Canada: CIC Issues Ministerial Instructions Relating To Express Entry

Last Updated: January 2 2015
Article by Henry Chang

On December 1, 2014, Citizenship and Immigration Canada ("CIC") published Ministerial Instructions relating to its proposed Express Entry System ("Express Entry"). Express Entry will come into effect on January 1, 2015, at 12:00 noon EST, and will apply to the following categories:

  1. The Federal Skilled Worker ("FSW") Class;
  2. The Canadian Experience Class ("CEC");
  3. The Federal Skilled Trades ("FST") Class; and
  4. Members of the Provincial Nominee Class who fall within the Express Entry Stream of a Provincial Nominee Program ("PNP"). 

In summary, Express Entry will apply to all FSW, CEC, and FST applications filed on or after January 1, 2015. However, it will not apply to any existing PNP streams. Instead, each province will have the option of establishing a new Express Entry Stream under its existing PNP. 

Overview

Potential candidates will be permitted to submit an online Express Entry profile (i.e. an "Expression of Interest"). At this time, they will be asked to provide information about their: (a) skills, (b) work experience, (c) language ability, (d) education, and (e) other relevant factors. However, if a candidate is unable to submit an Expression of Interest online, due to a physical or mental disability, it may be submitted by another means made available by CIC for that purpose.

Candidates who meet the applicable eligibility requirements of at least one of the classes described above (i.e. FSW, CEC, FST, or PNP Express Entry stream) will be accepted into a special pool of candidates (the "Express Entry Pool"). However, acceptance into the Express Entry Pool does not guarantee that a particular candidate will be issued an Invitation to Apply ("ITA") for permanent residence. Instead, candidates in the Express Entry Pool will be ranked against each other using a point-based system called the Comprehensive Ranking System; these points will be awarded using the information contained in each candidate's Expression of Interest. The candidates with the highest ranking will be periodically selected from the Express Entry Pool. 

Candidates may not receive an ITA unless they satisfy the following requirements:

  1. They must satisfy the eligibility requirements of at least one of the classes described above (i.e. FSW, CEC, FST, or PNP Express Entry stream). 
  2. They must have a positive Labour Market Impact Assessment ("LMIA"), if they are working in Canada under a work permit issued pursuant to: (1) an international agreement between Canada and one or more foreign countries (such as a work permit based on the NAFTA or similar free trade agreements), or (2) a federal-provincial agreement (such as a work permit based on a PNP Nomination Certificate). This language is particularly troubling because appears to preclude the issuance of an ITA to certain foreign workers who would not otherwise require an LMIA, unless their Canadian employer obtains one on their behalf. For example, a Chief Executive Officer of a multinational corporation who obtains a work permit without an LMIA, as a NAFTA intra-company transferee, would normally be deemed to have arranged employment for the purposes of the FSW class without the need to obtain an actual LMIA. However, under Express Entry that same CEO would be prevented from receiving an ITA while a lower-level employee with an approved LMIA would be entitled to receive an ITA. It is hoped that CIC corrects this apparent error before Express Entry commences on January 1, 2015. 
  3. Within 30 days from the date that they submit their Expression of Interest, they must register with the Job Bank maintained by Employment and Social Development Canada ("ESDC"), if they do not have a qualifying offer of arranged employment or are not named in a Nomination Certificate issued under a PNP Express Entry stream at the end of that period. 

If someone receives an ITA, they will have sixty days to submit an online application for permanent residence. CIC expects to process the majority of complete applications (meaning those with all the necessary supporting documents) in six months or less. 

Candidates accepted into the Express Entry Pool may remain in the pool for up to twelve months, starting on the date that their Expression of Interest was submitted. If they do not receive an ITA during this period, they will be removed from the pool. However, they may submit a new Expression of Interest; if they still satisfy the criteria, they can re-enter the Express Entry Pool. 

If a candidate declines the invitation within the sixty-day period, the remaining portion of the original one-year period of their inclusion in the Express Entry Pool will continue. However, if the candidate does not decline the invitation within the sixty-day period and does not make an application for permanent residence within that period, the Expression of Interest will end, regardless of the portion of the one-year period that remains.

