A recent change to the Express Entry system has drawn the attention of immigration experts and applicants worldwide. Canada has decided to remove the additional points awarded for a Labour Market Impact Assessment (LMIA) – 50 or 200 points, which previously significantly boosted candidates' chances of receiving an invitation under Express Entry.
The government justifies this step as an effort to combat fraud related to the sale of LMIAs. However, this new measure raises many questions about its effectiveness and fairness.
What is LMIA, and why is it important?
An LMIA is a document that confirms a Canadian employer could not find a local worker for a position and received authorization to hire a foreign worker. In the context of Express Entry, a positive LMIA previously awarded candidates additional points, which could substantially improve their ranking in the Comprehensive Ranking System (CRS).
Why did Canada make this decision?
In recent years, instances of fraud have increased, where unscrupulous employers sold LMIAs for money. Instead of genuine job offers, fake ones were created to help candidates gain extra points and immigrate to Canada.
Why does this step seem pointless to me?
1. LMIA sales are primarily linked to work permits, not Express Entry.
Most LMIA fraud cases involve obtaining work permits, where a positive LMIA alone is enough to secure a work visa. In such cases, foreign workers are not immediately required to prove employment with the specified employer.
For Express Entry candidates, the situation is entirely different:
- Most are already working in Canada under an LMIA, and their employment is verified through real documents (contracts, letters, tax filings).
- Fake LMIAs are practically useless for Express Entry, as applicants must prove they genuinely work for the specified employer.
If the government genuinely wanted to combat corruption, a logical step would be to strengthen oversight of work permits issued based on LMIAs, such as verifying whether workers are employed in the declared positions.
2. Increased barriers for qualified candidates.
Removing LMIA points will significantly impact many legal and qualified candidates, especially those already working in Canada who relied on these points to achieve a high CRS score.
The competition in Express Entry is already fierce, with the cut-off score constantly increasing. By eliminating additional LMIA points, the government deprives many of a real chance for immigration.
What could be the consequences?
1. Potential reduction in cut-off scores.
Removing additional LMIA points could lower the overall cut-off score in Express Entry, as many LMIA candidates will no longer achieve high CRS scores. This, in turn, may give other applicants who were previously overlooked a chance.
2. Increased focus on work permits.
If the government truly aims to combat fraud, it should focus on monitoring work permits. Verifying whether foreign workers are employed in the declared positions could be a more effective measure.
3. Decreased appeal of Express Entry.
Without additional LMIA points, many candidates, even those with Canadian work experience, will find it harder to compete. This may reduce interest in Express Entry among qualified workers already in Canada.
Conclusion
The decision to remove additional LMIA points in the Express Entry system seems rushed and poorly thought-out. Instead of tackling the real issues of fraud in the work visa sphere, the government has restricted opportunities for legal and qualified immigration candidates.
Nonetheless, this change may lead to a lower cut-off score in Express Entry, potentially giving other applicants a chance. However, for a long-term solution to corruption in the immigration system, more targeted actions are needed.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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