The Canadian government has announced the removal of additional points for temporary foreign workers with LMIA-backed jobs, aiming to reduce fraud and increase fairness in immigration.
Canada to Remove LMIA-Related Points for Permanent Residence
In a significant move to combat fraud in Canada’s immigration system, the federal government has announced that temporary foreign workers will no longer receive additional points for Labour Market Impact Assessment (LMIA)-supported jobs when applying for permanent residence. This policy change follows an investigative report that uncovered a widespread underground market where LMIA-backed job offers were sold for up to $45,000.
Minister of Immigration, Refugees, and Citizenship Marc Miller revealed on Tuesday that applicants to the Express Entry program would no longer benefit from 50 or 200 additional points for LMIA-supported positions. This shift is designed to eliminate the incentive to buy or sell LMIAs, which the government has identified as a growing issue in the immigration process.
What Are Labour Market Impact Assessments (LMIAs)?
LMIAs are government-issued documents that allow employers to hire temporary foreign workers if they cannot find a Canadian or permanent resident to fill a position. Since their introduction in 2014, these assessments have not only enabled workers to work legally in Canada but also provided an immigration benefit by adding extra points to their Comprehensive Ranking System (CRS) score, a critical factor in gaining permanent residence.
Why Is the Government Removing LMIA Points?
The decision to remove the LMIA-related points stems from investigations that revealed illegal practices within the immigration system. An undercover investigation by CBC News and the Investigative Journalism Foundation (IJF) found that many temporary foreign workers were purchasing LMIA job offers, some even for jobs that did not exist. The practice involved selling fraudulent LMIAs, with workers paying substantial amounts for these documents, often without any actual employment attached.
Minister Miller emphasized that this policy change is part of Canada’s effort to improve fairness and integrity within the immigration system. By removing this incentive, the government hopes to reduce exploitation and curb fraudulent practices, which have tarnished the LMIA process.
Impact on Foreign Workers
The move has garnered mixed reactions. Calgary immigration lawyer Jatin Shory described the change as “drastic but expected.” While he acknowledged the need to curb fraud, Shory pointed out that many law-abiding foreign workers who were genuinely seeking permanent residence may be negatively impacted by the policy shift.
On the other hand, advocacy groups have expressed support for the change. The Naujawan Support Network, a youth migrant advocacy group, celebrated the policy shift, viewing it as a victory for fairness in the immigration process and a step toward reducing the exploitation of migrant workers.
What Does This Mean for Future Applicants?
With the removal of LMIA-related points, applicants seeking permanent residence through Express Entry will no longer be able to use LMIA-backed job offers as a significant boost to their CRS score. This may alter the strategies of foreign workers aiming to gain permanent status, especially those who were counting on the additional points.
The Canadian government has also moved to address some broader concerns, such as the dependency of foreign workers on their employers. Critics have long argued that the closed work permits associated with LMIAs can lead to worker exploitation, making it harder for workers to stand up for their rights or seek alternative employment. Calls for reforming or even abolishing the LMIA system have been growing, with some advocates pushing for permanent residency upon arrival for workers, which would eliminate the vulnerability created by temporary work permits.
Ongoing Efforts to Prevent Exploitation
While the LMIA policy change is a step in the right direction, critics, including John No, interim director at Parkdale Community Legal Services in Toronto, argue that exploitation in the temporary foreign worker program will continue as long as workers are dependent on their employers for work permits. No advocates for broader changes, including granting permanent residence on arrival to newcomers, offering them immediate stability and protection from exploitation.
In light of these developments, Canada’s immigration system is likely to continue evolving, with further changes expected to address ongoing challenges related to fraud, worker rights, and immigration fairness.
The Road Ahead for Canada’s Immigration Policy
The Canadian government has made several efforts in recent years to slow immigration and curb temporary foreign worker exploitation. The refusal to process LMIAs for low-wage jobs in certain high-unemployment regions and the focus on industries with significant labor shortages are part of these broader changes.
As Canada navigates these shifts, prospective immigrants will need to stay informed about evolving policies, particularly in relation to the Express Entry system and LMIA-supported jobs, which have now lost their previous advantage.
Canada’s decision to eliminate LMIA-related points for permanent residency marks a significant change in immigration policy, aiming to increase fairness and reduce fraud. While the shift may create challenges for some foreign workers, it is a necessary step in improving the integrity of Canada’s immigration system. By focusing on reducing fraudulent activities and ensuring that workers are not exploited, Canada is working to create a more transparent and equitable immigration process.