Mandatory Submission of Educational Credential Assessments and Language Proficiency Results

Candidates will be required to provide the results of an assessment of their proficiency in English or French (issued by a designated language testing organization or institution) at the time that they submit their Expression of Interest. Language proficiency assessments are valid for a period of two years from the date that they are issued.

In addition, candidates who are relying on foreign education will be required to provide the results of a valid educational credential equivalency assessment (issued by a designated credential evaluation organization or institution) at the time that they submit their Expression of Interest. Educational credential assessments are valid for a period of five years from the date that they are issued. 

The Comprehensive Ranking System

The ranking of candidates who are included in the Express Entry Pool will be based on the total number of points assigned to each candidate, using the information provided in their Expression of Interest and in accordance with the Comprehensive Ranking System, which considers the following factors:

  1. Core human capital factors;
  2. Accompanying spouse or common-law partner factors;
  3. Skill transferability factors; and
  4. Factors relating to a provincial nomination or a qualifying offer of arranged employment.

Maximum Points Allocations

The total number of points that may be assigned under the Comprehensive Ranking System is 1200 points. These points will be allocated as follows:

  1. Where a candidate has no accompanying spouse or common-law partner: (i) a maximum of 500 points for core human capital factors, (ii) a maximum of 100 points for skill transferability factors, and (iii) a maximum of 600 points for either a provincial nomination or a qualifying offer of arranged employment; and
  2. Where a candidate has an accompanying spouse or common-law partner: (i) a maximum of 460 points for the core human capital factors, (ii) a maximum of 40 points for accompanying spouse or common-law partner factors, (iii) a maximum of 100 points for skill transferability factors, and (iv) a maximum of 600 points for either a provincial nomination or a qualifying offer of arranged employment.

Core Human Capital Factors

Age

For a candidate who has no accompanying spouse or common-law partner, points for age are assigned as follows:

  1. 0 points, if the candidate is 17 years of age or less;
  2. 99 points, if the candidate is 18 years of age;
  3. 105 points, if the candidate is 19 years of age;
  4. 110 points, if the candidate is 20 to 29 years of age;
  5. 105 points, if the candidate is 30 years of age;
  6. 99 points, if the candidate is 31 years of age;
  7. 94 points, if the candidate is 32 years of age;
  8. 88 points, if the candidate is 33 years of age;
  9. 83 points, if the candidate is 34 years of age;
  10. 77 points, if the candidate is 35 years of age;
  11. 72 points, if the candidate is 36 years of age;
  12. 66 points, if the candidate is 37 years of age;
  13. 61 points, if the candidate is 38 years of age;
  14. 55 points, if the candidate is 39 years of age;
  15. 50 points, if the candidate is 40 years of age;
  16. 39 points, if the candidate is 41 years of age;
  17. 28 points, if the candidate is 42 years of age;
  18. 17 points, if the candidate is 43 years of age;
  19. 6 points, if the candidate is 44 years of age; and
  20. 0 points, if the candidate is 45 years of age or more.

For a candidate who has an accompanying spouse or common-law partner, points for age are assigned as follows:

  1. 0 points, if the candidate is 17 years of age or less;
  2. 90 points, if the candidate is 18 years of age;
  3. 95 points, if the candidate is 19 years of age;
  4. 100 points, if the candidate is 20 to 29 years of age;
  5. 95 points, if the candidate is 30 years of age;
  6. 90 points, if the candidate is 31 years of age;
  7. 85 points, if the candidate is 32 years of age;
  8. 80 points, if the candidate is 33 years of age;
  9. 75 points, if the candidate is 34 years of age;
  10. 70 points, if the candidate is 35 years of age;
  11. 65 points, if the candidate is 36 years of age;
  12. 60 points, if the candidate is 37 years of age;
  13. 55 points, if the candidate is 38 years of age;
  14. 50 points, if the candidate is 39 years of age;
  15. 45 points, if the candidate is 40 years of age;
  16. 35 points, if the candidate is 41 years of age;
  17. 25 points, if the candidate is 42 years of age;
  18. 15 points, if the candidate is 43 years of age;
  19. 5 points, if the candidate is 44 years of age; and
  20. 0 points, if the candidate is 45 years of age or more.

