 "Canada tightens immigration rules to fight job offer fraud: Impact decoded")
Canada's Immigration Minister, Marc Miller, announced a series of changes to the country’s immigration system on Wednesday, with a focus on tackling fraud and improving border management. The new measures are expected to affect individuals, including those from India, attempting to enter Canada or the US illegally, as well as temporary residents who leave the country and immediately re-enter to renew their status.
Key changes are:
— Removal of points for Labour Market Impact Assessment (LMIA)-supported job offers in the Express Entry system.
— Ban on flagpoling, where temporary residents leave Canada and immediately re-enter at a border crossing to renew or change their immigration status.
— Authorities granted the power to cancel or amend immigration documents for public interest reasons, including cases of fraud.
Removal of LMIA-supported job offers
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Among the changes is the removal of additional points in the Express Entry programme for candidates with Labour Market Impact Assessment (LMIA)-supported job offers.
An LMIA is a report issued by Employment and Social Development Canada (ESDC) confirming that a Canadian employer is allowed to hire a foreign worker because no Canadian citizen or permanent resident is available for the job. The employer’s approval to hire an international worker is crucial for securing a valid LMIA. This assessment grants applicants extra points in the Comprehensive Ranking System (CRS), which is used to assess candidates for Express Entry.
However, the practice of buying fake LMIAs to improve CRS rankings raised concerns. "Earlier, candidates with a CRS score of around 470, 480, or 500, where the cut-off for invitations could be as high as 540, 550, or 560, were purchasing fake LMIA job offers for large sums of money, between $30,000 and $50,000. This would raise their points and improve their chances of receiving an invitation to apply,” said Ajay Sharma, an immigration expert. He added that by removing the additional 50 points given for LMIA job offers, those who relied on this method would see their CRS scores drop, making the process fairer for all applicants.
"Importantly, while the points boost for LMIA job offers is being removed, candidates in specific fields, such as STEM (Science, Technology, Engineering, and Mathematics) or healthcare, may still have an advantage in the CRS pool due to their high-demand skills. For those outside of Canada without a job offer, the change could open up more opportunities, as the CRS cut-off is expected to drop to between 450 and 500 in the next six months, making it easier for ordinary candidates to be invited to apply," Sharma said.
Flagpoling to be eliminated
In addition, Canada’s government announced plans to eliminate flagpoling, a practice where temporary residents leave the country and immediately re-enter in order to renew their status. "Flagpoling uses resources at the border and creates unnecessary delays," said Minister Miller.
“Flagpoling has been a way for people to quickly change their status, such as renewing a work or study permit, without fully going through the proper channels. This is inefficient and causes unnecessary congestion at border points,” said he.
New border control measures
Alongside these changes, Canada also released a $1.3 billion Border Plan aimed at reducing border congestion and enhancing security. This plan comes amid growing US pressure for stronger border controls, following concerns over migration and drug trafficking.
As part of the plan, Canada will gain new powers to cancel, suspend, or amend immigration documents when necessary. These powers are intended to help prevent individuals who may pose a security risk from entering the country. The Canadian government also plans to introduce measures that will impose restrictions on countries that do not cooperate in returning their citizens in cases of fraudulent entry.
“Canada is committed to protecting its immigration system and ensuring that it is both efficient and secure,” said Dominic LeBlanc, Minister of Finance and Intergovernmental Affairs.
Illegal immigration
The rise in illegal immigration, particularly among Indian nationals, has been a growing concern. Data from US Customs and Border Protection (USCBP) shows that Indian nationals now account for 22% of all encounters at the northern US-Canada border. In the 2023 financial year, 43,764 Indian nationals attempted to cross illegally into the US, a sharp increase from previous years.
“Many of these individuals are driven by the vast economic disparities between Canada, the US, and India,” said Russell A. Stamets, a Partner at Circle of Counsels. For some, the journey is about seeking a better life and improving their economic prospects. "Remember this: the lowest per capita income in the US is $48,110, in the state of Mississippi. The net national income for India is about 2.4% of that (about $1,161) and Bihar has the lowest per capita income, about $708, or around 1.5% of the poorest state in the US. There will always be people looking to better their life situation," he said.
Safe Third Country Agreement remains
Canada’s Safe Third Country Agreement (STCA) with the US remains in effect. This agreement requires asylum seekers to claim protection in the first country they enter, either Canada or the US. Those who do not meet specific exemptions will be returned to the first safe country they entered.
“We must preserve the integrity of our immigration system,” said Minister Miller. “Canada continues to offer protection to the world’s most vulnerable while maintaining a secure and fair immigration process.”