What are the key aspects of the Express Entry program under Canadian Immigration Law?

Search this article on Google: What are the key aspects of the Express Entry program under Canadian Immigration Law?

Title: Key Aspects of Express Entry Program under Canadian Immigration Law: A Deep Dive by LexLords Canada Immigration Lawyers

The Express Entry program, introduced in January 2015, is arguably one of the most significant amendments under the Canadian Immigration Law. Created to facilitate economic immigration, it streamlined the entry of eligible applicants seeking permanent residency. This program is a testament to Canada’s commitment towards growth, diversity and global outreach.

In essence, the Express Entry program is a system that ranks and selects individuals based on their skills, qualifications and relevance to the Canadian economy. Those who secure top rankings are then invited to apply for permanent residence. The primary objective of this program is to boost economic growth by bringing in skilled immigrants. At LexLords Canada Immigration Lawyers, we understand that navigating these requirements can be complex. Therefore, we hope to simplify this process by sharing our insights gleaned from years of experience.

1. Comprehensive Ranking System (CRS):

The CRS is the cornerstone of the Express Entry program. It assigns points to candidates based on criteria such as age, education, language proficiency in English or French and work experience (both in Canada and internationally). The maximum possible score is 1,200 points, but achieving this requires considerable professional experience and high language proficiency levels.

2. Application Pool and Draws:

Candidates who meet eligibility criteria enter the Express Entry pool where they are ranked using the CRS. The Canadian government periodically holds “draws” to invite the highest-ranking candidates to apply for permanent residency.

3. Program-Specific Entry Streams:

The Express Entry system applies to three economic immigration programs: the Federal Skilled Worker Program (FSWP), Federal Skilled Trades Program (FSTP), and Canadian Experience Class (CEC). Each of these has distinct eligibility requirements and CRS scoring metrics.

Case Law – Kanthasamy v. Canada (2015)

In this case, the Supreme Court interpreted the humanitarian and compassionate grounds provision in the Immigration and Refugee Protection Act – which indirectly impacts Express Entry applicants. The Court held that officers must consider all factors concerning the applicant, including those not directly related to the immigration process.

Case Law – Harkat v. Canada (2008)

In Harkat v. Canada, the constitutionality of a security certificate under the Immigration and Refugee Protection Act was challenged. Although it doesn’t directly concern the Express Entry program, this case underscores the government’s powers regarding immigration and national security, setting a precedent for cases involving non-citizens.

4. Provincial Nominee Program (PNP):

Provincial Nominee Programs are another key aspect of the Express Entry system. They allow provinces or territories to nominate individuals who wish to live in that province. This nomination can significantly boost a candidate’s overall CRS score and likelihood of receiving an Invitation to Apply (ITA).

5. Immigration, Refugees and Citizenship Canada:

Finally, it is important to note that Immigration, Refugees, and Citizenship Canada (IRCC) oversee the entire Express Entry program application process. This federal department is responsible for issuing ITAs, handling applications for permanent residency and making final decisions on immigration applications.

The Express Entry program, though complex, is a cornerstone of Canadian immigration policy. It offers a robust yet adaptive system that caters to Canada’s evolving economic needs while upholding principles of fairness and diversity.

As experts in this field, our team at LexLords Canada Immigration Lawyers will help navigate this intricate system, ensuring an understanding of all aspects involved. The intricacies of Canadian law may be intimidating, but with expert guidance, it can become a stepping-stone to a promising future in Canada.