Level of Education

For a candidate who has no accompanying spouse or common-law partner, points for level of education are assigned as follows:

  1. 0 points, if the candidate has less than a secondary school credential,
  2. 30 points, if the candidate has a secondary school credential,
  3. 90 points, if the candidate has a one-year post-secondary program credential,
  4. 98 points, if the candidate has a two-year post-secondary program credential,
  5. 120 points, if the candidate has a post-secondary program credential of three years or more,
  6. 128 points, if the candidate has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
  7. 135 points, if the candidate has a university-level credential at the master's level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification ("NOC") matrix at Skill level A for which licensing by a provincial regulatory body is required, and
  8. 150 points, if the candidate has a university-level credential at the doctoral level.

For a candidate who has an accompanying spouse or common-law partner, points for level of education are assigned as follows:

  1. 0 points, if the candidate has less than a secondary school credential;
  2. 28 points, if the candidate has a secondary school credential;
  3. 84 points, if the candidate has a one-year post-secondary program credential;
  4. 91 points, if the candidate has a two-year post-secondary program credential;
  5. 112 points, if the candidate has a post-secondary program credential of three years or more;
  6. 119 points, if the candidate has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more;
  7. 126 points, if the candidate has a university-level credential at the master's level or an entry-to-practice professional degree for an occupation listed in the NOC matrix at Skill level A for which licensing by a provincial regulatory body is required; and
  8. 140 points, if the candidate has a university-level credential at the doctoral level.

Education points will be assigned based on the highest level of education obtained. However, in order for a candidate to be assigned points for education, the following must apply:

  1. Their educational credentials must be Canadian educational credentials; or
  2. They must have a valid educational credential equivalency assessment issued by a designated credential evaluation organization or institution.

Official Language Proficiency

Overview

Points will be assigned to candidates for proficiency in their first official language and for proficiency in their second official language. As a result, they must indicate which of Canada's two official languages (English or French) is their primary language and which is their secondary language. In order to receive points for language, candidates must also have their proficiency assessed by a designated language testing organization or institution. 

First Official Language

Points will be assigned for each language skill area (reading, writing, listening, and speaking) of the candidate's first official language. The calculation of points will be based on their benchmark level, as assessed under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens

For a candidate who has no accompanying spouse or common-law partner, points will be assigned for each language skill area as follows:

  1. 0 points for being assessed at less than level 4;
  2. 6 points for being assessed at level 4 or 5;
  3. 9 points for being assessed at level 6;
  4. 17 points for being assessed at level 7;
  5. 23 points for being assessed at level 8;
  6. 31 points for being assessed at level 9; and
  7. 34 points for being assessed at level 10 or higher.

The maximum number of points that may be assigned for all four language skill areas, taken together, in the candidate's first official language is 136 points.

For a candidate who has an accompanying spouse or common-law partner, points will be assigned for each language skill area as follows:

  1. 0 points for being assessed at less than level 4;
  2. 6 points for being assessed at level 4 or 5;
  3. 8 points for being assessed at level 6;
  4. 16 points for being assessed at level 7;
  5. 22 points for being assessed at level 8;
  6. 29 points for being assessed at level 9; and
  7. 32 points for being assessed at level 10 or higher.

The maximum number of points that may be assigned for all four language skill areas, taken together, in the candidate's first official language is 128 points.

Second Official Language

Points will also be assigned for each language skill area (reading, writing, listening, and speaking) of the candidate's second official language. The calculation of points will again be based on their benchmark level, as assessed under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens

Points will be assigned for each language skill area as follows:

  1. 0 points for being assessed at level 4 or less;
  2. 1 point for being assessed at level 5 or 6;
  3. 3 points for being assessed at level 7 or 8; and
  4. 6 points for being assessed at level 9 or higher.

For a candidate who has no accompanying spouse or common-law partner, the maximum number of points that may be assigned for all of the language skill areas, taken together, in the second official language is 24 points. For a candidate who has an accompanying spouse or common-law partner, the maximum number of points that may be assigned for all of the language skill areas, taken together, in the second official language is 22 points.

