On Tuesday, December 17, 2024, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship Canada (“IRCC”) announced the removal of bonus points for Labour Market Impact Assessment (LMIA) supported job offers under the Express Entry system.

Previously, applicants with LMIA supported job offers could receive up to 50 or 200 additional Comprehensive Ranking System (CRS) points, giving them a significant advantage in the competitive Express Entry pool.  As of December 18, 2024, these bonuses have been eliminated.

“This decision reflects our commitment to ensuring Canada’s immigration system is fair, transparent, and trustworthy,” Minister Miller stated. “By reducing avenues for fraud and abuse, we are reinforcing the integrity of our programs.”

Among the reasons behind Minister Miller’s decision are the following:

(a) Combatting Fraud

About 71,300 LMIAs were approved by the Government of Canada in the first quarter of this year, compared to 63,300 during the same period last year. Most applications were for farm workers, cooks, food-counter attendants, truck drivers and construction labourers.

Some groups, however, illegally sell LMIA approved jobs at extremely high rates to foreigners who are either outside the country or are already in Canada and are looking for ways to boost their immigration score in order to transition from temporary to permanent resident status

(b) Enhancing Integrity

Removing points for LMIA supported job offers promotes a fairer immigration process.  Candidates in specific fields, such as STEM (Science, Technology, Engineering, and Mathematics) or healthcare or those with French language skills, may still have an advantage in the CRS pool due to their high-demand skills and/or language abilities. For those outside of Canada without a job offer, the change could open up more opportunities, as the CRS cutoff is expected to drop to between 450 and 500 in the next six months, making it easier for ordinary candidates to be invited to apply

(c) Preventing Abuse

This change is intended to curb the practice of purchasing LMIAs to artificially boost CRS scores, undermining the system’s credibility.

Industry insiders say the demand for LMIAs has increased in recent years because recent changes to Canada’s points-based immigration system for skilled workers have made it tougher for prospective immigrants to qualify.

As such, LMIAs this year were reportedly sold at a higher price than before, ranging from $10,000 to as much as $70,000 in some cases.

Impact on Applicants

Without the LMIA points, candidates will need to prioritize other CRS factors, such as language proficiency, education, and Canadian work experience, to remain competitive in the pool.

If you are an existing client of Abrams & Krochak with an LMIA supported job offer and wish to discuss how this change might affect your eligibility, please send an e-mail to info@akcanada.com.

Immigration, Refugees, and Citizenship Canada (“IRCC”) published the eligibility criteria for two new pathways to Canadian Permanent Residence in the official Canada Gazette on December 14, 2024.

These new pathways are the Rural Community Immigration Class (RCIC) and the Francophone Community Immigration Class (FCIC) and they are scheduled to take effect sometime in early 2025.

 

1. Rural Community Immigration Class (“RCIC”)

 

The Rural Community Immigration Class is designed for foreign nationals who can economically establish themselves in a designated rural community in Canada.

Applicants must meet the following eligibility requirements:

General Requirements

To qualify under RCIC, applicants must:

1. Intend to reside in a rural community located in a province or territory other than Quebec.
2. Maintain valid temporary resident status throughout the application process (if applying from within Canada).
   

Work Experience

Applicants must demonstrate relevant work experience for their occupation as per the National Occupational Classification (“NOC”).

The requirements are as follows:

1. Minimum Duration:
   • At least 1 year (1,560 hours) of continuous, full-time work experience or equivalent part-time work experience in the past three years.
2. Occupational Duties:
   • Work experience must align with the lead statement and substantial number of main duties described for the NOC occupation.
3. Authorized Work:
   • Any Canadian work experience must have been gained while holding valid temporary resident status.
   • Applicants must meet specific requirements for work experience within their NOC Training, Education, Experience and Responsibilities (“TEER”) category.

International Graduates Exemption

Work experience requirements do not apply to international graduates who meet all of these conditions:

1. Program Completion: Earned a degree, diploma, certificate, or trade credential from a designated Canadian post-secondary institution within 18 months of applying.
2. Physical Presence:
   • Applicants for master’s/doctoral programs under two years in length must have studied full-time in the designated community.
   • For programs longer than two years, applicants must have spent at least 16 of the last 24 months in the community.
3. Eligible Programs: Programs must not:
   • Include more than 50% of credits in language studies (English/French).
   • Consist of over 50% distance learning.
   • Be tied to scholarships requiring the graduate to return to their home country.

