January 11, 2025

CIP 156: Time's Up Series - No Points for LMIAs: What this means for Express Entry?

1 hour 8 minutes

Episode Summary

In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry dive deep into the recent announcement by Immigration Minister Marc Miller regarding the removal of LMIA-based job offer points in the Express Entry system. This change has significant implications for temporary foreign workers, international students, and employers across Canada.

Mark and Alicia break down what this policy shift means, how it could impact applicants relying on Labour Market Impact Assessments (LMIAs) for additional CRS points, and what alternatives exist for those seeking permanent residency.

Key Topics Discussed

Understanding the Policy Change

Overview of Minister Marc Miller’s announcement removing LMIA job offer points in Express Entry.

The difference between Ministerial Instructions (MIs) and formal regulatory changes.

Potential timeline for the implementation of this change.

Impact on Applicants and Employers

Who will be most affected by the removal of LMIA points (e.g., Tier 2 and Tier 3 workers).

How the removal of LMIA points could lower CRS cut-off scores for general draws.

The disproportionate impact on workers in lower-skilled occupations and certain industries.

Implications for Canadian employers trying to retain foreign workers.

Why the Change Was Introduced

Rising concerns over fraud and job offer selling in the LMIA system.

The government's strategy to prevent abuse of the immigration system.

Balancing fraud prevention with the needs of genuine employers and workers.

Alternative Pathways to Permanent Residency

Increased importance of Provincial Nominee Programs (PNPs).

Focus on improving human capital factors (language skills, education, work experience).

The role of LMIA-exempt work permits under the International Mobility Program (IMP).

Exploring opportunities in the new Rural and Francophone Community Immigration Programs.

Legal and Strategic Considerations

How the removal of LMIA points affects Federal Skilled Worker selection factors.

The difference between CRS points and arranged employment points in immigration programs.

The importance of legal compliance to avoid inadmissibility and protect future immigration options.

Key Takeaways

LMIA-based CRS points are being removed due to fraud concerns, significantly impacting certain industries and foreign workers.

Applicants must focus on strengthening their CRS scores through language proficiency, education, and Canadian work experience.

Employers must explore alternative ways, such as PNPs, to support foreign workers.

Fraud in the LMIA system has widespread consequences, leading to stricter immigration policies.

Staying informed and seeking professional legal advice is critical during this transition.

Quotes from the Episode

Mark Holthe:
"This change is not just about preventing fraud—it’s a shift toward prioritizing high human capital in Canada’s immigration system."

Alicia Backman-Beharry:
"For many, the LMIA points were a lifeline. Without them, workers and employers need to pivot to alternative pathways like PNPs."

Links and Resources

Watch this episode on YouTube

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

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By Mark Holthe

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