Canadian Work Experience

Points will be assigned to candidates for Canadian work experience, which is defined as work experience that:

  1. Is acquired by a candidate in Canada in one or more occupations listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
  2. Consists of continuous full-time work experience or the full-time equivalent for part-time work experience; and
  3. Is acquired within the 10-year period preceding the day on which points are assigned to the candidate.

Full-time employment means employment of at least 30 hours per week. A period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, will be evaluated as a single period of full-time work experience in a single occupation.

Any period of employment during which the candidate was engaged in full-time study, engaged in self-employment, or engaged in unauthorized work may not be counted when calculating the period of work experience. The candidate must also have had temporary resident status during their period of work experience and any period of full-time study or training. 

The candidate must specify in their Expression of Interest the four-digit code in the NOC that corresponds to each of the occupations they have engaged in while accumulating their Canadian work experience. They must also have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the NOC, as well as a substantial number of the main duties described therein (including all essential duties).

For a candidate who has no accompanying spouse or common-law partner, points will be assigned for Canadian work experience as follows:

  1. 0 points, for no Canadian work experience or less than one year of such experience;
  2. 40 points, for one year of Canadian work experience;
  3. 53 points, for two years of Canadian work experience;
  4. 64 points, for three years of Canadian work experience;
  5. 72 points, for four years of Canadian work experience; and
  6. 80 points, for five or more years of Canadian work experience.

For a candidate who has an accompanying spouse or common-law partner, points will be assigned for Canadian work experience as follows:

  1. 0 points, for no Canadian work experience or less than one year of such experience;
  2. 35 points, for one year of Canadian work experience;
  3. 46 points, for two years of Canadian work experience;
  4. 56 points for three years of Canadian work experience;
  5. 63 points, for four years of Canadian work experience; and
  6. 70 points, for five or more years of Canadian work experience.

Accompanying Spouse or Common-Law Partner

Points will also be assigned based on accompanying spouse or common-law partner factors, which consist of the following: (a) level of education, (b) official language proficiency; and (c) Canadian work experience. Each of these factors is described below.

Level of Education

In order for a candidate to be assigned points for education of the accompanying spouse or common-law partner (if applicable), the following must apply:

  1. Their educational credentials must be Canadian educational credentials; or
  2. They must have a valid educational credential equivalency assessment issued by a designated credential evaluation organization or institution.

Points will be assigned for the level of education of the accompanying spouse or common law partner as follows:

  1. 0 points, if the accompanying spouse or common-law partner has less than a secondary school credential;
  2. 2 points, if the accompanying spouse or common-law partner has a secondary school credential;
  3. 6 points, if the accompanying spouse or common-law partner has a one-year post-secondary program credential;
  4. 7 points, if the accompanying spouse or common-law partner has a two-year post-secondary program credential;
  5. 8 points, if the accompanying spouse or common-law partner has a post-secondary program credential of three years or more;
  6. 9 points, if the accompanying spouse or common-law partner has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more;
  7. 10 points, if the accompanying spouse or common-law partner has a university-level credential at the master's level or at the level of an entry-to-practice professional degree for an occupation listed in the NOC matrix at Skill level A for which licensing by a provincial regulatory body is required; and
  8. 10 points, if the accompanying spouse or common-law partner has a university-level credential at the doctoral level.

Official Language Proficiency

Points will be assigned for each language skill area (reading, writing, listening, and speaking) for the first official language (but not the second official language) of the accompanying spouse or common law partner. The candidate must specify which official language is to be considered the first official language of the spouse or common-law partner. 

The language proficiency of the accompanying spouse or common-law partner must be assessed by a designed organization or institution. Points assigned for proficiency in English will be based on the results assessed according to the benchmarks set out in Canadian Language Benchmarks and the points assigned for proficiency in the French language are to be based on the results assessed according to the benchmarks set out in the Niveaux de compétence linguistique canadiens.

Points will be assigned to the candidate for the proficiency of their accompanying spouse or common-law partner, in each language skill area (reading, writing, listening and speaking), as follows:

  1. 0 points for being assessed at level 4 or less;
  2. 1 point for being assessed at level 5 or 6;
  3. 3 points for being assessed at level 7 or 8; and
  4. 5 points for being assessed at level 9 or higher.

