New Rules in Canada on Permanent Residency for LMIAs

New Rules in Canada for LMIAs on Permanent Residency 

Check Your Eligibility!

    Canada’s immigration minister, Marc Miller, announced a significant change regarding job offers supported by Labour Market Impact Assessments (LMIAs) in applications for permanent residency (PR). This decision aims to address dishonest practices and was revealed during a press conference in Ottawa on Tuesday.

    Let’s explore the Canadian government’s rationale behind this decision and its potential benefits.

    What’s the Current Situation of PR Applicants in Canada?

    Currently, PR applicants in Canada receive a minimum of 50 points under the Express Entry system. These points play a key role in helping applicants secure LMIA-supported job offers, thereby improving their chances of being selected.

    What are the New Rules in Canada?

    Canadian immigration authorities plan to eliminate the advantage provided by LMIA-supported job offers in PR applications. This change seeks to reduce fraudulent practices. Removing the 50 points from the Express Entry system is expected to discourage people from purchasing LMIAs. The new rules aim to create a more fair and transparent immigration system. However, the government has not specified a timeline for implementing these changes.

    What Will Be the Impact of Canada’s New Rule?

    Reports indicate that LMIA approvals increased to 71,300 in the first three months of 2024, up from 63,300 in the same period of 2023. The government aims to ensure greater integrity within the immigration system and reduce LMIA fraud. One of the key steps is to eliminate extra points in Express Entry for candidates with LMIA-supported job offers, as highlighted by the Hindustan Times.

    What Will Be the Benefits of the New Rules in Canada?

    The announcement has sparked mixed reactions. Naresh Chavda, president of Globayan Immigration Corporation, expressed support for reducing LMIA fraud but voiced concerns that skilled workers and their employers might be negatively affected by the removal of LMIA points.

    “The government should focus on better screening and other measures instead of completely removing LMIA points from Express Entry,” he told the Hindustan Times.

    Immigration analyst Darshan Maharaja also supported the move, acknowledging that LMIA approvals are often sold on social media, disrupting the job market. However, he warned that “The damage is so significant that we should not expect quick fixes.”

    Why Are the New Rules in Canada Made?

    The decision follows reports of LMIA-related fraud. Some immigration agents have been accused of issuing LMIAs in exchange for substantial payments, ranging from CA$10,000 to CA$75,000.

    A positive LMIA helps workers secure a work permit or improve their chances of permanent residency through the Express Entry system, which includes programs like the Canadian Experience Class, Federal Skilled Worker Program, and Federal Skilled Trades Program.

    In November, Minister Miller highlighted efforts to curb employers’ reliance on “unlimited” low-wage labour, aiming to address the unfair treatment of foreign workers and reduce Canada’s dependency on low-wage labour.

    Final Words

    The Canadian government has announced new rules affecting the PR application process. Starting from December 17, 2024, applicants will no longer receive 50 points for LMIA-supported job offers. This decision aims to reduce fraudulent practices and promote a more transparent immigration system. Contact AIMS Education for more details.

    FAQ

    What are the new rules for LMIA in Canada in 2024?

    The wage threshold for distinguishing between high-wage and low-wage streams will increase by 20%. Additionally, starting October 28, 2024, employers will no longer be able to use letters from lawyers or professional accountants to prove their business legitimacy.

    Can I get PR with LMIA in Canada?

    Yes, a positive LMIA helps skilled workers apply to IRCC for:
    A permanent resident visa under programs like FSWP, FSTP, and CEC.
    A work permit to start working while waiting for their PR visa decision.

    Are LMIA points removed in Canada?

    Yes, Express Entry candidates will no longer receive extra points under the Comprehensive Ranking System (CRS) for LMIA-supported job offers. Previously, candidates could earn 50 or 200 CRS points for such offers.

    What is the validity of PR supporting LMIA?

    Once a positive LMIA is issued, temporary foreign workers have six months to apply for a work permit. No extensions will be granted. If six months pass without applying, a new LMIA will be required.

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