Express Entry – How It Works and the Ranking System

Express Entry will manage applications for permanent residence under these federal economic immigration programs:

Provinces and territories will also be able to recruit candidates from the Express Entry system through their Provincial Nominee Programs to meet local labour market needs.

Ministerial Instructions set out the rules for governing the Express Entry application management system.

The Express Entry system has two steps:

Step 1) Potential candidates complete an online Express Entry profile

Potential candidates will complete an online Express Entry profile. This is a secure form that they will use to provide information about their:

  • skills,
  • work experience,
  • language ability,
  • education, and
  • other details that will help us assess them.

Those who meet the criteria of one of the federal immigration programs listed above will be accepted into a pool of candidates.

Anyone who does not already have a job offer supported by a Labour Market Impact Assessment (LMIA) (if you need one), or a nomination from a province or territory, must register with Employment and Social Development Canada’s (ESDC) Job Bank. Job Bank will help connect Express Entry candidates with eligible employers in Canada.

Candidates are also encouraged to promote themselves to employers in other ways, such as using job boards, recruiters etc.

In most cases when there is a job being offered to a candidate, employers will need an LMIA from ESDC. The LMIA process ensures employers have made an effort to hire Canadians for available jobs. There will be no LMIA fee for permanent resident applications.

Step 2) The highest-ranking candidates in the pool will be invited to apply for permanent residence

Candidates will be ranked against others in the pool using a point-based system called the Comprehensive Ranking System. Points are awarded using the information in their profile.

Candidates with the highest scores in the pool will be issued an Invitation to Apply. Candidates will be awarded points for:

  • a job offer, and/or
  • a nomination from a province or territory, and/or
  • skills and experience factors.

A candidate can get additional points for:

  • a job offer supported by a Labour Market Impact Assessment, or
  • a nomination by a province or territory

These additional points will make a candidate rank high enough to be invited to apply at the next eligible draw of candidates.

If someone is invited to apply, they will have 60 days to submit an online application for permanent residence.

Citizenship and Immigration Canada will process the majority of complete applications (meaning those with all the necessary supporting documents) in six months or less.

Candidates can stay in the pool for up to 12 months. If they do not get an Invitation to Apply for permanent residence within 12 months of submitting an Express Entry profile, they may submit a new profile. If they still meet the criteria, they can re-enter the pool. This will prevent backlogs and ensure quick processing times.

Express Entry – Comprehensive Ranking System (CRS) criteria

A) Summary of points per factor for Express Entry candidates
A. Core / human capital factors Points per factor – With a spouse or common-law partner Points per factor – Without a spouse or common-law partner
Age 100 110
Level of education 140 150
Official languages proficiency 150 160
Canadian work experience 70 80
B) Summary of points per factor for Express Entry candidates
B. Spouse or common-law partner factors Maximum 40 points
Level of education 10
Official language proficiency 20
Canadian Work Experience 10
A. Core/human capital + B. Spouse or common-law partner factors Maximum 500 points (with a spouse or common-law partner) Maximum 500 points (without a spouse or common-law partner)
C) Summary of points per factor for Express Entry candidates
C. Skill Transferability factors Maximum 100 points
Education Maximum 50 points
With good/strong official languages proficiency and a post-secondary degree 50
With Canadian work experience and a post-secondary degree 50
Foreign work experience Maximum 50 points
With good/strong official languages proficiency and foreign work experience 50
With Canadian work experience and foreign work experience 50
Certificate of qualification (for people in trade occupations) Maximum 50 points
With good/strong official languages proficiency and a certificate of qualification 50
A. Core/human capital + B. Spouse or common-law partner + C. Transferability factors Maximum 600 points
D) Summary of points per factor for Express Entry candidates
D. Additional points (maximum 600)
Arranged employment 600
PN nomination 600
A. Core/human capital + B. Spouse or common-law partner factors + C. Transferability factors + D. = Grand total – 1,200

CRS – Core factors

Core / human capital factors With a spouse or common-law partner (Maximum 460 points) Without a spouse or common-law partner (Maximum 500 points)
Age Number of points (100 maximum) Number of points (110 maximum)
17 years of age or less 0 0
18 years of age 90 99
19 years of age 95 105
20 to 29 years of age 100 110
30 years of age 95 105
31 years of age 90 99
32 years of age 85 94
33 years of age 80 88
34 years of age 75 83
35 years of age 70 77
36 years of age 65 72
37 years of age 60 66
38 years of age 55 61
39 years of age 50 55
40 years of age 45 50
41 years of age 35 39
42 years of age 25 28
43 years of age 15 17
44 years of age 5 6
45 years of age or more 0 0
Level of Education With a spouse or common-law partner – Number of points (140 maximum) Without a spouse or common-law partner – Number of points (150 maximum)
Less than Secondary school (high school) credential 0 0
Secondary school (high school) credential 28 30
One-year post-secondary program credential 84 90
Two-year post-secondary program credential 91 98
Post-secondary program credential of three years or longer 112 120
Two or more post-secondary program credentials AND at least one of these credentials was issued on completion of a post-secondary program of three years or longer 119 128
University-level credential at the Master’s level OR an entry-to-practice professional degree. CIC only accepts as an entry-to-practice professional degree, those degrees issued in relation to an occupation listed at NOC Skill level A and for which licensing by a provincial regulatory body is required. 126 135
University-level credential at the Doctoral level 140 150
Official languages proficiency – first official language
Reading, writing, speaking and listening total points for each ability:

  • 32 with a spouse or common-law partner
  • 34 without a spouse or common-law partner
With a spouse or common-law partnerMaximum 128 points Without a spouse or common-law partner Maximum 136 points
For each ability 32 34
Less than CLB 4 0 0
CLB 4 or 5 6 6
CLB 6 8 9
CLB 7 16 17
CLB 8 22 23
CLB 9 29 31
CLB 10 or more 32 34
Official languages proficiency – second official language
Reading, writing, speaking and listening total points for each ability:

