What are the key aspects of the Canadian Express Entry system under the Immigration and Refugee Protection Act?

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Title: Dissecting the Canadian Express Entry System under the Immigration and Refugee Protection Act

Introduction

The Canadian Express Entry system is a key pillar of the immigration policy in Canada, established under the Immigration and Refugee Protection Act (IRPA). Designed to expedite the process of skilled workers seeking to become permanent residents, it has significantly changed the face of immigration in Canada. In this article, experts at LexLords Canada Immigration Lawyers will shed light on various aspects of the Express Entry system, navigating complex legal issues in order to provide an understandabl overview.

Express Entry: A Brief Overview

Launched in 2015, the Express Entry system is an online platform that conducts a comprehensive evaluation of potential immigrants based on their skills, work experience, language abilities and other factors that facilitate their economic integration into Canadian society. It operates under three main economic immigration programs:

1. Federal Skilled Worker Program

2. Federal Skilled Trades Program

3. Canadian Experience Class

Key Aspects of the Express Entry System

1. Point-Based System: The system operates on a points-based Comprehensive Ranking System (CRS). Applicants are awarded points based on various factors including age, language skills, education, and work experience. (IRPA 12(2))

2. Invitation to Apply: Based on regular draws from the Express Entry pool, candidates with the highest CRS scores are invited to apply for permanent residency.

3. Job Offer Not Mandatory: Unlike other countries’ immigration policies, in Canada’s Express Entry system, a job offer is not an absolute requirement, though it can improve a candidate’s CRS score.

Case Law Related to Express Entry

1. Komolafe vs. Canada (Citizenship and Immigration), 2016 FC 939: This case demonstrates that conducting oneself honestly is crucial during the application process. The applicant was found inadmissible for misrepresentation when she failed to disclose a refused application from another country in her Express Entry application.

2. Song v. Canada, 2018 FC 837: This case addressed the issue of the validity of language tests in the Express Entry system. While the court recognized that the IELTS is not perfect, it was deemed to be an accurate and adequate measure of English language proficiency to effectively function in Canadian society.

3. Muhammad Shahid vs. Minister of Citizenship and Immigration, 2020 FC 155: This case underscores the importance of maintaining up-to-date data in the application. The applicant’s ITA was cancelled because he failed to update changes in his work experience which impacted his CRS scores.

Conclusion

The Canadian Express Entry system is a complex, yet efficient and effective system that helps skilled workers immigrate to Canada. Understanding its aspects, from the CRS to case laws, is crucial for successful immigration applications. It is highly recommended to consult with experienced immigration lawyers, like those at LexLords Canada Immigration Lawyers, to navigate through these complexities.

Remember, while the law can be labyrinthine and complicated, accurate interpretation and application can ensure that it serves as a bridge rather than a barrier on your journey towards achieving the Canadian dream.