Bill C-19’s potential impact on Canada’s Express Entry System

Canada recently made changes to its immigration system in the form of Bill C-19, which amends the country’s immigration act, among a variety of other laws. The bill will change how the government chooses candidates via its Express Entry system in particular.

(FIND OUT IF YOU'RE ELIGIBLE FOR EXPRESS ENTRY)

The new amendment alters the Immigration Refugee Protection Act (IRPA). In this article, we will discuss the impact of this amendment on the immigration process.

With these changes, candidates can be invited to the country on the basis of what it calls “groupings” which are created by the minister of immigration. Under this new approach, the minister will choose applicants on the basis of their rank within their specified grouping. These groupings are ostensibly based on economic goals the country wishes to focus on. The minister would issue public notice of those economic goals per round and also list the eligibility criteria on its IRCC website.

Canada has not yet stated which groupings will be selected. Most likely, they will be based on factors such as: work experience, educational background, or proficiency in one of Canada’s official languages. For instance, they may focus on a round of invitations which will be issued only to French-speakers, or those candidates with occupational experience in a field with high demand for the country at the time.

How does Canada currently select Express Entry candidates?

Currently, the country’s Express Entry System ranks applicants on the basis of a point system and only issues invitations based on what it calls a minimum Comprehensive Ranking System (CRS) score.

In some of Canada’s provinces, however, they may invite Express Entry candidates on the basis of various other factors. Some Express Entry-aligned Provincial Nominee Programs (PNP) target individuals in the pool of applicants who meet set criteria that help respond to the provinces’ labor needs within a specific demographic, such as Ontario’s Human Capital Priorities and French-Speaking Skilled Worker streams, and Nova Scotia’s Labour Market Priorities Stream, for example.

The modified federal procedure proposed by Bill C-19 may look like a smaller sample of how they are currently selecting applicants.

The changes are directed at responding to Canada’s labor market and demographic needs in a more efficient and purposeful way, and while Canada is experiencing a labor shortage, Canadian businesses are requesting the federal government to streamline the process for highly in demand, skilled workers.

What is the target date for Canada’s targeted Express Entry draw process?

The immigration minister is required to consult with what it calls “stakeholders” prior to determining which groupings will be invited in an Express Entry draw. These stakeholders consist of provinces and territories, industries, labor unions, the employers, the workers, as well as worker advocacy groups, settlement provider organizations and immigration researchers and consultants. Via the consultation process, the minister will gather data and suggestions on how the categories might be formulated to meet the country’s economic goals.

These suggestions must be formed on the basis of submissions in writing that are provided by relevant stakeholders. Before beginning these targeted draws based on the bill passed in late June 2022, the minister needs to go through this comprehensive consultation process

The country recently restarted its all-program Express Entry draws on July 6, 2022. Given the large number of applicants in the pool, an Express Entry draw using the current system is likely to provide a similar pool of candidates. Canada has expressed prior concerns that this homogenous group of candidates might not be able to meet the labor needs of the country.

Bill C-19 underwent royal assent on June 23, 2022, and the country’s Immigration Minister Sean Fraser recently told CIC News in an interview which took place on June 21 that he hopes the bill will pass through the Senate, and that these changes will be implemented rapidly. The minister also shared his view that, while the Express Entry system gives Canada a competitive advantage, there is also room for improvement.

“Where [the Express Entry system] could be improved is at present if there are particular challenges that your economy is facing it might be facing in the long term, we don’t have the ability to tailor the invitations to apply to the Express Entry system to meet those in-demand skills or qualifications,” Fraser said.

“If you’re in a circumstance where you have an abundance of applications that are all in one particular sector, and that sector doesn’t have high needs in Canada the Express Entry system as it exists today, is likely to bring in people that might not be perfectly matched to the needs of the Canadian economy.”

He also said that, “The goal is really to maximize the contribution that a newcomer can make in their communities so they’re set up for success when they arrive, but also that they’re going to meet the needs of the community where they’re going to reside,” and “I expect we’re going to see potential increase of retention rates have opened up because people are coming in where they know they have opportunities because that was the basis of their invitation to apply.”

Opponents of the new bill argue that these changes might permit special interest groups to push for a specific kind of candidate, and amendments were made in earlier drafts of the legislation that address the need for a more transparent selection process. Fraser also spoke to this concern directly:

“If I sit at my office in Ottawa and start making decisions about what regions and what sectors should benefit from this new policy, I would be going down a very dangerous path,” Fraser said. “I need to engage with people at a local community level. I need to engage with my provincial and territorial counterparts. I need to engage with business councils and sectors that have high needs so we can understand what their needs are.”

https://www.cicnews.com/2022/06/immigration-minister-sean-fraser-discusses-express-entry-reforms-0626504.html#gs.5t6k4f

Comprehensive Ranking System (CRS)

Immigration candidates, as we have discussed in the Express Entry pool, are ranked in comparison to each other via what the country has labeled the “Comprehensive Ranking System” (CRS). The candidates with the highest scores will receive an Invitation to Apply (ITA) for Canadian permanent residence. Helpful answers to the most common questions can be found below:

·         What is the Comprehensive Ranking System (CRS)?

·         How can I increase my CRS score?

·         How can a Provincial Nominee Program increase my CRS score?

·         What CRS score is required for PNPs?

·         Do I get more CRS points if I apply with a spouse?

·         CRS Score Breakdown Table

https://www.canadim.com/resources/tools/crs-calculator/

This new system might be challenging, but that is precisely why we at Borderless Counsel are here to help you every step along the way. Feel free to reach out to us with any questions you might have and we will be happy to arrange a consultation with you via someone in our network, to address your needs.

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