  • 5.5 with a spouse or common-law partner
  • 6 without a spouse or common-law partner
With a spouse or common-law partnerMaximum 22 points Without a spouse or common-law partner Maximum 24 points
For each ability 6 6
CLB 4 or less 0 0
CLB 5 or 6 1 1
CLB 7 or 8 3 3
CLB 9 or more 6 6
Canadian work experience With a spouse or common-law partnerMaximum 70 points Without a spouse or common-law partner Maximum 80 points
None or less than a year 0 0
1 year 35 40
2 years 46 53
3 years 56 64
4 years 63 72
5 years or more 70 80
Subtotal – Core / human capital factors Out of 460 points Out of 500 points

CRS – Spouse or common-law partner factors (if applicable)

Spouse or common-law partner factors With spouse or common-law partner – number of points per factor Without spouse or common-law partner (0 points – does not apply)
Spouse’s or common-law partner’s level of education 10 0
Less than secondary school (high school) credential 0
Secondary school (high school) credential 2
One-year post-secondary program credential 6
Two-year post-secondary program credential 7
Post-secondary program credential of three years or longer 8
Two or more post-secondary program credentials AND at least one of these credentials was issued on completion of a post-secondary program of three years or longer 9
University-level credential at the Master’s level OR an entry-to-practice professional degree. CIC only accepts as an entry-to-practice professional degree, those degrees issued in relation to an occupation listed at NOC Skill level A and for which licensing by a provincial regulatory body is required. 10
University-level credential at the Doctoral level 10
Spouse’s or common-law partner’s official languages proficiency – first official languageReading, writing, speaking and listening– total points for each ability Maximum 20 points 0 (does not apply)
For each ability 5
CLB 4 or less 0
CLB 5 or 6 1
CLB 7 or 8 3
CLB 9 or more 5
Canadian work experience Maximum 10 points 0 (does not apply)
None or less than a year 0
1 year 5
2 years 7
3 years 8
4 years 9
5 years or more 10
Subtotal – Core / human capital + Spouse or common-law partner factors 500 500

CRS – Skill transferability factors

Skill Transferability factors Maximum 100 points for this section
Education Maximum 50 points for Education
With good official language proficiency and a post-secondary degree Maximum 50 points
Points for CLB 7 or more on all first official language abilities, one or more under 9 Points for CLB 9 or more on all four first official language abilities
Secondary school (high school) credential or less (levels 1 & 2) 0 0
Post-secondary program credential of one year or longer (levels 3,4 & 5) 13 25
Two or more post-secondary program credentials AND at least one of these credentials was issued on completion of a post-secondary program of three years or longer (levels 6,7 & 8) 25 50
With Canadian work experience and a post-secondary degree Maximum 50 points
Points for education + 1 year of Canadian work experience Points for education + 2 years or more of Canadian work experience
Secondary school (high school) credential or less (levels 1 & 2) 0 0
Post-secondary program credential of one year or longer (levels 3,4 & 5) 13 25
Two or more post-secondary program credentials AND at least one of these credentials was issued on completion of a post-secondary program of three years or longer (levels 6,7 & 8) 25 50
Foreign work experience Maximum 50 points for Foreign work experience
With good official language proficiency and foreign work experience 50 points
Points for foreign work experience + CLB 7 or more on all first OL abilities, one or more under 9 Points for foreign work experience + CLB 9 or more on all four first OL abilities
No foreign work experience 0 0
1 or 2 years of foreign work experience 13 25
3 years or more of foreign work experience 25 50
With Canadian work experience and foreign work experience Maximum 50 points
Points for foreign work experience + 1 year of Canadian work experience Points for foreign work experience + 2 years or more of Canadian work experience
No foreign work experience 0 0
1 or 2 years of foreign work experience 13 25
3 years or more of foreign work experience 25 50
Certificate of qualification (trade occupations) Maximum 50 points for this section
With good official language proficiency and a certificate of qualification Maximum 50 points
Points for certificate of qualification + CLB 5 or more on all first OL abilities, one or more under 7 Points for certificate of qualification + CLB 7 or more on all four first OL abilities
With a certificate of qualification 25 50
Subtotal:
A. Core + B. Spouse or common-law partner + C. Skill transferability factors
600
Additional points Maximum 600 points
1) Arranged employment OR 600
2) Provincial or territorial nomination 600
Grand total Maximum 1,200 points

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One of our licensed immigration consultants can speak with you in person, online or on the phone about your unique immigration situation and give you a breakdown of your options.bookappointment

Express Entry: What Prospective Candidates Need to Know

Canada is changing its economic immigration programs to give more opportunities to prospective skilled immigrants. Starting January 2015, skilled foreign workers will have access to Express Entry, which will cover Canada’s key economic immigration programs:

  • the Federal Skilled Worker Program,
  • the Federal Skilled Trades Program,
  • the Canadian Experience Class, and
  • a portion of the Provincial Nominee Program.

Candidates who are invited to apply for permanent residence under the Express Entry system will benefit from fast processing times of six months or less.

Express Entry will also provide a pathway for skilled workers to connect with potential job opportunities in Canada prior to arrival.

Express Entry will ensure that the candidates who are most likely to succeed economically – not simply those first in line – are able to immigrate to Canada.

How Express Entry Works

Image described below

Step 1

Potential candidates create an online Express Entry profile

Express your interest in coming to Canada as a skilled foreign worker. Starting in January 2015, create an online Express Entry profile and tell us about your skills, work experience, language ability, education and other details.

Before doing this, you will need to take a language test in English or French. If you were educated outside of Canada, you may also need to have your education assessed against Canadian standards. More information on language and education assessments is available online.

If you meet the criteria of one of the federal economic immigration programs subject to Express Entry, you will be placed in a pool of pre-screened candidates.

If you do not already have a Canadian job offer or a nomination from a province/territory, you must register with the Government of Canada’s Job Bank. Job Bank is an easy, online search tool that will help you get matched with jobs in Canada based on your skills, knowledge and experience.

