Critics Call For Changes To New Canadian Immigration Law

Canadian Citizenship

Only a few weeks after its initial implementation, a growing number of critics are calling for changes to the new Canadian immigration law known as Express Entry.

In the first round of the Express Entry system, a total of 779 candidates were selected at the end of January to participate in the program; that number represented about 26 percent of the 3,000 applications the government accepted for the initial Express Entry draw.

Under the Express Entry program, candidates are assigned points based upon their age, education, professional qualifications and successful completion of a Labor Market Impact Assessment (LMIA). A full half of the required 1,200 points in Express Entry are assigned based on attaining an LMIA. Under the LMIA system, employers are required to show that foreign applicants for Canadian work visas can prove that they possess skills in demand, and are filling a position that no Canadian is available to fill.

Although the January selection of candidates marked the first draw from the ‘pool’ of Express Entry applicants, the percentage of those accepted was seen by many as being rather low, and could be indicative of problems with the LMIA program. Toronto immigration lawyer Sergio Karas explained that LMIAs are “incredibly difficult to get…laborious and time insensitive and complicated” for Canadian employers to obtain.

The Express Entry program requires employers to successfully complete a two-step application process in which foreign applicants’ names are entered into a “pool”, and then ranked against other candidates under consideration for permanent residency based on the number of points assigned to them.

Over 10,000 foreign workers applied for the first round of Express Entry, with only 3,000 candidates being selected for the initial pool of names.

While critics of the Express Entry program expressed concern about its initial implementation, Immigration Minister Chris Alexander said he was pleased with the program’s first round of applications. Alexander cited the fact that all Express Entry candidates had “valid job offers” and were “highly skilled”, and he believed that meant that they were more likely to successfully integrate into Canadian society.

Among the criticisms of the Express Entry system is also its alleged lack of transparency. Mario Bellissimo, past president of the Canadian Bar Association’s immigration section, said the fact that the number of Express Entry applicants is not fixed but is instead a “moving target” means the program lacks transparency, and will likely call into question “the integrity of the (whole) system.”

A second Express Entry draw of applicants’ names was conducted in early February, and an additional 779 candidates were selected at that time. Under the rules of Express Entry, successful candidates must respond within 60 days of notice; those candidates not selected will remain in the pool for an additional six months, and will be entered into future draws.

The federal government is expected to conduct between 15 and 25 Express Entry draws during the current calendar year.