Major Overhaul of Express Entry’s Point Allocation under the Comprehensive Ranking System
Good News for Canadian graduates, NAFTA Professionals, Intra-Company Transfers and Other Foreign Workers on Employer Specific Work Permits – Major Overhaul of Express Entry’s Point Allocation under the Comprehensive Ranking System
On November 10, 2016, the Government advised that effective November 19, 2016, there would be a major overhaul of how points would be allocated under Express Entry. These changes include a decrease in the points allocated for arranged employment and changes to the definition of “arranged employment.” With the new changes, graduates of Canadian post-secondary schools will also be eligible for additional points. These changes will have significant implications for international students and for certain foreign workers with employer specific work permits.
Changes to the definition of “Offer of Employment” or “Qualifying Offer of Arranged Employment”
- A Qualifying Offer of Arranged Employment is no longer exclusively defined as holding an LMIA supported offer of employment.
- Effective November 19, 2016, Qualifying Offer of Arranged Employment will be defined as:
- Holding an Offer of Employment + an LMIA; or
- Holding an LMIA/LMO supported work permit + an Offer of Employment in a NOC Skill level 0, A, or B; or
- Holding an LMIA exempt employer specific work permit issued under IRPR 204(a) or (c) or 205 + an Offer of Employment + have at least one (1) year full-time or equivalent in part-time experience, over a continuous period of work for the employer who made the offer
- IRPR 204(a) or (c) or 205 work permits include NAFTA Professionals, Intra-Company Transferees, Significant Benefit, Canada Research Chairs, Francophone Mobilité, etc; or
- Holding an offer of continuous full-time employment for at least one year after obtaining permanent resident status in a skilled trade occupation:
- Offer of employment is supported by an LMIA; or
- Foreign worker holds an LMIA supported work permit in a skilled trade occupation + an Offer of Employment; or
- Holding an LMIA exempt employer specific work permit issued under IRPR 204(a) or (c) or 205 + an Offer of Employment + have at least one (1) year full-time or equivalent in part-time experience, over a continuous period of work for the employer who made the offer
- Qualifying Offer of Arranged Employment / LMIAs are no longer worth 600 points and, as such, are no longer a guarantee of an Invitation to Apply.
- Having a Qualifying Offer of Arranged Employment is now worth:
- 200 points for NOC 00 positions (Senior Managerial / Executive)
- 50 points for NOC A, B, and other NOC 0 positions
The decrease in points for an LMIA will likely mean a substantial re-ranking of candidates in the express entry pool, as candidates with an Educational Credential Assessment and/or either or both Canadian and foreign work experience will benefit from the increased points allocated for their Human Capital Factors and their Skill Transferability Factors.
Points for Canadian Education – International Students/Graduates Rejoice!
Currently no additional points are allocated for a Canadian education under Express Entry. This has prejudiced graduates of Canadian schools who are proven to be effective at integrating into Canada and the Canadian work force. Effective November 19, 2016, graduates of Canadian post-secondary schools will get points for their Canadian education.
- Points will only be awarded for the highest Canadian Educational Credential achieved:
- No points for a Canadian secondary school credential;
- 15 points for a one or two year post-secondary program;
- 30 points for:
- a post-secondary program of 3 years or more;
- a university level program at:
- a master’s level degree; or
- an entry-to-practice professional level degree for a NOC Skill Level A position for which licensing by a provincial body is required (ie lawyer, doctor, dentist, etc)
- a doctoral degree.
- The points for a Canadian educational credential will only be awarded if:
- The studies took place in Canada at the Canadian educational institution;
- The study or training was full-time and for at least 8 months; and
- The foreign national was physically present in Canada for at least 8 months.
- Certain Canadian credentials are not eligible for the purposes of obtaining points for Canadian educational credentials, including:
- Credentials where English or French second language study amounted to more than 50% of the program;
- Credentials obtained in a program where distance education amounted to more than 50% of the program;
- Credentials obtained in a program while on a scholarship or fellowship that stipulated that the recipient would return to their home country to apply the knowledge and skills gained.
The points for a Canadian education combined with the additional points graduates of Canadian institutions can get after obtaining at least one year of Canadian work experience in a skill level NOC O, A, or B position, will mean that international students will once more have a realistic pathway to permanent residence in Canada.
Applicants with both an LMIA and an eligible Canadian Educational Credential will be able to benefit from points for both.
Extension of time to submit a complete application for permanent residence
Another change effective November 19, 2016, is that applicants who are granted an Invitation to Apply will now have 90 days to submit a complete application instead of the 60 days they had previously had. This will allow applicants more time to obtain all of the required supporting documentation, including police clearances. It is our recommendation that applicants wait until they have all of the required supporting documentation before applying for permanent residence.
We anticipate that the points required to be granted an Invitation to Apply will decrease substantially in the coming months as the candidates with LMIAs, but low Human Capital and Skill Transferability factors will no longer artificially bolster the scores.
The lawyers of Capelle Kane are committed to keeping up-to-date on the latest updates and changes to Canadian immigration. The government has announced that further changes to the Express Entry program will come in 2017. More details about the changes to the program will be posted once they are released.