 

2. Francophone Community Immigration Class (“FCIC”)

 

The FCIC is an initiative under Canada’s Francophone immigration policy, that allows French-speaking newcomers who have professional experience in in-demand occupations in a community outside of Quebec, to settle permanently in that community.

Newcomers admitted through this pathway must intend to reside in the community that nominates them.

The program involves three key stakeholders:

1. Designated communities: A Canadian community outside of Quebec that includes a minority Francophone population and that is included in the list of communities designated by the Immigration Minister as eligible to participate in the FCIC;
2. Economic development organizations: An organization that is invested in the local economy of the designated community, and chosen by the Immigration Minister to issue certificates of recommendation to eligible applicants; and
3. Designated employers: Employers that have been chosen by the economic development organization to participate in this program through the hiring of eligible applicants.

Candidates who receive an offer of employment for a priority occupation from a designated employer who operates in a designated community may be eligible to receive Permanent Residence under this new pathway.

Under the FCIC, economic development organizations must publish a list of priority occupations by March 31 of every year.

Language Proficiency

Applicants must:

1. Demonstrate advanced proficiency in French (CLB/NCLC 5 or higher) in each of the four language skills: reading, writing, speaking, and listening.

Certificate of Recommendation

To receive a certificate of recommendation applicants must

1. Have the required work experience relevant to the TEER level of the offered employment;
2. Have a genuine offer of employment in a designated occupation (as established by a designated organization), with wages within acceptable levels (as prescribed by Canada’s Job Bank, or the designated organization itself), and supported by supplementary documentation;
3. Possess the required French language proficiency;
4. Meet the education requirements; and
5. Intend to reside in the designated community they will be working in.

Certificates of recommendation are valid for six months from the date of issue.

Genuine Offer of Employment

An applicant must demonstrate that they have received a qualifying genuine offer of employment that is

1. for employment that they are qualified for, able to perform and are likely to accept and carry out, as indicated by their past work experience or education related to the lead statement and main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification
2. from a designated employer;
3. for non-seasonal, full-time work for an indeterminate period;
4. for employment that is located in the designated community and where at least 75% of the work is to be performed within that designated community;
5. in an occupation for which they have attained the necessary recent work experience as stated below:
   • For TEER 0: Experience in TEER 0, 1, 2, or 3.
   • For TEER 1: Experience in TEER 0, 1, 2, or 3.
   • For TEER 2: Experience in TEER 1, 2, 3, or 4.
   • For TEER 3: Experience in TEER 2, 3, or 4.
   • For TEER 4: Experience in TEER 2, 3, or 4.
   • For TEER 5: Experience in the same NOC unit group.

Work Experience

To be eligible for this pathway, applicants must have work experience that

1. Was acquired over a continuous one-year period of full-time work, or the equivalent part-time work, in an occupation listed in the NOC;
2. Was acquired no earlier than three years prior to the day the applicant applied for Permanent Residence;
3. Involved the performance of duties of the role, as described in the NOC system (both in the lead statement and the occupation descriptions); and
4. Was performed under the employ of a third party (unless acquired as a legally licensed medical practitioner).

If the applicant’s work experience was gained in Canada, then the applicant must have been legally authorized to work in Canada.

The required level of an applicant’s work experience is also determined by the level of the occupation they are being hired for, as described in Canada’s TEER criteria:

• For TEER 0: Experience in TEER 0, 1, 2, or 3.
• For TEER 1: Experience in TEER 0, 1, 2, or 3.
• For TEER 2: Experience in TEER 1, 2, 3, or 4.
• For TEER 3: Experience in TEER 2, 3, or 4.
• For TEER 4: Experience in TEER 2, 3, or 4.
• For TEER 5: Experience in the same NOC unit group.

