How Express Entry works

Canadian Provinces and Territories (Photo credit: Wikipedia)

Express Entry will manage applications for permanent residence under these federal economic immigration programs:

• the Federal Skilled Worker Program,
• the Federal Skilled Trades Program, and
• the Canadian Experience Class.

Provinces and territories will also be able to recruit candidates from the Express Entry system through their Provincial Nominee Programs to meet local labour market needs.

The Express Entry system has two steps:

Step 1) Potential candidates complete an online Express Entry profile

Potential candidates will complete an online Express Entry profile. This is a secure form that they will use to provide information about their:

• skills,
• work experience,
• language ability,
• education, and
• other details that will help us assess them.

Those who meet the criteria of one of the federal immigration programs listed above will be accepted into a pool of candidates.

Anyone who does not already have a job offer supported by a Labour Market Impact Assessment (LMIA) (if you need one), or a nomination from a province or territory, must register with Employment and Social Development Canada’s (ESDC) Job Bank. Job Bank will help connect Express Entry candidates with eligible employers in Canada.

Candidates are also encouraged to promote themselves to employers in other ways, such as using job boards, recruiters etc.

In most cases when there is a job being offered to a candidate, employers will need an LMIA from ESDC. The LMIA process ensures employers have made an effort to hire Canadians for available jobs. There will be no LMIA fee for permanent resident applications.

Note: Entry into the Express Entry pool does not guarantee a candidate will be issued an Invitation to Apply (ITA) for permanent residence. Invited candidates still have to meet eligibility and admissibility requirements under Canada’s immigration law (Immigration and Refugee Protection Act).

Step 2) The highest-ranking candidates in the pool will be invited to apply for permanent residence

Candidates will be ranked against others in the pool using a point-based system called the Comprehensive Ranking System. Points are awarded using the information in their profile.

Candidates with the highest scores in the pool will be issued an Invitation to Apply. Candidates will be awarded points for:

• a job offer, and/or
• a nomination from a province or territory, and/or
• skills and experience factors.

A candidate can get additional points for:

• a job offer supported by a Labour Market Impact Assessment, or
• a nomination by a province or territory

These additional points will make a candidate rank high enough to be invited to apply at the next eligible draw of candidates.

If someone is invited to apply, they will have 60 days to submit an online application for permanent residence.

Citizenship and Immigration Canada will process the majority of complete applications (meaning those with all the necessary supporting documents) in six months or less.

Candidates can stay in the pool for up to 12 months. If they do not get an Invitation to Apply for permanent residence within 12 months of submitting an Express Entry profile, they may submit a new profile. If they still meet the criteria, they can re-enter the pool. This will prevent backlogs and ensure quick processing times.

Source: http://www.cic.gc.ca/english/express-entry/index.asp

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Getting Ready to Launch Express Entry

In-demand immigrants’ applications will be processed in six months or less

December 1, 2014 — Ottawa — Canada’s Citizenship and Immigration Minister Chris Alexander today confirmed it’s one month and counting until Express Entry launches a new phase of active immigration recruitment to meet economic and labour market needs. Potential candidates can create their profile on January 1st, 2015, with the first Invitations to Apply issued within weeks.

Express Entry will help select skilled immigrants based on their skills and experience. Those with valid job offers or provincial/territorial nominations will be picked first. Details published today in the Canada Gazette explain how candidates will be ranked and selected, based on these factors that research shows are linked to success in the Canadian economy. Research shows these criteria will help ensure newcomers participate more fully in the Canada’s economy and integrate more quickly into Canadian society.

Minister Alexander also highlighted that additional information was published on the CIC website to help potential immigrants and employers understand the new system, and to promote Canada as a destination of choice based on a strong economy, low taxes and job opportunities.

Express Entry will result in faster processing and will allow the Government of Canada to be more flexible and respond better to Canada’s changing labour market needs.

Quick facts

• Express Entry will manage applications for three federal economic immigration programs: the Federal Skilled Worker Program, Federal Skilled Trades Program and the Canadian Experience Class.
• Provinces and Territories will be able to use the Express Entry system to select a portion of candidates for their Provincial Nominee Programs.
• Express Entry will launch at 12 noon EST January 1st, 2015. The first draw for an invitation to apply is scheduled for the last week of January.
• Once candidates have been selected from the pool they will need to complete the immigration process, which includes health and security checks. Applications will be processed in six months or less.
• Canada is one of the most multicultural countries in the world, with clean and friendly cities, world-class universities, and business and job opportunities.Choose Canada.

