Prior to the introduction of the Express Entry program, many
high skilled foreign workers from the United States and Mexico came
to Canada to work under the North American Free Trade Agreement, an
agreement that provides for immigration between the three countries
without the requirement of a labour market impact assessment under
With Express Entry becoming the primary method through which
foreign workers can gain permanent residence, this reality has left
some employers concerned about what this means for foreign workers
who entered Canada through the NAFTA.
For the foreign workers employed by Canadian employers who
originally immigrated through NATFA, this likely means that those
workers will be required to re-apply for permanent residence
through the Express Entry and meet that program's requirement.
This is particularly concerning for these employers due to the
Labour Market Impact Assessment (LMIA) requirement for Express
While an LMIA is not strictly required for Express Entry, the
candidates in the pool who have both a Canadian job offer and a
positive LMIA are prioritized for permanent residency in the new
program. Earning a positive LMIA requires proof that the employer
made a significant effort to hire a Canadian for the position prior
to hiring a foreign workers.
This means that employers who want to continue to employ a
current foreign worker with experience at their company could be
required to open the position to Canadians and make an effort to
hire a Canadian for the position, despite wanting to retain a
foreign worker who is currently excelling in that position.
Similarly, the other international mobility programs operated
through Citizenship and Immigration Canada (CIC) and Employment and
Social Development Canada (ESDC) that allow for foreign workers to
travel to Canada and work without an LMIA will also be affected if
these foreign workers try to apply for permanent residency.
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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September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
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