Express Entry Pool

You will be given a score to determine your place in the Express Entry pool using a Comprehensive Ranking System that includes factors known to contribute to economic success (such as language, education, and work experience).

There will be regular draws of candidates from the Express Entry pool, inviting them to apply for permanent residence. Candidates with the highest scores, including those who have a valid job offer or a provincial/territorial nomination, will be invited to apply.

Your Express Entry profile will be valid for 12 months. During that time, you will need to update your profile if circumstances change, such as your level of education or language test results.

Important: Filling out an online Express Entry profile is not a guarantee that you will qualify for permanent residence. If you are invited to apply for permanent residence, information provided in your Express Entry profile will be verified at that time.

Step 2

Selected candidates are invited to submit an electronic application for permanent residence

You will receive an Invitation to Apply for permanent residence if you:

  • have a valid job offer from an employer in Canada (subject to the Labour Market Impact Assessment process in place at that time);
  • have been nominated by a province or territory; or
  • are among the top ranked in the pool based on your skills and experience.

Citizenship and Immigration Canada will process the majority of complete permanent residence applications received within six months or less.

Candidates in the Express Entry pool who do not receive an Invitation to Apply for permanent residence after 12 months can resubmit their profile and re-enter the pool if they still meet the criteria.

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Canadians Choosing to Live in Urban Cores – Report

High density neighbourhood in Downtown Vancouver. A new report says Canadians are choosing the shorter commute times and proximity to work offered by residences in city cores over larger houses in the suburbs (photo credit: Guilhem Vellut from Vancouver, Canada)

Canadians are increasingly preferring downtown living over life in suburbia, according to a new report on Canada’s real estate market.

Issued jointly by PricewaterhouseCoopers and the Urban Land Institute (ULI), the annual report aims to track trends in the country’s real estate market, and has identified the growing preference for urban living as a major shift that will shape Canadian cities.

The emerging trend toward living in the urban core is accompanying greater construction of high density mixed-use development which can include residential, retail, office and hotel units under one roof.

The report cites a declining tolerance for long commutes among Canadians, as well as municipal policy to encourage intensification in city cores over an expansion of their suburbs, as the major forces behind the growing trend.

It warns that the reverse migration to city cores could spell trouble for commercial real estate in the suburbs. An expansion by American firms in Canada, amid a strengthening U.S. economy, could counteract this drop in demand for suburban office space, the report says.

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Temporary Foreign Worker Program Applications Fall By 74%

Following the big changes to the Canadian Foreign Worker Program, the month of August, 2014 saw a drop by nearly three quarters on the same month in 2012 in the number of applications made to hire temporary foreign workers.

Speaking during Question Period in the House of Commons in Ottawa, Employment Minister Jason Kenney stated that “We announced a fundamental sweep of reforms to the Temporary Foreign Worker Program earlier this year to ensure that it is used as a last and limited resort and that Canadians always come first in the workforce.

Kenney Temporary Foreign Program

“Since those reforms were announced we’ve seen a 75-per-cent reduction in the number of applications in temporary foreign workers on the part of employers,” added Mr. Kenney, who used to hold the Citizenship and Immigration portfolio within the Government of Canada.

New rules for hiring temporary foreign workers introduced in June make it more difficult for employers to hire internationally, requiring them to meet strict criteria to ensure Canadians are first in line for jobs. It has also seen a large increase in the application fee, from 0 to $1000 per application for every employee.

Immigration Will Have Large Effect On Population Changes, Says Statistics Canada

Statistics Canada, the federal agency assigned to produce statistics to better understand Canada, has released its latest population projections. It is projected that immigration will heavily influence the makeup of the country over the coming decades.

Alberta, for example, will most likely overtake British Columbia as the third most populace province by 2038, reaching between 5.6 million and 6.8 million. Its current population is just over 4 million. A young workforce attracted to the province by a strong economy will result in Alberta continuing to have the lowest proportion of seniors in the country.

Quebec’s population will also increase, mostly due to immigration, but its share of the Canadian population will reduce in size as the populations of other provinces increase more rapidly.

The population of Ontario is expected to increase to between 14.8 million and 18.3 million by 2038. Ontario would remain the most populous province according to all scenarios. In all scenarios, immigration would remain the key driver of Ontario’s population growth.

Most scenarios show Newfoundland and Labrador, Nova Scotia and New Brunswick all losing population over the next 25 years. This is due to their relatively older age structure, their small share of Canadian immigration, and the tendency of many younger members of their Canadian-born populations to seek work in other provinces.

The overall population of Canada is projected to be between 39 million and 48 million by 2038.

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Temporary Foreign Worker Program Overhaul: What Workers Need to Know

On June 20, 2014, the Government of Canada announced major changes to the Temporary Foreign Worker Program (TFWP). These changes have significant repercussions for Canadian employers across the country as well as current and future foreign workers.

The recent TFWP overhaul affects Canadian employers. Of course, many of these changes also have a significant impact on how foreign workers obtain their work permits, as well as what will happen during and after arrival in Canada.

Following is detail of the most important changes and what they mean for current and future foreign workers in Canada.

Labour Market Impact Assessments (LMIAs)

In most cases, Canadian employers need to obtain government approval before hiring a foreign worker. This approval comes in the form of a Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO).

In the eyes of the government, the responsibility for securing an LMIA rests solely with the employer in Canada. The LMIA process assesses whether the employer is eligible to hire from abroad.

If you are a foreign worker who has received a job offer in Canada, especially from a small or medium sized employer, you should be prepared for the employer to possibly question whether they want to go through this process at all.

LMIA-Based Work Permit Restrictions

In addition to increased LMIA requirements, there are now new time limits placed on work permits that require LMIAs. Individuals whose Canadian job offers are considered ‘low-wage’ under the new LMIA system (that is, individuals who will be paid less than the provincial median wage) will be issued work permits valid for no longer than one year in length. In addition, low-wage applications that were submitted before June 20, 2014 will not be processed. They will be returned with a refund of government processing fees. Employers are welcome to re-apply following the new rules for low-wage LMIAs.

