Immigration Minister “Seriously Considering” Big Changes To The Express Entry Points System

As a result of the rampant fraud, Immigration Minister Marc Miller shared with The Toronto Star that he is seriously considering removing the additional points for those with an eligible job offer. He acknowledged that this would penalize candidates with a legitimate job offer, but that the seriousness and extent of the fraud warrants the government’s consideration of these big changes to the Express Entry points system. 

Key Takeaways

• Immigration fraud is a significant problem in Canada, including the emergence of a black and gray market for fraudulent job offers. 
• Canada’s immigration minister is considering removing the additional CRS points for an eligible job offer to combat the fraud. 
• It is illegal for an employer, recruiter, or immigration representative to charge any amount of money for LMIAs.  

Background: Additional Points For An Eligible Job Offer

Getting an eligible job offer for Express Entry can boost your CRS score by 50-200 points and increase your chances of receiving an invitation to apply. But, not all job offers are eligible (in fact, getting an eligible offer is likely more difficult than you think).

For reference, candidates would receive 50 points for job offers at NOC TEERs 0, 1, 2, or 3, or 200 points for job offers at NOC codes starting with 00. You can learn more about eligible job offers here.

For a job offer to be valid for the Federal Skilled Workers and Canadian Experience Class, it must be supported by a positive Labour Market Impact Assessment (LMIA), or exempt from needing one. Having a job with an open work permit is not a valid job offer, which is where LMIA-fraud comes in. 

This points boost was used by roughly 9% of candidates in the Express Entry pool in 2023, and 6% in 2021 and 2022. At the invitation level, approximately 19% of candidates who were invited to apply for Express Entry in 2023 had an eligible job offer. In other words, a job offer does increase your likelihood of receiving an invitation to apply for Express Entry.

Table data from the Express Entry Year End Report for 2023 

It’s also worth noting that the points available for an eligible job offer can skyrocket to 600 points and an almost guaranteed invitation to apply for permanent residence if the offer makes a candidate eligible for a provincial nomination. This was not addressed by the Minister, since changes to provincial eligibility would need to happen at the provincial level. However, the significant reduction in PNP immigration planned for 2025 is likely designed to make provinces think twice about the candidates they invite to apply. 

What’s Happening: The Scale of LMIA Fraud in Canada

While the exact scale of LMIA fraud is not known, there has been a significant increase in reports of LMIAs being sold in the past six months. The fraud ranges from charging for the LMIA to requiring workers to pay their own salary to posting fake positions that can be ‘filled’ for a fee (ie. there’s no job actually on offer). The costs posted typically run from $15,000 to upwards of $75,000. 

This practice has been described as pseudo-slavery – which rings true to us. At the very least it’s unethical, unfair to legitimate candidates, and exploitative of the people who hope to make Canada home. 

Why Is This Happening?

In our opinion, the increase in LMIA fraud is likely due to the persistently high CRS we’re seeing in the Canadian Experience Class category in Express Entry draws. In 2024, the lowest CRS we have seen for a CEC draw is 509. For context, the lowest CRS was 431 in 2020 and it tended to be between 380-450 in 2021. 

The lowest CRS in 2021 was 75, though this was an extremely unusual draw where Canada invited every worker with eligible Canadian work experience in response to slowed immigration during the pandemic and persistent labour shortages. 

What Impact Might This Have On Your CRS?

For legitimate candidates who are hoping to speak with their employer about getting an LMIA, it may be worthwhile focusing on other avenues for improving your score. While this change is not yet confirmed, it’s usually worthwhile planning for and adapting to potential changes. 

You can use our online CRS calculator to work out where your CRS points come from and how to improve it. But learning French remains a strong strategy for getting an invitation to apply for permanent residence in Canada. 

That said, those who are currently working in Canada should not be too disheartened. While it’s possible that you will lose the chance of adding 50 points to your CRS, the Canadian government plans to prioritize In-Canada candidates in 2025. 

Immigration Minister Marc Miller recently affirmed the position that Canada plans to transition many temporary residents to permanent residents in 2025. Here’s what he said at the Immigration Summit this week in Ottawa:  

“[T]hat’s why a large chunk of the plan this year is dedicated to making sure that we have the capacity to do in Canada draws for a young bright segment of the population that has already begun its integration journey.”

If you’re hoping to transition to permanent residence in Canada in 2025, a free Moving2Canada account can help. You get free access to personalized checklists, immigration information, and exclusive resources to help your move run smoothly.