moreover, if the authorities find that the applicants have misrepresented the information in their Express Entry profile or their Application for Permanent Residence (APR), the authorities could penalise the applicants further. Typically, the authorities impose a five-year ban on applicants from submitting any further immigration applications to Canada in this situation.

When candidates submit their profile in MyCIC, the system will issue them:

• An Express Entry profile number and,
• A Job Seeker validation code

Candidates need to use these codes for:

• Registering for Job Bank or,
• Validation of a provincial or territorial (PT) nomination

The Process for Acceptance into the Express Entry Pool

The information given in the profile might highlight that a specific candidate’s profile meets the Minimum Entry Criteria (MEC). In this situation, the system automatically enters the candidate’s profile into the Express Entry pool. In short, this candidate becomes eligible for receiving an Invitation to Apply (ITA) for the program(s) whose requirements the candidate appears to meet.

The Minimum Entry Criteria (MEC)

A candidate would meet the Minimum Entry Criteria (MEC) if the candidate:

• Meets the program requirements of the following programs (usually determined by the questions asked in the Express Entry profile):
• The Federal Skilled Worker Program (FSWP)
• The Federal Skilled Trades Program (FSTP) or,
• The Canadian Experience Class (CEC)
• Registers with Employment and Social Development Canada’s (ESDC’s) Job Bank if the candidate:
• Does not have a qualifying offer of arranged employment or,
• Does not have a provincial or territorial nomination (PT) that the jurisdiction has validated AND,
• Obtains a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) if the candidate needs an offer of arranged employment to meet the following program requirements:
• The Federal Skilled Worker Program (FSWP) or,
• The Federal Skilled Trades Program (FSTP)
• This is applicable unless:
• The candidate’s job offer is from an employer for whom the candidate is currently working on a valid work permit that the authorities issued based on a Labour Market Impact Assessment (LMIA) and,
• The job offer has the same minor National Occupational Classification (NOC) 3-digit code as the occupation listed on the work permit (for Federal Skilled Trades Program (FSTP) applications)

Some candidates might find that they meet the program requirements for the following programs:

• The Federal Skilled Worker Program (FSWP)
• The Federal Skilled Trades Program (FSTP) or,
• The Canadian Experience Class (CEC)

In this scenario, these candidates would typically have 30 calendar days from the time they submit their profiles for completing any outstanding requirements. Typical requirements could include registering for Job Bank etc. Unless these individuals complete their outstanding requirements, the system will not enter their profiles into the pool.

Note:

• Certain applicants would need their employers to obtain a Labour Market Impact Assessment (LMIA) if they need arranged employment for meeting the program requirements for:
• The Federal Skilled Worker Program (FSWP) or,
• The Federal Skilled Trades Program (FSTP)
• These applicants would typically be those individuals who previously, could qualify for arranged employment under R82 (2) (b) and R87.2 (3) (d) (ii) without a Labour Market Impact Assessment (LMIA)
• Similarly, applicants who do not need an offer of arranged employment for meeting program requirements do not need to obtain one

The Process for Registering with Employment and Social Development Canada’s (ESDC’s) Job Bank

Employment and Social Development Canada’s (ESDC’s) Job Bank is an online job site. It provides a matching service for:

• Canadian employers
• Canadians
• Permanent residents and,
• Express Entry candidates

Express Entry candidates will typically use Job Bank for:

• Setting up job alerts and,
• Viewing and applying for job postings

Similarly, Canadian employers will be able to use Job Bank for recruiting Express Entry candidates who meet their labour market needs. However, these employers would need to ensure that they:

• Have been unable to fill vacant positions with the domestic workforce and,
• Meet the conditions prescribed for applying for a Labour Market Impact Assessment (LMIA)

Candidates would need to register with Employment and Social Development Canada’s (ESDC’s) Job Bank if they:

• Do not have a qualifying offer of arranged employment or,
• Do not have a provincial or territorial nomination (PT) that the jurisdiction has validated

When these candidates submit their profile in MyCIC, the system will issue them:

• An Express Entry profile number and,
• A Job Seeker validation code

These individuals would need to use these for registering with Job Bank. In addition, they must register within 30 calendar days of submitting their Express Entry profile. Job Bank would automatically confirm this information with Citizenship and Immigration Canada’s (CIC’s) Express Entry system. Thereafter, Citizenship and Immigration Canada’s (CIC’s) Express Entry system would update the candidate’s profile. This would make the candidate eligible for entering into the pool.

The Qualifying Offer of Arranged Employment

Some candidates might declare that they have a qualifying offer of arranged employment in Canada in their Express Entry profiles. The Express Entry Ministerial Instructions specify the definition of qualifying offers of arranged employment.

Typically, the employer cannot be:

• An embassy in Canada
• A high commission in Canada
• A consulate in Canada or,
• An employer appearing on the list referred to in R209.91 (2)

In some cases, the authorities might require a Labour Market Impact Assessment (LMIA). To address this, the candidates would need to submit the Labour Market Impact Assessment (LMIA) number in their Express Entry profile. This is especially so if they comply with one or both of the following requirements:

• They wish to obtain 600 points in the Comprehensive Ranking System (CRS) for having a qualifying offer of arranged employment (all programs)
• They need a qualifying offer of arranged employment for meeting the requirements of a federal program
• Federal Skilled Trades Program (FSTP) candidates would need a qualifying offer of arranged employment if they do not have a provincial or territorial certificate of qualification
• Federal Skilled Worker Program (FSWP) candidates would need to obtain points in the skilled worker grid for having an offer of employment

The Labour Market Impact Assessment (LMIA) Requirements for Temporary Foreign Workers Applying for Express Entry

In certain circumstances, Express Entry candidates employed in Canada on a temporary resident work permit might not need to acquire a new Labour Market Impact Assessment (LMIA) for supporting their expression of interest. This is applicable even if the assessment expiry date posted on the Labour Market Impact Assessment (LMIA) has elapsed. However, they would need to possess a temporary resident work permit based on a positive Labour Market Impact Assessment (LMIA), issued by Employment and Social Development Canada (ESDC).

Some candidates might not need their employer to apply for a new Labour Market Impact Assessment (LMIA) for supporting their job offer under Express Entry. This is applicable if the candidates are:

• Currently working in Canada in a National Occupational Classification (NOC) 0, A or B occupation and,
• Meeting all the requirements of the Federal Skilled Worker (FSW) Program or the Canadian Experience Class (CEC)

However, the candidates would need to meet all the requirements listed below to be eligible for this provision. The candidates:

• Must have valid work permits at the time they submit their profiles
• Must currently be working for the employers specified on the work permit
• Must have received an offer from their current employers stating that the employers will employ them in Canada on a fulltime, non-seasonal, indeterminate basis in a National Occupational Classification (NOC) Skill Type  0, A or B occupation, once the candidates receive permanent resident visas
• Must receive job offers from the same employers specified on the work permits
• Must ensure that their employers do not comprise an embassy, consulate or a high commission in Canada and dodo not appear on the list referred to in R203 (6)

Situations could arise where the candidates are currently working in Canada in a skilled trades occupation. As such, they might not meet the requirements specified above. However, these individuals could well qualify in another manner. As long as they meet the requirements of the Federal Skilled Trades Class, these individuals would not require that their employers apply for new Labour Market Impact Assessment (LMIA) for supporting their job offer under Express Entry.

However, the candidates would need to meet all the requirements listed below to be eligible for this provision. The candidates:

• Must have valid work permits at the time they submit their profiles
• Must currently be working for up to two employers specified on their work permits
• Must have received an offer from their current employers stating that the employers will employ them in Canada on a fulltime basis for at least one year in an occupation that is in the same minor National Occupational Classification (NOC) three-digit code as the one for which the candidates received their temporary resident Labour Market Impact Assessment (LMIA), once the candidates receive permanent resident visas
• Must receive job offers from one or both of the employers specified on the work permits
• Must ensure that their employers do not comprise an embassy, consulate or a high commission in Canada and dodo not appear on the list referred to in R203 (6)

Maintaining the Validity of the Express Entry Profile

An Express Entry profile remains valid for one year. However, to keep the profile valid, the candidate:

• Would need to continue meeting the Minimum Entry Criteria (MEC) and,
• Must not have received an Invitation to Apply (ITA) during this time

It is worth noting that the counter is continuous. As such, it does not restart if the candidate:

• Updates the profile or,
• Returns to the pool after declining an Invitation to Apply (ITA)

In addition, the system treats one year as being 365 or 366 days, depending on whether or not it is a leap year. Thus, the system automatically makes the adjustment for leap years.

Typically, the system removes a candidate’s profile from the Express Entry pool if the candidate does not receive an Invitation to Apply (ITA) after one year. However, the information from this profile continues to remain available in the candidate’s MyCIC account for 60 calendar days. Therefore, the candidate has the option of utilising this for submitting a new profile by validating and updating previously submitted information.

The system flushes out the information it contains in a profile if the candidate does not submit a new profile within 60 calendar days. Therefore, the candidate would need to enter entirely new information into a new profile. This is applicable if the candidates wants to submit a new expression of interest.

When they submit their new profiles, candidates would need to:

• Meet the Minimum Entry Criteria (MEC)
• Re-register with Employment and Social Development Canada’s (ESDC’s) Job Bank by using their:
• Express Entry profile number and,
• Job Seeker validation code

Candidates bear the responsibility for ensuring that their Express Entry profile is accurate and updated at all times. They would need to remember that the authorities would assess them based on the information specified in their profiles. This is especially the case when the authorities issue an Invitation to Apply (ITA) to them.