The government has also implied that the maximum work permit length for ‘high-wage’ workers, who are paid a salary that meets or exceeds provincial median wages, will also be reduced. It has been reported that the maximum length will be cut to two years, although this has yet to be formally implemented.

Options remain in place to renew work permits that are set to expire, as well as to transition from temporary worker status to permanent resident status.
Moratorium Lifted for Food Service Work Permits

On April 24, 2014, the government announced a moratorium on LMIA and work permit issuances for certain occupations in the food services sector. As ofJune 20, this moratorium has been lifted and workers in the food sector may once again apply for work authorization.

LMIA-Exempt Work Permits

Work permits that do not require LMIA approval are now known as ‘International Mobility Programs’.

Certain work permits are LMIA-exempt but remain tied to a specific employer. These sorts of permits most commonly pertain to individuals applying under the NAFTA Program and the Intra-Company Transfer Program.

Currently, individuals are able to apply for their LMIA-exempt work permit once they obtain a job offer from a Canadian employer. In the future (date unknown), Canadian employers will be required to submit their job offers for approval to Citizenship and Immigration Canada before the foreign worker can apply for the work permit. Employers will be required to pay a $230 processing fee to have their job offer evaluated.

The foreign worker must still pay the standard $155 work permit application fee when submitting an application.

Open Work Permit Fees

In the future (date unknown), recipients of Open Work Permits will be required to pay a $100 ‘privilege fee’ in addition to the standard application fee of $155. Individuals who are eligible for open work permits include the spouses of foreign workers and students in Canada as well as participants in certain work exchange programs.

All new fees will help to cover government services such as work permit processing and employer compliance inspections.

Working in Canada Today

It is important to note that individuals who are currently in Canada on a work permit will not see any changes made to their current permits. However, any requests to renew or extend their work permits will be subject to the new rules.

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Big changes to the Canadian Foreign Worker Program – In Detail

navigating-temp-foreign-worker-programImproving Clarity, Transparency and Accountability of the Temporary Foreign Worker Program

To offer greater clarity and transparency, the Temporary Foreign Worker Program (TFWP) is being re-organized into two distinct programs (TFWP and IMP). This will reduce confusion and better reflect the major differences between the various streams.

On Friday, June 20, 2014 a significant overhaul of the Temporary Foreign Workers Program was announced at a lengthy media conference with both Minister of Employment and Social Development Jason Kenney and CIC Minister Chris Alexander presiding.

Background to Changes

The Ministers’ announcements come after what has been a long and grueling controversy surrounding the Program and its administration. In particular, there have been noted employers in the news as of late whose employment practices have been called into question. Stories of replacing Canadian workers with temporary foreign workers to employer abuses in terms of promises of wages and accommodation for their foreign workers have plagued the evening news.

With the new changes that have been made, the Government hopes to strike the right balance between ensuring that the TFWP is flexible enough to respond to Canada’s labour shortages while also protecting the rights of both temporary foreign workers and Canadian citizens.

TFWP Going Forward

The TFWP will now refer to only those streams under which foreign workers enter Canada at the request of employers following approval through a new Labour Market Impact Assessment (LMIA). The new International Mobility Programs (IMP) will include those streams in which foreign nationals are not subject to an LMIA, and whose primary objective is to advance Canada’s broad economic and cultural national interest, rather than filling particular jobs. These new categories will improve accountability, with Employment and Social Development Canada being the lead department for the TFWP, and Citizenship and Immigration Canada the lead department for the IMP.

Temporary Foreign Worker Program Objective:
Last resort for employers to fill jobs for which qualified Canadians are not available

International Mobility Programs Objective:
To advance Canada’s broad economic and cultural national interest

Based on employer demand to fill specific jobs Not based on employer demand
Unilateral and discretionary Base largely on multilateral/bilateral agreements with other countries (e.g. NAFTA, GATS)
Employer must pass Labour Market Impact Assessment (formerly LMO) No Labour Market Impact Assessment required
Lead department ESDC Lead department CIC
No reciprocity Based largely on reciprocity
Employer-specific work permits (TFWs tied to one employer) Generally open permits (participants have greater mobility)
Majority are low-skilled (e.g. farm workers) Majority are high skill / high wage
Last and limited resort because no Canadians are available Workers & reciprocity are deemed to be in the national economic and cultural interest
Main source countries are developing countries Main source countries are highly developed

In the interest of greater transparency and accountability, data for the TFWP and IMP have been re-organized so that statistics on the two distinct programs can be accurately tracked going back 10 years. Of the 221,273 foreign nationals entering Canada in 2013, 62 percent (137,533) came in under the IMP, the other 38 percent, or (83,740), came in under the TFWP.

Using Wage Instead of National Occupation Codes

The Temporary Foreign Worker Program (TFWP) will now be administered based on wage instead of the National Occupational Classification (NOC). The Government has found that Wage is a more objective and accurate reflection of skill level and labour need in a given area. Temporary foreign workers being paid under the provincial/territorial median wage will be considered low-wage, while those being paid at or above will be considered high-wage.

Median Hourly Wages by Province/Territory

Province/Territory

Wage ($/hr)

Newfoundland and Labrador $ 20.19
Prince Edward Island $ 17.26
Nova Scotia $ 18.00
New Brunswick $ 17.79
Quebec $ 20.00
Ontario $ 21.00
Manitoba $ 19.00
Saskatchewan $ 21.63
Alberta $ 24.23
British Columbia $ 21.79
Yukon $ 27.93
Northwest Territories $ 32.53
Nunavut $ 29.96

Source: Labour Force Survey, 2013

The primary categories under the new TFWP

Under the new TFWP, there will be a priority focus on the following occupational streams:

High-wage:positions at or above the provincial/territorial median wage; examples of high-wage occupations include managerial, scientific, professional and technical positions as well as the skilled trades.

Low-wage:positions below the provincial/territorial median wage; examples of low-wage occupations include general labourers, food counter attendants, and sales and service personnel.

