No More Points for LMIA in Express Entry, No More Flagpoling — Minister

“We are implementing further measures that will reinforce program integrity and reduce potential LMIA fraud, such as removing additional points that candidates receive under Express Entry for having a job offer,” Miller said.

“This measure is expected to remove the incentive for candidates to purchase an LMIA, resulting in increased fairness and integrity in the system.”

Key Takeaways

• Canada’s government has confirmed that it will remove the points for LMIA job offers at some point. This change is not effective immediately and the government’s Express Entry points calculator is currently (on December 18) showing points for an LMIA job offer.
• We are not sure when this change will come into effect. We’re awaiting further announcements from the government.
• We are also unsure whether this change will impact points for non-LMIA job offers, such as those through international mobility programs.
• Canada is also ending flagpoling.

Background To The Changes

Either 50 or 200 Comprehensive Ranking System have been awarded to Express Entry candidates who secure a job offer backed by a Labour Market Impact Assessment. This points boost can tip the balance of whether a candidate is invited or not. Employers can undertake the LMIA procurement process to show that they couldn’t find a Canadian to do a particular job, thereby necessitating the need to hire a foreign worker.

But it has come to light that some job offers issued though this process are not legitimate, undercutting the integrity of Canada’s immigration system and harming the chances of success for candidates and other stakeholders, including employers, who play by the rules.

We wrote about this in more detail earlier.

The precise number of Express Entry candidates who have claimed points for a job offer following a fraudulent LMIA process is unknown, but the practice is believed to be prevalent. A recent exposé by CBC, Canada’s national broadcaster, highlighted how some “ghost” consultants (unlicensed consultants, as opposed to Regulated Canadian Immigration Consultants, or RCICs) offer fake jobs to Express Entry candidates in exchange for tens of thousands of dollars.

Are There Still Points Available For A Job Offer If It’s Not LMIA-Based?

This remains unknown at this time. As of the morning of December 18, IRCC’s own CRS Calculator still awarded points for a job offer in some cases, but this could be a result of delays in updating that tool.

Moving2Canada will update its widely-read and widely-used Express Entry content and tools when verifiable information on this becomes available.

No More Flagpoling

Canada is also ending flagpoling. As defined recently in the Canada Gazette, Part II, Volume 158, Number 26 edition, Flagpoling is defined as”The class of persons defined as “flagpolers” are temporary residents who exit to the United States and re-enter Canada within 24 hours to access prescribed immigration services such as the processing of work permits, study permits, and confirmations of permanent resident status.”

The announcement to put a stop to flagpoling was part of a broad set of changes to practices at the U.S-Canada border announced on December 18.

A notice published by Public Safety Canada, not IRCC, stated:

“We will put an end to the practice of ‘flagpoling’, which happens when a temporary resident leaves Canada and immediately returns to a port of entry to get immigration services. This practice uses significant resources at the border, distracts border officers from enforcement activities and slows cross-border traffic.

“As this change takes effect, temporary residents would need to apply for all necessary immigration services online, removing the option to apply at a port of entry. To reduce border congestion and allow officers to focus on security, we will stop processing most immigration applications at ports of entry from flagpolers.”

It is not immediately clear exactly when this change will take effect, though it can be expected to take effect swiftly. Previous changes reduced the scope of flagpoling, either by reducing available hours and / or by application type, and these were rolled out without prior warning to the public.

It is important to note that the termination of a flagpoling does not remove an applicant’s right to apply for a work permit at the port of entry into Canada. Those who are eligible to do so may still apply for a work permit at the port of entry so long as their application does not fall under the definition of flagpoling.