International graduates may be exempt from the work experience requirement for the FCIC, provided that

1. They maintained their full-time status throughout the duration of their program;
2. They obtained their credential within 18 months of their application for Permanent Residence through the FCIC;
3. For those in master’s or doctoral degree programs that were less than two years in length, the applicant was physically present in the designated community where they will be applying to settle in, for the duration of the program;
4. For other kinds of degrees that were less than two years in length, the applicant was physically present for 16 of the 24 months preceding the day they received their credential, in the designated community where they will be applying to settle in.

Educational Requirements

Applicants must have a Canadian credential of secondary school education or higher “OR” an equivalent Education Credential Assessment (ECA) for foreign credentials.

Participating Communities

IRCC has not released the list of designated communities (nor designated economic development organizations) participating in the FCIC.

Further information will be published on Abrams & Krochak website once it is made available by IRCC.

On Thursday, October 24, 2024, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship Canada, released the 2025-2027 Immigration Levels Plan.

In its Plan, the Government of Canada has set the number of immigrants to be admitted to Canada between 2025 and 2027 to 1.140 million individuals:

2025:   395,000
2026:   380,000
2027:   365,000

Permanent resident admissions in the economic class will reach 61.7% of total admissions by 2027.

Other measures from the 2025-2027 Immigration Levels Plan include the following:

• Transitioning more temporary residents who are already in Canada as students and workers to permanent residents
• Focusing on long-term economic growth and key labour market sectors, such as health and trades
• Strengthening Francophone communities outside Quebec and supporting their economic prosperity​.  Of the overall permanent resident admission targets, Francophone immigration will represent:
  • ​8.5% in 2025
  • 9.5% in 2026
  • 10% in 2027

If you are considering immigrating to Canada under the Express Entry System and you are:

• in Canada as a temporary foreign student/worker
• working in the health care field or in a trade
• Francophone or have French language ability,

Now would be an excellent time for you to retain/engage our services so that you can benefit from the Government of Canada’s policy initiatives and the high number of economic immigrants being admitted to Canada.

If you have already had your eligibility to immigrate to Canada favourably assessed by Abrams & Krochak and you wish to proceed with your proposed Canadian Immigration plans, please send an e-mail to askus@akcanada.com and we will provide you with further instructions.

To have your eligibility to immigrate to Canada assessed by Abrams & Krochak, please visit https://www.akcanada.com/assessment1.php.

Our Online Eligibility Assessment Questionnaire is on a secure server; therefore, any information that you might provide to our firm cannot be viewed by anyone else on the Internet and all information provided to Abrams & Krochak will be kept STRICTLY CONFIDENTIAL.

Our Online Eligibility Assessment Questionnaire is designed to enable our firm’s team of lawyers to assess your qualifications for Immigration to Canada in accordance with Citizenship and Immigration Canada’s selection criteria, at no charge to you, usually within a few hours but no more than one (1) business day from the time that your completed Online Eligibility Assessment Questionnaire is received. Business days in Canada are from 09:00 to 17:00, Eastern Time, Monday to Friday. If Abrams & Krochak determines that we can assist you to immigrate to Canada, a member of our firm will provide you with a detailed breakdown of Abrams & Krochak’s fees and services, via e-mail.

We look forward to receiving your completed Online Eligibility Assessment Questionnaire and to hopefully seeing you soon in Canada!

Today, Monday, June 3, 2024, the Honourable Minister of Immigration, Refugees and Citizenship Canada (“IRCC”), Marc Miller, announced two new pilot programs that will give caregivers from abroad permanent residence upon arriving in Canada, a step intended to update and replace existing pilot programs that will wind down later this month.

The programs are aimed at offering care for children, seniors and people with disabilities.  They will also allow caregivers to work for organizations that offer temporary or part-time care for people who are recovering from injury or illness and those who are not fully independent.

Caregivers abroad hoping to work in Canada will be able to apply for the programs if they have the equivalent of a Canadian high school diploma, recent and relevant job experience, and an offer for a full-time home-care position.  Language proficiency requirements will be dropped from CLB Level 5 to CLB Level 4.

The new pilot programs will launch sometime after June 17, 2024.  As soon as they launch and/or more information about the programs becomes available, we will publish the details on our website.