Primary Agricultural Streamincludes positions related to on-farm primary agriculture such as general farm workers, nursery and greenhouse workers, feed lot workers and harvesting labourers, including under the Seasonal Agricultural Workers Program, which enables the entry of foreign workers from Mexico and a number of Caribbean countries to meet the temporary, seasonal needs of agricultural producers.

Highest-demand, highest-paid or shortest-duration: Labour Market Impact Assessments for in-demand occupations (skilled trades), highly paid occupations (top 10%) or short-duration (120 days or less) entries will be provided within a 10 business day service standard. As for all requests to hire temporary foreign workers, LMIAs would only be granted after a rigorous review of all of the elements of the employer’s application in each of these cases.

Live-in Caregiver Programno change.

New Labour Market Impact Assessment (LMIA) Snapshot

The labour market test that allows employers to bring temporary foreign workers to Canada is being transformed from a Labour Market Opinion (LMO) to a new Labour Market Impact Assessment (LMIA), a process that is more comprehensive and rigorous. Employers must provide additional information, including the number of Canadians that applied for their available job, the number of Canadians the employer interviewed, and explain why those Canadians were not hired. Employers must now also attest they are aware of the rule that Canadians cannot be laid-off or have their hours reduced at a worksite that employs temporary foreign workers.

New and better sources of labour market information will be used to determine if there are Canadians who could fill these positions.

LMIAs are conducted and processed by Employment and Social Development Canada (ESDC). ESDC will refuse to process applications when there are concerns that temporary foreign workers may or will have a significant negative effect on the Canadian labour market.

Current numbers and statistics show that the TFWP is no longer being used as it was intended to be used — as a last and limited resort to allow employers to bring foreign workers to Canada on a temporary basis to fill jobs for which qualified Canadians are not available. The reforms are being implemented to end the growing practice of employers building their business model on access to the TFWP.

Accordingly, the Government of Canada is introducing a cap to limit the proportion of low-wage temporary foreign workers that a business can employ. The cap will significantly restrict access to the TFWP, while ensuring that Canadians are always considered first for available jobs, reducing employer reliance on the program and increasing wages offered to Canadians. It is expected that this measure alone will nearly cut in half the number of low-wage temporary foreign workers once fully implemented.

Employers with 10 or more employees will be subject to a cap of 10 percent on the proportion of their workforce that can consist of low-wage temporary foreign workers. This cap will be applied per worksite of an employer and is based on total hours worked at that worksite. To provide employers time to transition and adjust to this new cap, it will be phased in over the next couple of years.

Effective immediately, employers that are applying for a new LMIA will be limited at 30 percent or frozen at their current level, whichever is lower. This transition measure will be further reduced to 20 percent beginning July 1, 2015 and reduced again to 10 percent on July 1, 2016. The Government may consider lowering the cap further in the future. Temporary foreign workers currently working at work sites over the cap will be allowed to continue working at those sites until their existing work permits expire.

The caps will ensures that large employers with multiple locations cannot be over their limit for low-wage temporary foreign workers at any one of their locations. For example, a large employer with an overall national workforce comprised of 5 percent temporary foreign workers cannot justify bringing in larger volumes of foreign workers at specific locations and having the temporary foreign worker staff at those locations exceed the cap.

The cap sends an important message—temporary foreign workers cannot be used as a business model and employers must do more to recruit, hire and train Canadians. This measure will help drive down the overall number of low-wage temporary foreign workers in Canada and end the distortion in the labour market caused by their prevalence in some sectors and regions.

Refusing Applications in Areas of High Unemployment

Effective immediately, the Government will begin the process of refusal of certain Labour Market Impact Assessment applications in the Accommodation, Food Services and Retail Trade sectors. Specifically, any applications for positions that require little or no education or training will not be processed in economic regions with an unemployment rate at or above 6%.

Reducing the Duration of Work Permits set out in Labour Market Impact Assessments

Effective immediately, the duration of work permits set out in Labour Market Impact Assessments (LMIAs) will be limited to a maximum of one year for all low-wage positions, rather than the 2 year duration that existed previously. Employers of low-wage temporary foreign workers must reapply every year for an LMIA, better-accommodating for changes in labour market conditions that might have occurred.

Reducing the Length of Time a Temporary Foreign Worker can Work in Canada

The TFWP is to be used as a last and limited resort, and to encourage employers to make even greater efforts to ensure foreign workers are coming in on a truly temporary basis and that Employers are encouraged to hire and train Canadian workers before seeking temporary foreign workers. In order to facilitate this transition, the Government will reduce how long a temporary foreign worker in the low-wage stream can work in Canada. This measure will not apply to temporary foreign workers currently in Canada on valid work permits.

Changing the Provincial/Territorial Temporary Foreign Worker Annexes

Five provincial/territorial governments (Alberta, British Columbia, Ontario, Nova Scotia and Yukon) currently have annexes to their immigration agreements with the Government that establish Labour Market Impact Assessment (LMIA) exemptions in their jurisdiction. In these cases, the provinces and territories may propose LMIA exemptions for certain occupations and pilot projects involving exemptions to the LMIA process can be initiated.

Transition Plans for High-Wage Positions

Employers who want to hire temporary foreign workers in high-wage occupations will be required (with limited exceptions) to submit transition plans with their Labour Market Impact Assessment (LMIA) application to ensure that they are taking steps to reduce their reliance on temporary foreign workers over time. This underscores the purpose of the program — which is to operate as a last and limited resort to address immediate labour needs on a temporary basis when qualified Canadians are not available.

Highest-Demand, Highest-Paid and Shortest-Duration Occupations

LMIAs for highest-demand occupations (skilled trades), highest-paid (top 10 percent) occupations or short-duration work periods (120 days or less) will now be provided within a 10-business-day service standard. As is the case for all requests to hire temporary foreign workers, LMIAs would only be granted after a rigorous review of all of the elements of the employer’s application in each of these cases. This service standard will be met by processing these applications first, not by reducing the thoroughness of these LMIAs.

