By: Mathew Wilton, Partner
On Tuesday, December 17, 2024, Immigration Minister Marc Miller announced that temporary foreign workers in Canada’s Express Entry system will no longer receive additional points in the Express Entry system for obtaining a Labour Market Impact Assessment (LMIA) based job offer. Minister Miller stated that this is a move to “reinforce program integrity and reduce potential LMIA fraud.”
At Battista Migration Law Group, we understand the real concerns about newcomers being exploited in order to obtain LMIA’s and believe that efforts should be taken to ensure that job offers are genuine. However, we are concerned that implementation of these measures will have an overreaching negative effect on those with legitimate employment offers in Canada who may be reliant on these Express Entry points to obtain permanent residence.
Many highly educated and experienced individuals who contribute positively to Canada’s economic and social fabric rely on the additional points afforded by an LMIA to qualify for Express Entry. In particular, those who may be at a disadvantage due to their age or because they do not fall into IRCC’s category-based draws, will be prejudiced.
While our office encourages IRCC to explore alternative methods to reduce LMIA fraud, if Minister Miller moves forward, our hope and recommendation is that the policy change be implemented in such a manner that does not impact those who have already obtained LMIA based job offers. Many individuals with genuine job offers have made significant life decisions—including changing employment and moving their families to Canada- with the expectation that their current job offer will allow them to obtain permanent residence. Any changes should work to mitigate hardship for these individuals.
For all media inquiries, please contact us at kate@migrationlawgroup.com.
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