Due to the widespread fraud, Immigration Minister Marc Miller informed The Toronto Star that he is seriously contemplating removing the extra points granted to candidates with an eligible job offer. While he recognized that this could disadvantage those with legitimate job offers, he emphasized that the severity and scale of the fraud make it necessary for the government to consider significant changes to the Express Entry points system.

Overhaul of Express Entry Points System

Understanding the Role of Additional Points for an Eligible Job Offer in the Express Entry System

Securing an eligible job offer for Express Entry can significantly boost your CRS score by 50-200 points, enhancing your chances of receiving an invitation to apply. However, not all job offers qualify, and obtaining an eligible offer is often more challenging than anticipated.

For context, candidates with job offers at NOC TEERs 0, 1, 2, or 3 receive 50 points, while those with offers at NOC codes starting with 00 earn 200 points. You can find more details about eligible job offers here.

To be considered valid for the Federal Skilled Worker and Canadian Experience Class, a job offer must be backed by a positive Labour Market Impact Assessment (LMIA) or be exempt from requiring one. Importantly, a job with an open work permit does not qualify as a valid offer, which ties into concerns about LMIA fraud.

In 2023, around 9% of candidates in the Express Entry pool used this points boost, compared to 6% in 2021 and 2022. At the invitation stage, approximately 19% of candidates invited to apply for Express Entry in 2023 had an eligible job offer. Having a job offer improves your chances of receiving an invitation to apply for Express Entry.

It’s important to note that an eligible job offer can boost your CRS score by up to 600 points, almost guaranteeing an invitation to apply for permanent residence if it qualifies a candidate for a provincial nomination. While this was not addressed by the Minister, any changes to provincial eligibility would need to occur at the provincial level. However, the planned reduction in PNP immigration for 2025 is likely intended to encourage provinces to be more selective about the candidates they invite to apply.

Understanding the Extent of LMIA Fraud in Canada

While the exact scale of LMIA fraud remains unclear, there has been a notable surge in reports of LMIAs being sold over the past six months. This fraud varies from charging individuals for an LMIA, requiring workers to pay their own salary, to advertising fake job positions that are “filled” for a fee (with no actual job offer). The costs for such schemes typically range from $15,000 to upwards of $75,000.

This practice has been likened to pseudo-slavery, and it is, at the very least, unethical, unfair to legitimate candidates, and exploitative of those hoping to build a future in Canada.

Why Is This Happening?

In our view, the rise in LMIA fraud is likely a result of the persistently high CRS scores in the Canadian Experience Class (CEC) category during Express Entry draws. In 2024, the lowest CRS score for a CEC draw was 509, compared to 431 in 2020 and scores typically ranging from 380 to 450 in 2021.

In 2021, the lowest CRS score was 75, which was part of a rare draw where Canada invited all workers with eligible Canadian work experience in response to pandemic-related delays and ongoing labor shortages.

What Impact Could This Have on Your CRS?

For legitimate candidates hoping to discuss obtaining an LMIA with their employer, it may be worth considering other strategies to improve your CRS score. While this change is not yet confirmed, it’s always prudent to plan for and adapt to potential adjustments.

You can use our online CRS calculator to understand where your CRS points come from and explore ways to improve them. Learning French remains a strong strategy to increase your chances of receiving an invitation to apply for permanent residence in Canada.

That said, those already working in Canada shouldn’t feel too discouraged. While the opportunity to add 50 points to your CRS score may be at risk, the Canadian government plans to prioritize In-Canada candidates in 2025.

Immigration Minister Marc Miller recently reiterated that Canada intends to transition many temporary residents to permanent residents in 2025.

Conclusion

In conclusion, while changes to the Express Entry points system, particularly regarding LMIA-related job offers, are being considered, candidates need to explore alternative ways to boost their CRS score. Focusing on strategies like learning French can enhance your chances of securing an invitation to apply. Despite potential changes, those working in Canada should remain optimistic, as the government plans to prioritize In-Canada candidates in 2025. Adapting to these shifts and staying informed will be key to navigating the evolving immigration landscape.