Labour Market Impact Assessment Fee of $1,000

As with the proposed changes and the more rigorous measures to be implemented in the new Temporary Foreign Worker Program (TFWP), this will substantially increase the cost of delivering the program. The costs for administering the TFWP, including all of the reforms outlined above, will be borne entirely by employers who use the program, and not by Canadian citizens and tax payers. As a result, the LMIA fee is increasing from $275 to $1,000 for every temporary foreign worker position requested by an employer.

The following chart illustrates the increase of the fee over the past few years:

 Year

 Assessment Fee

1973 – 2013

 $0

July 2013

 $275

June 2014

$1,000

The fee will be evaluated on an ongoing basis, and necessary adjustments will be made to ensure that it continues to fully cover the costs of the TFWP.

Additionally, the Ministry of Employment and Social Development will be seeking the authority to impose an estimated $100 privilege fee on employers applying for LMIAs to offset the costs of Government of Canada investments in skills and job training.

Better and More Labour Market Information

The new Labour Market Impact Assessment will be made more effective with the introduction of more and better labour market information. As part of this structure, a new enhanced Job Matching Service will allow Canadians to apply directly through the Canada Job Bank for jobs that match their skills and experience. As employers applying for temporary foreign workers must post their jobs on the Job Bank website, the new Job Matching Service will be able to match unemployed Canadians with employers offering available jobs that match their skills in their region. Furthermore, program officers will be better aware of the number of potential applicants and how closely their skills align with the available job, which will allow for more rigorous assessment of LMIA applications.

Increasing the Number and Scope of Inspections

Given concerns over abuse of the Temporary Foreign Worker Program (TFWP), the Government is making a significant investment in its TFWP inspection regime.

Beginning in fall 2014, the Government will impose fines of up to $100,000 (depending on the severity of the offence) on employers who break the rules of the Temporary Foreign Worker Program (TFWP). As part of the Government’s efforts to improve the transparency and accountability of the TFWP, the Government will publicly disclose the names of employers who have been fined and the amount of that fine on the Blacklist.

In Conclusion

The changes to the TFWP serve to increase the commitment of the Canadian employer to train an already available Canadian labour force while resorting to a smaller avenue where they could hire a temporary foreign worker as a last resort, if needed, after all other avenues have been exhausted.

Employers will see that the system is set up still to facilitate a foreign worker immigration process, should it be the genuine requirement of their business. As well, there are many other streams for immigration that are available to the Employer should the TFWP not fit with their hiring goals. There still remains within the system great flexibility within the current immigration program offerings across Canada.

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Federal Skilled Worker Program Cap/Quota Counter Released

As the federal skilled worker program applicants continue to prepare their applications for submission, one question continues to make most people anxious; “Will I have enough time to meet the quota?”

Citizenship and Immigration Canada (CIC) has released a page where the counter is updated about once a week to show how many complete applications under the 50 eligible occupations have been received.

As of today, June 9, 2014, 157 applications out of 25,000 that they will accept have been received. The occupations with the highest accepted applicants are Financial and Investment Analysis (43), Computer Programmers (39) and Software Engineers (20).

Last year, the occupation to first reach the cap limit of 300 was Computer Programmer and that was reached just over 4 months after the occupations were released.

Licensed Immigration Consultant and partner at CICS Immigration, Alex Khadempour believes that there is still time: “If last year is any indication, those who are looking to apply, even in the popular occupations like computer programmers,  should still have a few months left.”

Applicants are encouraged to focus on getting their IELTS exam and their Educational Credential Assessment as they take time to be prepared.

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The Temporary Foreign Worker Program (TFWP) and allegations of abuse

McDonalds and Tim Hortons employ over 9000 foreign workers. Their numbers are in par with the overall increase of foreign workers between 2006 to 2012. The number of approved foreign worker positions in accommodation and food services grew from 4,360 to 44,740.

Immigration Canada is once again being accused of failing to protect Canadian workers by allowing big fast food chains, such as McDonalds Canada to hire underpaid foreign workers in favour of Canadian workers. The new allegations also paint the grim reality of how the foreign worker program is also failing to uphold Canadian values and treat foreign workers at the same standard as Canadians.

In recent weeks, news of serious allegations of abuse of the Temporary Foreign Worker Program, centering McDonalds Canada have surfaced. This on the heels of a year where the program was given negative publicity after a number of news came out accusing the program of failing to measure up to the standards that former Immigration Minister and now Employment Minister, Jason Kenney and the Canadian Government have repeatedly said it wants to uphold. In April of 2013, there was a public outcry over Royal Bank of Canada replacing a small group of Canadian staff with temporary foreign workers. Ottawa in turn, announced several measures intended to close loopholes in the program. They included temporarily suspending the accelerated labour market opinion process, which allowed approved employers to bring in foreign workers faster, and removing an option that allowed employers to pay foreign workers up to 15 per cent less than the average comparable wage in the region.

The Government of Canada has decided in the midst of these latest allegations, to launch an extensive investigation in order to determine the facts and decide whether or not actual abuse of the Temporary Foreign Workers Program has been committed by the Restaurant Industry and its employer participants. The Labour Market Opinions in this area and industry have therefore been suspended, and employers in question have been given notice of the pending investigation into the abuse of the Labour Market Opinion process.

This decision has taken many by surprise, including businesses as they decried a lack of consultation and said the move would force some employers to close shop. There are also the thousands of foreign workers whose work permits are about to expire and they are not able to apply for an extension and may be forced to leave Canada. This latest spotlight on the Temporary Foreign Worker Program has also shed light to what many see as abuse of foreign workers who receive a lower average salary than a Canadian or a permanent resident.

“I knew a shoe was going to drop, but this was both shoes. This is a far bigger reaction than what I thought,” said Dan Kelly, head of the Canadian Federation of Independent Business.

“In the minister’s province of Alberta many small businesses will teeter on [the brink of] survival based on this decision.”

