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Immigration
By Rebecca Major
Posted on December 19, 2024
Updated on December 24, 2024
Announced in a news release on December 23, 2024, this move is not restricted to job offers supported by a Labour Market Impact Assessment (LMIA). Rather, points will be removed for all job offers, including those held by candidates currently working in Canada on an LMIA as well as those who are LMIA-exempt.
Introduced as a temporary measure, the aim is to remove the incentive to illegally buy or sell Labour Market Impact Assessments, a practice that has gained significant media attention over recent weeks and months.
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Starting Spring 2025, Express Entry candidates will no longer receive additional points for having a job offer. This means all Express Entry candidates, including those currently working on an approved LMIA and those working on an LMIA-exempt work permit.
Applicants who have already received an Invitation to Apply (ITA), and applicants who have submitted an application for permanent residence will not be affected by this change.
This is a temporary measure, although information on when and how job offer points will be reinstated is not stated.
We do know this: Spring is four months away and a lot can happen in four months — a new government, for instance. With heated discussion around when a general election is on the horizon, this news release could become irrelevant if a new government takes charge. A Canadian federal election must take place on or before October 20, 2025, but many if not most commentators believe an election will take place before that fixed election date.
We previously predicted that IRCC would delay conducting additional Canadian Experience Class draws until the CRS instructions were updated to exclude points for job offers. If this holds true, it could mean that we won’t see a CEC draw until Spring 2025.
While this may disrupt thousands of immigration plans, it would also prevent those who have fraudulently obtained an LMIA from benefiting.
The good news is that IRCC has allocated over 82,000 spots for 2025 in its latest immigration levels plan to economic immigration candidates already in Canada. So, if — and it is an if at this point — there is a temporary pause in CEC draws, IRCC may compensate for it through other measures or by resuming larger draws in Spring 2025 to make up for missed draws.
Other things being equal and absent other potential significant changes to the points system, removing job offer points will likely lead to a drop in the CRS cut-off for CEC draws.
There are various ways in which IRCC could have reduced LMIA fraud, whilst not punishing those who hold a legitimate LMIA for their job offer or those who are LMIA exempt.
These include:
The premise behind this change is to reduce fraud by removing the incentive to illegally buy and sell LMIAs.
With this in mind, the logical move may have been to eliminate points attributed to an LMIA-approved job offer, keeping the status quo for LMIA-exempt job offers.
We suspect that most of the LMIA fraud exists within new LMIAs, where the applicant is not currently working for the approved employer.
That is not to say that there is no corruption within this category of job offers, but the saying It is better to let a few guilty go free than to punish the innocent comes to mind here.
IRCC could have restricted the elimination of job offer points to only new LMIA applicants, who are not currently working for the approved employer.
The idea behind removing points for a job offer is not addressing the underlying issue. Fraudulent LMIAs are being approved. And while they may no longer give CRS ranking points, a foreign national who has obtained a fraudulent LMIA may still work in Canada and acquire Canadian Experience Class.
Rather than focusing on the result (extra CRS points), IRCC could advocate for a focus on the problem: the system has allowed for and incentivised the issuance of fraudulent LMIAs.
LMIAs are processed by Service Canada, an arm of Employment and Social Development Canada (ESDC), rather than Immigration, Refugees and Citizenship Canada (IRCC). While it is unlikely that Service Canada would be able to completely eradicate fraudulent LMIAs, better checks and balances, along with ongoing feedback and suggestions from IRCC could tackle the root cause of this issue — instead of penalising those with genuine job offers.
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A work permit or a letter of employment on its own is not a valid job offer.
In all cases, for a job offer to be valid, it must:
The job offer must also fall into one of the following categories:
Category 1: It must be from an employer with a new positive LMIA that approves the offer and specifies the applicant’s name and position.
Category 2: It must be with a Canadian employer for whom the applicant is currently working in a NOC TEER 0, 1, 2, or 3 occupation under a work permit issued based on an LMIA. The applicant must be authorized to work in Canada both at the time of applying for and when issued a permanent resident visa.
Category 3: It must be with a Canadian employer for whom the applicant has been working for at least one year (full-time) in a NOC TEER 0, 1, 2, or 3 occupation under a closed work permit that is LMIA-exempt.
Starting in Spring 2025, job offers in all three categories will no longer earn additional CRS points.
Up until Spring 2025, applicants can claim an additional 50 CRS points for valid job offers in NOC TEER 1, 2, or 3 occupations, or in any TEER 0 occupation other than Major Group 00. Additionally, 200 CRS points are available for valid job offers in a TEER 0 occupation under Major Group 00.
It remains uncertain how long this temporary measure will be in place or whether applicants with job offers will be selected in Express Entry draws between now and Spring 2025. It is therefore essential for candidates with valid job offers to explore other ways to enhance their Comprehensive Ranking System (CRS) scores.
If you are not already in the Express Entry pool and have a valid job offer, consider entering the pool as soon as possible. If policies change or if draws continue to target those with a job offer, you want to make sure your profile is ready to receive an ITA.
One of the most effective strategies to boost your CRS score is to learn or improve your French language proficiency. Achieving a moderate to high level of French competency can earn you significant additional CRS points, and make you eligible to receive an ITA in a French language proficiency draw.
If you would like to explore other CRS boosting activities, use our CRS calculator to test possible scenarios.
Canada Abroad is a transparent Canadian immigration consultancy with advice you can trust. Led by Deanne Acres-Lans (RCIC #508363), the team delivers professional, regulated, and efficient service.
Led by Anthony Doherty (RCIC #510956) and Cassandra Fultz (#514356), the Doherty Fultz team uses their 40+ years of experience to empower you towards settling in Canada.
Led by Jenny Perez (RCIC #423103), Perez McKenzie Immigration is a Canadian immigration consultancy based in British Columbia, with offices in Vancouver and Whistler.
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