The maximum number of points that may be assigned for all of the language skill areas, taken together, is 20 points.

Canadian Work Experience

Points will be assigned to the candidate, based on the Canadian work experience of the accompanying spouse or common-law partner, as follows:

  1. 0 points, if the accompanying spouse or common-law partner has no Canadian work experience or less than one year of such experience;
  2. 5 points, if the accompanying spouse or common-law partner has one year of Canadian work experience;
  3. 7 points, if the accompanying spouse or common-law partner has two years of Canadian work experience;
  4. 8 points, if the accompanying spouse or common-law partner has three years of Canadian work experience;
  5. 9 points, if the accompanying spouse or common-law partner has four years of Canadian work experience; and
  6. 10 points, if the accompanying spouse or common-law partner has five or more years of Canadian work experience.

In order for the candidate to be assigned points for the Canadian work experience of their accompanying spouse or common-law partner, the Expression of Interest must include the four-digit code in the NOC that corresponds to each of the occupations that the accompanying spouse or common-law partner has engaged in while accumulating their Canadian work experience. The spouse or common-law partner also must have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the NOC, as well as a substantial number of the main duties (including all essential duties).

Skill Transferability Factors

Combination of Level of Education and Official Language Proficiency

Points are to be assigned for a combination of a candidate's level of education and language proficiency (in their first official language) as follows:

  1. 0 points, if the candidate has a secondary school credential, regardless of their proficiency in their first official language;
  2. 13 points, if the candidate has a post-secondary program credential of one or more years and is assessed overall in their first official language at level 7 on all language skill areas, with one or more areas assessed at less than level 9;
  3. 25 points, if the candidate has a post-secondary program credential of one or more years and is assessed in their first official language at level 9 or higher on all language skill areas;
  4. 25 points, if the candidate has two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more, and is assessed overall in their first official language at level 7 on all language skill areas, with one or more areas assessed at less than level 9; and
  5. 50 points, if the candidate has two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more, and is assessed in their first official language at level 9 or higher on all language skill areas.

Points are to be assigned based on the highest level of post-secondary education obtained.

Combination of Level of Education and Canadian Work Experience

Points are to be assigned for a combination of a candidate's level of education and Canadian work experience as follows:

  1. 0 points, if the candidate has a secondary school credential, regardless of their Canadian work experience;
  2. 13 points, if the candidate has a post-secondary program credential of one year or more and one year of Canadian work experience;
  3. 25 points, if the candidate has a post-secondary program credential of one year or more and two or more years of Canadian work experience;
  4. 25 points, if the candidate has two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more, and one year of Canadian work experience; and
  5. 50 points, if the candidate has two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more, and two or more years of Canadian work experience.

The above points are to be assigned based on the highest level of post-secondary education obtained. 

The points assigned for: (a) education plus language, and (b) education plus Canadian work experience may be combined. However, the total number of points earned for these two factors combined may not exceed 50 points.

Combination of Foreign Work Experience and Official Language Proficiency

Points are to be assigned for a combination of a candidate's foreign work experience and language proficiency (in their first official language) as follows:

  1. 0 points, if the candidate has no foreign work experience, regardless of their proficiency in their first official language;
  2. 13 points, if the candidate has one or two years of foreign work experience and is assessed overall in their first official language at level 7 on all language skill areas, with one or more areas assessed at less than level 9;
  3. 25 points, if the candidate has one or two years of foreign work experience and is assessed in their first official language at level 9 or higher on all language skill areas ;
  4. 25 points, if the candidate has three years of foreign work experience and is assessed overall in their first official language at level 7 on all language skill areas, with one or more areas assessed at less than level 9; and
  5. 50 points, if the candidate has three years of foreign work experience and is assessed in their first official language at level 9 or higher on all language skill areas.

In order for the candidate to be assigned points for foreign work experience, the Expression of Interest must include the four-digit code in the NOC that corresponds to each of the occupations that the candidate has engaged in while accumulating their foreign work experience. The candidate must also have performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the NOC, as well as a substantial number of the main duties (including all essential duties).

