The immigration minister of Canada this week acknowledged the significant contribution of the people who have moved to Canada in search of opportunities and a new life. The Minister addressed the hardship migrants face and highlighted the concern through various new changes and amendments. Among the changes, the Minister proposed, include regulatory amendments to target fraud and border security.
Key Changes
The Minister has proposed to remove extra points granted to the labour market assessment (“LMIA”) supported job offers which facilitate skilled immigrants to avail permanent residency in Canada. The benefit of LIMA backed job offers is that it grants candidates an additional 50 to 200 points for express entry pathways. The government sought to remove the LMIA points as it was creating an illicit trading web, trapping immigrants into purchasing LMIA through illegal employment offers. This illegal arrangement defeated the original purpose of assessing candidates on the basis of their talent and merits. By removing the LMIA points, the government is aiming to tackle fraud.
Furthermore, the Minister also introduced tighter regulations for flagpoling. This is a legal mechanism to seek a temporary permit, for example; a work permit or study permit, at the port of entry. The process has a significant advantage because it allows an applicant to effectively bypass the regular wait time associated with applying for study or work permits inside Canada and through an online process.
Tighter flagpoling regulations aim to increase fairness among the applicants and level the playing field. It even tries to curb illegal traffickers who target vulnerable people by restricting who can seek a service at the port of entry. Once the border security is relatively free from looking at the nuances of the flagpole applications, the focus can be shifted to strengthening the territory which should address the overall safety concerns for the people living in Canada.
Moreover, it is pertinent to mention that despite the rationale behind the changes, there is a concern whether the changes are a blunt response to the issue they purport to address. For example, extra points associated with LMIA backed job offers allow the most meritorious applicants to gain permanent residence.
Similarly, there are legitimate reasons for flagpoling and why an applicant may seek a permit at the port of entry. One example comes to mind relates to an essential worker that is urgently needed in Canada.
The jury is still out, and we will have to wait and see whether the proposed changes will accomplish their objective. In the meantime, if you need help or have questions, we are here to help.
Make the right call and talk to us today. We have extensive experience in Canadian immigration law and we can help you evaluate your options.