On January 1st, 2015, Citizenship and Immigration Canada introduced a new form of express processing for Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class program, with a one-year turn-around time for all applications.
The program will be based on a Comprehensive Points System (CPS) that will rank candidates. The candidates with the highest scores will be selected for a pool, and then drawn from that pool and invited to make an Application for Permanent Residency (APR) within 60 days.
The CIC will hold periodic draws, where the system will be given a set list of instructions for candidates to be selected from a selection pool. The candidates selected will be invited to make an Application for Permanent Residency within 60 days.
Applicants who do not receive an APR within 12 months of creating their application could choose to re-apply for the program. If they choose not to re-apply their applications will be removed from the database.
ADVANTAGES AND DISADVANTAGES OF THE SYSTEM
The Express Entry System has a variety of supporters and opponents, as it brings substantial change to the way the Canadian Economic Immigration system works.
One of the major positive aspects of the program is the speed: most applications are expected to turn in about a year, while previously it could take several years before the applicants heard back. This would be very advantageous for attracting talented foreigners, who could be turned off by the long processing times.
However, the program also introduces some new challenges, such as giving half of the points for a provincial nomination, or an LMIA approved job offer. This potentially mean that candidates who qualify for categories which did not require a job offer previously, such as CEC, will be ranked much higher if they had a job offer.
HIGHLIGHTS OF PROS AND CONS OF THE EXPRESS ENTRY PROGRAM
PROS |
CONS |
| Faster Processing Times | Half the points are awarded for a job offer, potentially disadvantaging immigrants without a job offer |
| More landed immigrants with a job offer, ensuring economic stability at an earlier stage | Job offers need to be LMIA approved, which would affect entry-level post positions |
| No longer on a first time, first serve basis, meaning that qualified applicants will be processed faster | No longer on a first time, first serve basis, meaning that some applications may never get processed |
| If two candidates rank equally and are both in the pool of drawn applicants, they will both be invited to file for permanent residence | Less certainty about which applications will be draws, without a pre-established draw criteria |
EXPRESS ENTRY SYSTEM PROCESS
Step 1: Candidates will create an online profile
Their applications will be ranked based on:
- Skill
- Work experience
- Language ability
- Age
- Education, etc.
The maximum points candidates can obtain is as follows:
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 |
Applicants without a Labour Market Impact Assessment approved job will be requested to register on jobs.gc.ca, where employers with LMIA approved positions will advertise their employment needs
Applicants currently in an LMIA approved position in Canada can request their employer to connect with them through the government website
Up to half the available points will be granted for having an LMIA approved position or being nominated through a PNP
Labour Market Impact Assessment: An application made by the Canadian based employer made to Employment and Social Development Canada (ESDC) to approve the impact of inviting the foreign worker on the Canadian Labour Market. This process requires a period of advertising of the position to Canadians, completing a comprehensive application package for employees, compliance with the wage standards, as well as other criteria the ESDC will consider relevant at the time of the applications.
Step 2: The highest ranking candidates will be invited to apply for permanent residence
As soon as a candidate is invited to apply, they will have 60 days to submit an online application for permanent residency.
However, Quebec has a separate processing system for applications and the Express entry system will not affect its processes for immigration.
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Arghavan Gerami
Arghavan Gerami is the Founder and Senior Counsel at Gerami Law Professional Corporation ('PC'), a full-service immigration law firm in Ottawa, Ontario. Since 2011, Ms. Gerami has focused her practice on immigration and refugee litigation. Prior to that, Ms. Gerami worked at the Ministry of Attorney General and the Department of Justice and had the privilege of serving the Honourable Mr. Justice M. Evans at the Federal Court of Appeal on immigration and administrative law appeals. Ms. Gerami contributes to the Immigration Law Section of the Canadian Bar Association, the Canadian Association of Refugee Lawyers, and the United Nations High Commissioner for Refugees. Ms. Gerami has also published numerous journal articles and presented at various immigration and refugee law conferences and events across Canada.