Canadian immigration is undergoing significant policy shifts that will affect both Express Entry candidates and temporary residents. From removing LMIA points in Express Entry to ending flagpoling at the border, these changes aim to bolster the integrity, efficiency, and fairness of Canada’s immigration system. Below is a comprehensive overview of the latest updates, their implications, and what you need to do to stay prepared.
Spring 2025: No More LMIA Points in Express Entry
Beginning in spring 2025, Express Entry candidates will no longer receive extra Comprehensive Ranking System (CRS) points for having a job offer supported by a Labour Market Impact Assessment (LMIA). This marks a dramatic shift in how Canada selects and ranks potential immigrants in the Express Entry pool.
The Rationale Behind This Change
Canada’s government and immigration authorities, led by the Honourable Marc Miller, have identified LMIA-backed job offers as a potential avenue for fraud. Unscrupulous individuals have been buying or selling LMIA-supported job offers to increase their Express Entry scores, undermining the program’s integrity. By eliminating LMIA points, the government aims to promote honesty, transparency, and a level playing field for all applicants.
Why Is This Policy Being Introduced?
Although the LMIA process was originally implemented to verify that no qualified Canadian is available to fill a position, it has inadvertently created opportunities for fraudulent activities. By awarding extra CRS points for LMIA-supported offers, some foreign nationals were incentivized to engage in unethical practices to secure an Invitation to Apply (ITA) for permanent residence.
Minister Marc Miller’s Statement
Minister Miller emphasized Canada’s focus on economic success and growth, but equally stressed the need for a “responsive, well-managed, and fair immigration system.” He believes that removing LMIA points will help Canada maintain high standards of integrity and reduce fraudulent practices in Express Entry.
Who Will Be Affected?
This shift in policy touches all Express Entry candidates and their Canadian employers. However, those who have already received an ITA or have applications in progress by the time spring 2025 arrives will not be impacted by the new rule.
Groups Specifically Affected
- Current Temporary Workers: Foreign workers in Canada aiming for permanent residency through Express Entry.
- New Express Entry Entrants: Future applicants who plan to rely on LMIA-backed job offers will need to revise their strategies.
- Employers Relying on LMIA: Businesses that previously leveraged LMIA points to strengthen employees’ Express Entry scores must consider alternative ways to support their foreign hires.
Impact on Employers and Foreign Workers
While LMIA will remain vital for obtaining temporary work permits, it will no longer provide Express Entry candidates with a direct advantage. Consequently, workers must strengthen their profiles in other areas—such as language proficiency, education, and Canadian work experience—to secure a high CRS score.
Strategy Adjustments
- Employers: May need to focus on pathways like Provincial Nominee Programs (PNPs), which often allow direct nominations without requiring LMIA points.
- Workers: Must bolster their credentials, such as improving language test scores (IELTS, CELPIP) or earning additional education points.
December 23, 2024: End of Flagpoling for Work and Study Permits
Effective December 23, 2024, at 11:59 PM ET, Canada will discontinue “flagpoling” as an option for obtaining or renewing work and study permits at ports of entry. This practice previously allowed temporary residents to exit Canada (often to the U.S.) briefly and re-enter to process permit applications.
Why Is Flagpoling Ending?
Flagpoling placed a considerable burden on border resources. Between April 1, 2023, and March 31, 2024, the Canada Border Services Agency (CBSA) processed over 69,300 flagpoling requests. By discontinuing this practice, the government aims to streamline border operations, allocate resources more effectively, and reduce delays.
Understanding Flagpoling
Flagpoling has been a popular but resource-intensive option for international students and workers who want to speed up their permit processing. Below is a summary of flagpoling’s key aspects:
| Flagpoling Element | Description |
|---|---|
| Definition | Briefly exiting and re-entering Canada (often via the U.S.) to process work/study permits at the border. |
| Reason for Discontinuation | High strain on CBSA resources and lengthy wait times for cross-border travelers. |
| End Date | December 23, 2024, at 11:59 PM ET. |
After this date, applicants must submit permit applications directly to Immigration, Refugees and Citizenship Canada (IRCC).
Who Can Still Flagpole?
Although flagpoling is being phased out, certain groups will remain exempt from the new rule:
- U.S. Citizens and Lawful Permanent Residents: May continue to process permit applications at Canadian borders.
- Professionals and Technicians Under Free Trade Agreements: Includes those from countries like the United States, Mexico, and South Korea.
- Spouses of Professionals Under Specific Trade Agreements: Some spouses or partners may qualify for continued border processing.
- International Truck Drivers Meeting Certain Criteria: This occupational group has specialized needs at the border.
- Individuals With Existing CBSA Appointments: Anyone already booked for permit processing will be able to proceed as scheduled.
How Will These Changes Affect Express Entry and Border Management?
Both policy changes—removing LMIA points from Express Entry and ending flagpoling—serve to enhance the fairness and efficiency of Canada’s immigration and border systems.
Effects on Express Entry Candidates
- Fairer Ranking System: By eliminating LMIA points, Canada reinforces a merit-based approach that focuses on skills, education, work experience, and language proficiency.
- Reduced Fraud: With less incentive to buy or sell fraudulent LMIA job offers, Express Entry maintains integrity and transparency.
Effects on Temporary Residents
- More Complex Application Planning: Without the convenience of flagpoling, timely submission of complete work or study permit applications to IRCC becomes crucial.
- Longer Processing Times at First: Initially, applicants may experience a learning curve. However, IRCC aims to streamline processes to offset any added wait times.
Effects on Border Operations
- Resource Allocation: The CBSA can direct its attention to enforcement and security, reducing bottlenecks at points of entry.
- Improved Efficiency: Travelers will likely see shorter lines and better overall service at border crossings.
Next Steps for Canada’s Immigration System
Canada remains committed to welcoming newcomers to support economic growth and cultural diversity. However, these changes highlight the government’s determination to maintain a balanced, transparent, and robust immigration framework.
Future Policy Directions
- Enhanced Integrity Measures: Ongoing reforms aim to minimize fraudulent activities and ensure genuine applicants can succeed.
- Focus on Skills Over Employer Support: Removing LMIA points may prompt more skilled workers to rely on strong personal credentials.
- Better Coordination Between IRCC and CBSA: As flagpoling ends, departments are expected to collaborate to maintain smooth operations and reduce wait times.
Key Takeaways
- LMIA Points Removal: In spring 2025, LMIA-backed job offers in Express Entry will no longer yield extra CRS points.
- Flagpoling Ban: As of December 23, 2024, border-based applications for work and study permits will end, except for specific exemptions.
- Fraud Reduction: Both policy shifts target fraudulent practices, aiming for a more equitable, efficient immigration system.
- Employer Implications: Canadian employers must adapt by looking at other strategies, such as emphasizing Provincial Nominee Programs or offering higher wages and benefits.
- Preparation Is Crucial: Candidates and employers should stay informed and plan applications well in advance to avoid disruptions.
Conclusion
Canada’s move to remove LMIA points in Express Entry and end flagpoling underscores a broader commitment to integrity, fairness, and efficiency in its immigration and border management systems. While these measures may require adjustment for both newcomers and employers, they ultimately strengthen Canada’s position as a global leader in effective, transparent immigration practices.
For those impacted by these changes, early and thorough planning is essential. By focusing on genuine skill sets, qualifications, and timely applications, immigrants and employers alike can continue to thrive within Canada’s evolving immigration framework.