Combination of Canadian Work Experience and Foreign Work Experience

Points are to be assigned for a combination of a candidate's Canadian work experience and foreign work experience as follows:

  1. 0 points, if the candidate has no foreign work experience, regardless of their Canadian work experience;
  2. 13 points, if the candidate has one or two years of foreign work experience and one year of Canadian work experience;
  3. 25 points, if the candidate has one or two years of foreign work experience and two or more years of Canadian work experience;
  4. 25 points, if the candidate has three or more years of foreign work experience and one year of Canadian work experience; and
  5. 50 points, if the candidate has three or more years of foreign work experience and two or more years of Canadian work experience.

The points assigned for: (a) foreign work experience plus language, and (b) Canadian work experience plus foreign work experience may be combined. However, the total number of points earned for these two factors combined may not exceed 50 points.

Combination of Certificate of Qualification and Official Language Proficiency

Points are to be assigned for a combination of a candidate's certificate of qualification (in a trade occupation issued by a province) and language proficiency (in their first official language) as follows:

  1. 25 points, if the candidate has a certificate of qualification and is assessed overall in their first official language under the Canadian Language Benchmarks or the Niveaux de competence linguistique canadiens at benchmark level 5 or higher on all language skill areas, with one or more areas assessed under level 7; and
  2. 50 points, if the candidate has a certificate of qualification and is assessed in their first official language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens at benchmark level 7 or higher on all language skill areas.

Maximum Overall Points for Skill Transferability Factors

The maximum number of points that may be assigned for all of the skill transferability factors taken together is 100 points.

Provincial Nomination Under an Express Entry Stream

A total of 600 points may be assigned to a candidate if he or she is named in a Nomination Certificate issued by a PNP and the nomination has been: (a) verified by the relevant province, and (b) accepted by the candidate. However, these points will be lost if the Nomination Certificate is revoked by the province that issued it, or if the candidate declines the nomination. In addition, a candidate who receives 600 points for provincial nomination may not receive points for arranged employment. 

Offer of Arranged Employment

A total of 600 points may be assigned to a candidate if they have a qualifying offer of arranged employment. However, these points will be lost if the offer is revoked or ceases to be a qualifying offer of arranged employment. In addition, a candidate who receives 600 points for arranged employment may not receive points for provincial nomination. 

The term "qualifying offer of arranged employment" means:

  1. An offer of employment in a Skill Type 0, Skill Level A, or Skill Level B occupation, made by an employer (other than a blacklisted employer or an embassy, high commission or consulate in Canada) for full-time work in Canada that is non-seasonal, permanent, and supported by an LMIA; 
  2. An offer of employment, in a Skill Level B occupation eligible under the FST, that is made by up to two employers (other than a blacklisted employer or an embassy, high commission or consulate in Canada), for continuous, full-time work in Canada for at least one year and that is supported by an LMIA;
  3. An offer of employment in a Skill Type 0, Skill Level A, or Skill Level B occupation, made to a candidate who is working in Canada for the employer listed on their work permit (other than a blacklisted employer or an embassy, high commission or consulate in Canada) for full-time work in Canada that is non-seasonal and permanent, if the work permit was issued on the basis of an LMIA; or
  4. An offer of employment in a Skill Level B occupation eligible under the FST, that is made to a candidate by one or both employers listed on their work permit (other than a blacklisted employer or an embassy, high commission or consulate in Canada) for continuous, full-time work in Canada for at least one year in a skilled trade occupation that is in the same minor group set out in the NOC as the occupation specified on their work permit, if the work permit was issued on the basis of an LMIA. 

Conclusion

Express Entry will add additional complex layer of bureaucracy to the FSW, CEC, and FST classes. It will also significantly increase the level of uncertainty for candidates seeking permanent residence under these classes, since it will no longer be possible to reliably predict how long it will take for an applicant to be selected from the Express Entry pool. Many applicants could be included in the Express Entry Pool only to have their Expressions of Interest cancelled one year later if they are not selected. 

The Government of Canada has suggested a processing time of six months or less for candidates who are issued an ITA, which is a significant improvement over current processing times. However, these improved processing times may not be worth the increased uncertainty that will result from the implementation of Express Entry.

We will be watching to see how these cases are processed once Express Entry begins on January 1, 2015.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions