Canada Scraps LMIA Points in Express Entry-What Does It Mean for PR Seekers?
TL;DR
The Canadian government will remove additional CRS points for LMIA-based job offers in its Express Entry system by 2024. This change aims to combat fraud in the immigration process but raises concerns about its impact on genuine applicants and employers needing skilled labor. Indian students and skilled professionals should prepare for these significant shifts in Canada’s immigration policies.
In just a few months from now, applicants for permanent residency in Canada via the Express Entry route will no longer receive extra points for holding a job offer. At present, these points—at least 50— can make the difference between being granted permanent residency and being refused. The Canadian government is scrapping the extra points provision because, on the basis of numerous anecdotal reports, crooked immigration agents, in collusion with employers, have beeb abusing provisions of the scheme.
Employers in Canada must present a Labour Market Impact Assessment before hiring a foreign workers. The document is just what it says: it assesses the impact of hiring a foreign worker on the Canadian labor market. The LMIA ensures that job opportunities are first made available to Canadian citizens and permanent residents. Employers must demonstrate that no suitable Canadian candidate is available for the position. A positive LMIA indicates that hiring a foreign worker will not negatively affect the Canadian labor market, while a negative LMIA means that a Canadian or permanent resident is available for the job. A foreign worker’s application for a work permit will not be considered unless it is accompanied by a LMIA.
Under the Express Entry provision, an applicant for Permanent Residency who has a valid job offer supported by an LMIA receives additional points in the Comprehensive Ranking System (CRS). These points can significantly boost their chances of receiving an invitation to apply for permanent residency.
For years now, the intense desire to gain Canadian permanent residency has created a profitable opportunity for both unscrupulous immigration agents and crooked employers. According to investigations, these documents are often sold for substantial amounts of money, sometimes reaching up to Canadian $ 45,000. Selling or buying LMIAs is illegal in Canada, and those caught engaging in such activities can face severe penalties. The move to eliminate the extra points advantage in the Express Entry system reflects the determination of the Canadian government to crack down on fraudulent practices to protect both foreign workers and the integrity of the immigration system.
Express Entry as the country’s “flagship application management system for those seeking to immigrate permanently through the Federal Skilled Worker Program, the Federal Skilled Trades Program, the Canadian experience class and a portion of the Provincial Nominee Program”.
On December 17, Immigration Minister Marc Miller announced that Express Entry candidates seeking Canadian PR will no longer receive additional points in the Comprehensive Ranking System (CRS) for having an LMIA-based job offer.
He did not announce the exact date on which the change will come into effect, nor did he elaborate on how this change will be implemented, or which candidates could be impacted. For prospective immigrants and employers, this uncertainty means adapting to evolving policies while keeping an eye on future announcements. The changes in rules will impact candidates pursuing PR through the Express Entry system, including those currently working in Canada temporarily. It will not affect candidates who have already been invited to apply or who have an application in progress. While the proposed changes aim to tackle fraud, they may have unintended consequences for genuine applicants and employers who rely on LMIA-backed job offers to meet Canada’s skilled labor demands.
Naresh Chavda, president of Globayan Immigration Corporation, voiced concerns, saying, “There are thousands of genuine LMIA workers who are highly skilled or have unique skillsets in demand in Canada. They and their employers could suffer due to this decision, with its ramifications for the country’s economy. To prevent fraud, the Government of Canada needs to improve the screening process and other measures, not cut the LMIA category for Express Entry fully.”