Background
Almost two years ago, Canada devised a new way of selecting immigrants for permanent residence. While there were still general categories such as Federal Skilled Worker and Canadian Experience Class, all the people that qualified in those categories would be pooled into one group, and selected based on a further ‘Express Entry’ point evaluation.
Since then, many of us have come to terms with the new system, and recognize the pros and cons. One thing everyone could agree on with regard to the new system, was that having a job offer backed by a Labour Market Impact Assessment (LMIA) was an invaluable tool to putting you ‘over the top’ in getting selected from the pool. Not everyone could get an LMIA, but if you could, you were off to the races. (Similarly, provincial nomination might achieve the same result, but that was subject to other issues including quotas in each province.)
Under the system, there were a maximum of 1200 points available. A job offer backed by an LMIA (‘Arranged Employment’) was worth 600 points. Thresholds for selection fluctuated, but typically hovered around the 470-490 mark (with 450 being the lowest ever accepted, but the points going well into the 500s in some cases).
What’s New
A. Points for Qualifying Offers of Employment
Starting November 19, points awarded for Arranged Employment under Express Entry will be awarded in a more nuanced fashion.
Now, the 600 points previously available will be allocated on a graduated basis as follows:
- 600 points: Provincial Nominations (as was previously true)
- 200 points: Qualifying Job Offers in Senior Management Positions
- Senior Management Positions are those that are categorized under NOC Codes beginning with 00, such as:
- 0013 Senior Managers – Financial, Communications and related services
- 0015 Senior Managers – Trade, Broadcasting and other services
- 0016 Senior Managers – Construction, Transportation, Production
- Senior Management Positions are those that are categorized under NOC Codes beginning with 00, such as:
- 50 points: All other ‘qualifying’ offers of employment
- The definition of a qualifying offer has been expanded to include:
- LMIA backed job offer (as before), with the same considerations for
- ‘fresh’ LMIAs for the purposes of permanent residence, and
- existing LMIAs with offers for work to continue after permanent residence is granted, as well as
- One year of employment (with the then current employer) on a work permit issued under certain International Mobility categories, notably:
- Those under an international agreement (such as NAFTA Professionals), or
- Those issued on the basis of ‘Canadian interest’, which includes intra-company transferees.
- (Of note is that open work permits, such as post-graduate or international experience class, will not be eligible for these points)
- LMIA backed job offer (as before), with the same considerations for
B. Points for Canadian Education
Further still, points for Canadian education will now be awarded as follows:
- 15 points for a one to two-year post-secondary program
- 30 points for:
- a three-year college or university program,
- an entry-to-practice degree (such as a medical degree)
- a Master’s level degree
- a Doctoral (PhD) degree
Other Changes
In addition to the substantive changes above, timelines for provision of information after selection from the pool of candidates is increasing from 60 to 90 days.
All changes will be applied to those already in the pool on November 19.
Considerations
The new calculations will be beneficial for some, and prejudicial for others. There is one unknown variable, and until that becomes known, the real impact is difficult to gauge. That variable is the threshold number that will be used for the selections for each draw. Whereas before, these hovered in the 470-490 range (as noted above), the thresholds set by the government could change drastically, to incorporate, or exclude, what it feels to be more or less qualified applicants.
For those seeking permanent residence in Canada (and their employers), the considerations will change, and we will need to wait and see how the dust settles. In our view, one group of ‘winners’ could be those working in Canada on non-LMIA work permits (e.g. intra-company transfers or NAFTA professionals), who will now get credit for that factor. (This was a significant omission when Express Entry was launched, as such work permits previously did garner some consideration; it appears that, to some degree, that recognition is back.)
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.