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Government of Canada Replaces the Live-in Caregiver Program

Janet Morris, Director of Bet Tzedek's Family Caregiver Program, with clients. (Photo credit: Wikipedia)

On November 28, 2014, the Government of Canada issued Ministerial Instructions completely overhauling Canada's caregiver immigration programs.  

The changes consist of:

• Suspending the in-take of applications under the existing Live-in Caregiver Program;
• Establishing the Caring for Children Class; and
• Establishing the Caring for People with High Medical Needs Class. 

The above changes all take effect on November 30, 2014.

Suspending the in-take of applications under the existing Live-in Caregiver Program
 
No new permanent resident applications under the Live-in Caregiver Class will be accepted for processing unless they are supported by evidence that the underlying work permit associated with the foreign national's initial entry to Canada as a live-in caregiver was based on a Labour Market Impact Assessment application that the employer requested on or before November 30, 2014. 
 
Establishing the Caring for Children Class
 
Individuals will be eligible to apply for permanent residence under the Caring for Children Class if they:

• Have acquired, within the four years of applying for permanent residence, at least two years of full-time work experience in Canada as a Home Child Care Provider, within the meaning of that occupation as set out in National Occupational Classification code 4411, other than experience as a foster parent;
• Meet the employment requirements of being a Home Child Care Provider;
• Have attained (through the completion of a language exam) a level of English or French language proficiency at Canadian Language Benchmark 5,
• Have obtained either a Canadian educational credential of at least one year of post-secondary studies, or a foreign equivalent as demonstrated through an educational credential assessment; and
• They intend to reside in a province other than Quebec. 

The full-time work experience in Canada referred to above must have occurred while a foreign national was authorized to work in Canada under a work permit, and cannot include any period during which the foreign national was engaged in full-time study or was self-employed.  It is imperative that open work permit holders complete medical examinations and ensure that their work permits allow them to work as Home Child Care Providers before they begin working. 

Although the Ministerial Instructions do not mention any application caps for the Caring for Children Class, in a press release on October 31, 2014, Citizenship and Immigration Canada announced that the program would be capped at 2,750 applications per year. 

Establishing the Caring for People with High Medical Needs Class
 
Individuals will be eligible to apply for permanent residence under the Caring for People with High Medical Needs Class if they:

• Have acquired, within the four years of applying for permanent residence, at least two years of full-time work experience in Canada in one of the following occupations:
  • Registered Nurse or Registered Psychiatric Nurse within the meaning of National Occupational Classification code 3012;
  • Licensed Practical Nurse within the meaning of National Occupational Classification code 3233;
  • Nurse Aide, Orderly, or Patient Service Associate within the meaning of National Occupational Classification code 3413; or
  • Home Support Worker, but not Housekeeper, within the meaning of National Occupational Classification 4412. 
• Meet the employment requirements of their respective occupation;
• Have attained (through the completion of a language exam) a level of English or French language proficiency at Canadian Language Benchmark 7 for Registered Nurses or Psychiatric Nurses, and Canadian Language Benchmark 5 for the remaining professions,
• Have obtained either a Canadian educational credential of at least one year of post-secondary studies, or a foreign equivalent as demonstrated through an educational credential assessment; and
• They intend to reside in a province other than Quebec. 

The full-time work experience in Canada referred to above must have occurred while a foreign national was authorized to work in Canada under a work permit, and cannot include any period during which the foreign national was engaged in full-time study or was self-employed. It is imperative that open work permit holders complete medical examinations and ensure that their work permits allow them to work as Home Child Care Providers before they begin working. 

Although the Ministerial Instructions do not mention any application caps for the Caring for Children Class, in a press release on October 31, 2014, Citizenship and Immigration Canada previously announced that the program would be capped at 2,750 applications per year. 
 
More information about the Ministerial Instructions can be found here. 

Source: Steven Meurrens, Barrister & Solicitor

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