Jason Kenney said his office will not process any new or pending labour market opinion applications in the food sector. The opinions are required before permission is granted to hire a temporary foreign worker. As well, any restaurant that has already obtained an LMO but hasn’t yet filled the position will be unable to do so.

“Abuse of the Temporary Foreign Worker Program will not be tolerated,” Kenney said in the statement.

Ian Tostenson, president of the B.C. Restaurant and Foodservices Association, said he agreed the program needs review but that Kenney has overreacted. “There are a lot of small business people in British Columbia who are wondering what this means for them. It’s chaos. We would have really liked a heads up.”

Vancouver based Immigration Consultant and managing director of CICS Immigration Consulting Inc., Alex Khadempour, also agreed that a review of the program is needed. However, he believes a bigger issue needs to be looked at and talked about. “Do Canadians want to continue to go towards the direction where many foreign workers, especially in certain sectors, being treated as second class? Not only are we seeing a declining working environment, including lower pay, but we are also seeing the Canadian government closing the doors on them becoming permanent residents.” His comment refers to the recent changes in the Canadian Experience Class, a permanent residency program, where food service supervisors where removed from the program.

Which Canadian Employers are directly affected by the moratorium?

To be affected by the moratorium, employers must meet 2 criteria.

The employer MUST be:

Classified under North American Industry Classification System 722, defined as establishments primarily engaged in preparing meals, snacks and beverages, to customer order, for immediate consumption on and off the premises. This subsector does not include food service activities that occur within establishments such as hotels, civic and social associations, amusement and recreation parks, and theatres. However, leased food-service locations in facilities such as hotels, shopping malls, airports and department stores are included.

AND

Currently applying for LMOs for occupations related to specific National Occupational Classification codes(NOC 2006). List of NOC codes occupations affected by the moratorium in the Food Services Sector (NAIC 722):

  • 6641 Food Counter Attendants, Kitchen Helpers and Related Occupations
  • 0631 Restaurant and Food Service Managers
  • 6212 Food Service Supervisors
  • 6453 Food and Beverage Servers
  • 6611 Cashiers
  • 6241 Chefs
  • 6242 Cooks
  • 6252 Bakers
  • 0611 Sales, Marketing and Advertising Managers
  • 0621 Retail Trade Managers
  • 0632 Accommodation Service Managers
  • 0651 Other Services Managers
  • 6211 Retail Trade Supervisors
  • 6213 Executive Housekeepers
  • 6214 Dry Cleaning and Laundry Supervisors
  • 6215 Cleaning Supervisors
  • 6216 Other Service Supervisors
  • 6221 Technical Sales Specialists – Wholesale Trade
  • 6251 Butchers, Meat Cutters and Fishmongers – Retail and Wholesale
  • 6411 Sales Representatives – Wholesale Trade (Non-Technical)
  • 6421 Retail Salespersons and Sales Clerks
  • 6451 Maîtres d’hôtel and Hosts/Hostesses
  • 6452 Bartenders
  • 6484 Other Personal Service Occupations
  • 6622 Grocery Clerks and Store Shelf Stockers
  • 6623 Other Elemental Sales Occupations
  • 6651 Security Guards and Related Occupations
  • 6661 Light Duty Cleaners
  • 6662 Specialized Cleaners
  • 6663 Janitors, Caretakers and Building Superintendents
  • 6681 Dry Cleaning and Laundry Occupations
  • 6682 Ironing, Pressing and Finishing Occupations
  • 6683 Other Elemental Service Occupations

Which Temporary Foreign Workers are affected by the moratorium?

Temporary foreign workers already in Canada who have a valid work permit issued under a Food Services Sector LMO may continue working as per their present work permit conditions.

Temporary foreign workers who have been approved for a work permit by Citizenship and Immigration Canada (CIC) but have not yet arrived in Canada will not be affected. They will remain eligible for a work permit at a port of entry, if they are otherwise admissible to Canada.

Foreign nationals who have not yet had a decision made on their work permit application will be affected. Foreign nationals who submitted their work permit application prior to the suspension will be notified that their work permit application is suspended until a final decision is made on the LMO.

Foreign nationals who apply directly at a port of entry, a visa post or inland office for a work permit after their LMO has been suspended cannot be issued a work permit based on that LMO.

What happens to a person who is currently in Canada and whose work permit from an affected occupational area is about to expire, and who was about to apply for an extension?

The LMO will have been suspended; therefore the processing of the work permit extension application will also be suspended until a final decision on the suspended LMO is made by ESDC.

When their original work permit expires, a person in this situation may have implied status if their work permit application was submitted prior to the expiry of their present work permit. This means that they will be able to remain in Canada and continue working for the same employer that appeared on their original work permit. People in this situation will continue to have implied status until a final decision is made on their work permit extension application.

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Program that speeds up visas for Mexicans traveling to Canada becomes permanent

Canada’s Citizenship and Immigration Minister Chris Alexander announced on May 12, 2014 that there will be policy changes coming that will make it easier for Mexican citizens to travel and visit Canada. The Minister was quoted in saying:

“Our government is opening the door to economic growth while protecting the integrity of Canada’s immigration system. By making the CAN+ program permanent, our government is making it easier and faster for Mexican travelers to come to Canada to do business, visit family or friends, or bolster Canada’s tourism industry. This will further strengthen relations with our valued NAFTA partner and will help foster economic growth in both our countries.”

Chris Alexander, Canada’s Citizenship and Immigration Minister

Under the CAN+ program, Mexican nationals who have travelled to Canada or the United States within the last 10 years will be eligible for expedited visa processing. By fast-tracking a large number of applications, CAN+ is freeing up visa officers to work on other more complex cases. The program intends to improve overall processing times for all Mexican travellers who will see their visas processed in 10 days or less.

The Minister of CIC highlighted how the government wishes to increase legitimate trade and travel to Canada from the region. The success of the Canada’s Multiple-Entry Visa (MEV) program is another example of ways the government is providing fast and convenient options for travellers wishing to visit Canada. In April 2014 alone, more than 95,000 MEVs, which allow visitors to come and go from Canada for six months at a time for up to 10 years, were issued to individuals coming to Canada on vacation or to spend time with family.

Canada seeks to strengthen ties with Mexico, its NAFTA partner:

More than 2 million Canadians visit Mexico each year. Whereas, historically, the number of Mexicans traveling to Canada has been significantly lower. However, that has been changing and Canada’s close tourism ties with Mexico continue to grow with more than 34,000 visitor visas, study and work permits issued to Mexican visitors, students and workers between January and April 2014; a 20 percent increase from the same period in 2013.

The CAN+ program will speed visa processing for an expected 50 percent or more Mexican travellers to Canada.

A six-month pilot of the CAN+ program delivered excellent results: visas were issued in seven days or less with an approval rate of over 95 percent.

Citizenship and Immigration Canada also offers three “Express” programs that help Mexican business people, tourist groups and students come to Canada faster:

1. Business Express expedites business travel from Mexico with visas issued within days with a near-perfect approval rate for those registered in the program.

2. Travel Express offers a fast, simplified visa application process for tourists who use travel agencies registered with the Canadian Embassy.

3. Mexican Student Pilot fast-tracks the processing of study permits with a near-perfect approval rate for those who study at participating Canadian educational institutions.

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Breaking News: New 2014 Occupation List and Cap limits for Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP) and Canadian Experience Class (CEC)

Breaking News FSWP 2014April 23, 2014 —  Canada’s Citizenship and Immigration Minister Chris Alexander today announced new measures in key economic immigration programs to prepare for next year’s launch of Express Entry, Canada’s new active recruitment model.

To prepare for the launch of Express Entry in 2015, Citizenship and Immigration Canada will begin accepting applications under new caps for the Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP) and Canadian Experience Class (CEC), starting May 1, 2014. These measures will ensure a steady supply of skilled workers who are settling in Canada permanently and helping to supplement the Canadian workforce in areas where there are skills shortages.

Federal Skilled Worker Program:

Federal Skilled Workers are chosen as permanent residents based on their ability to prosper in Canada. They are assessed according to a selection grid made up of six factors, including language, education, work experience, etc.

  • Overall cap of 25,000 applications in eligible occupations stream
  • Cap of 500 applications for PhD eligibility stream
  • No limit on applicants who have a valid job offer from a Canadian employer
  • Sub-caps of 1,000 applications for each of the 50 eligible occupations below (their 2011 National Occupational Classification (NOC) code is included in brackets):
  1. Senior managers – financial, communications and other business services (0013)
  2. Senior managers – trade, broadcasting and other services, n.e.c. (0015)
  3. Financial managers (0111)
  4. Human resources managers (0112)
  5. Purchasing managers (0113)
  6. Insurance, real estate and financial brokerage managers (0121)
  7. Managers in health care (0311)
  8. Construction managers (0711)
  9. Home building and renovation managers (0712)
  10. Managers in natural resources production and fishing (0811)
  11. Manufacturing managers (0911)
  12. Financial auditors and accountants (1111)
  13. Financial and investment analysts (1112)
  14. Securities agents, investment dealers and brokers (1113)
  15. Other financial officers (1114)
  16. Professional occupations in advertising, marketing and public relations (1123)
  17. Supervisors, finance and insurance office workers (1212)
  18. Property administrators (1224)
  19. Geoscientists and oceanographers (2113)
  20. Civil engineers (2131)
  21. Mechanical engineers (2132)
  22. Electrical and electronics engineers (2133)
  23. Petroleum engineers (2145)
  24. Information systems analysts and consultants (2171)
  25. Database analysts and data administrators (2172)
  26. Software engineers and designers (2173)
  27. Computer programmers and interactive media developers (2174)
  28. Mechanical engineering technologists and technicians (2232)
  29. Construction estimators (2234)
  30. Electrical and electronics engineering technologists and technicians (2241)
  31. Industrial instrument technicians and mechanics (2243)
  32. Inspectors in public and environmental health and occupational health and safety (2263)
  33. Computer network technicians (2281)
  34. Nursing co-ordinators and supervisors (3011)
  35. Registered nurses and registered psychiatric nurses (3012)
  36. Specialist physicians (3111)
  37. General practitioners and family physicians (3112)
  38. Dietitians and nutritionists (3132)
  39. Audiologists and speech-language pathologists (3141)
  40. Physiotherapists (3142)
  41. Occupational therapists (3143)
  42. Respiratory therapists, clinical perfusionists and cardiopulmonary technologists (3214)
  43. Medical radiation technologists (3215)
  44. Medical sonographers (3216)
  45. Licensed practical nurses (3233)
  46. Paramedical occupations (3234)
  47. University professors and lecturers (4011)
  48. Psychologists (4151)
  49. Early childhood educators and assistants (4214)
  50. Translators, terminologists and interpreters (5125)

Federal Skilled Trades Program:

This program is for people who want to become permanent residents based on being qualified in a skilled trade.

  • Overall cap of 5,000 applications
  • All 90 skilled trades from the following NOC Skill Level B groups are eligible (with sub-caps of 100 applications each):
    • Major Group 72: Industrial, electrical and construction trades;
    • Major Group 73: Maintenance and equipment operation trades;
    • Major Group 82: Supervisors and technical occupations in national resources, agriculture and related production;
    • Major Group 92: Processing, manufacturing and utilities supervisors and central control operators;
    • Minor Group 632: chefs and cooks;
    • Minor Group 633: butchers and bakers.

Canadian Experience Class:

This program is for people who already have skilled work experience in Canada and want to immigrate permanently.

  • Overall cap of 8,000 applications
  • Sub-caps of 200 applications each for any NOC B occupation
  • Six ineligible occupations: administrative officers (NOC code 1221), administrative assistants (1241), accounting technicians/bookkeepers (1311), cooks (6322), food service supervisors (6311), and retail sales supervisors (6211).

The new Ministerial Instructions will also re-confirm the existing pause of applications to the federal Immigrant Investor and Entrepreneur Programs.

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