Breaking Immigration News

17 December 2024

Today, the Immigration Minister announced significant policy changes that are expected to have wide-reaching implications for immigration in Canada.

1. Cancellation of Flagpoling
The first major announcement is the cancellation of the practice of “flagpoling,” a process used by foreign nationals in Canada to renew, extend, or apply for certain new visas by briefly crossing the U.S. border and immediately returning to Canada. The Minister described this practice as an “irritant” to the U.S., claiming it creates needless work for CBP officers and allows foreign nationals to bypass the regular processing queues for in-Canada applications.

In reality, the widespread reliance on flagpoling stems from the excessive delays in processing in-land applications. These delays often place applicants in difficult situations, as traveling outside Canada during the application process typically results in the application being deemed “abandoned” or “cut.” Individuals facing urgent business or personal travel often resort to flagpoling to renew their visas and maintain the ability to exit and re-enter Canada without jeopardizing their status.

2. Removal of Extra CRS Points for LMIA Holders
The second announcement is the sudden cancellation of extra Comprehensive Ranking System (CRS) points for individuals with a Labour Market Impact Assessment (LMIA) letter under the Express Entry system. Previously, such letters provided an additional 50 or 200 CRS points, significantly boosting an applicant’s immigration profile.

The Minister justified this change as a measure to combat LMIA fraud, where individuals pay companies to obtain LMIA letters with no intention of actually working for the employer, solely to increase their CRS score.

While LMIA fraud is indeed a serious problem, fuelled mostly by corrupt and unscrupulous immigration consultants, and while this change will no doubt reduce LMIA-related fraud, it undermines the original purpose of awarding those points: recognizing LMIA holders as strong economic candidates with demonstrated employment stability and income potential in Canada. By removing this points advantage, the government risks excluding some of the most promising candidates from securing sufficient points to obtain permanent residence. This decision, while addressing fraud concerns, is a poorly thought-out policy that sacrifices long-term economic benefits for short-term optics.

The elimination of LMIA CRS points would make sense if the Minister, at the same time, introduces a new, direct immigration pathway for individuals who complete 12 months of full-time work in Canada (or 24 months) that sits entirely outside the CRS points system. We have advocated for the removal of the Canadian Experience Class from the CRS point system, since individuals who are established in Canada with gainful employment lasting 12 months or more are ideal future immigrants.

As of this writing, however, the Minister has only announced the removal of the LMIA booster points under the CRS system, which will make it more difficult for deserving individuals to obtain their permanent residence status.

UPATE 23 December 2024: IRCC published an news release stating that the elimination of additional points will come into effect in the spring of 2025, exact date unknown. The news release seems to imply that the additional points awarded for non-LMIA work permits, such as intra-company work permits, will also be eliminated (although the latter is yet to be confirmed).

3. Broad Powers to Cancel Applications and Documents
Finally, the Minister announced the introduction of new legislation granting the government sweeping authority to cancel any document, including visas and in-process applications, under the vague justification of “public interest.”

This policy raises serious concerns about procedural fairness, as it effectively allows the government to arbitrarily void legitimate applications without explanation. Applicants could find themselves disadvantaged not due to their own actions but as a result of IRCC’s inefficiency in managing application volumes or responding to processing backlogs.

A Troubling Policy Direction
While it is clear that IRCC aims to adapt its policies to align with the priorities of the incoming Trump administration, today’s announcements reveal a lack of nuanced understanding of what is beneficial for Canada’s immigration system. The flagpoling cancellation, introduced primarily to appease U.S. Customs and Border Protection (CBP), is understandable in context. However, the removal of LMIA CRS points and the new legislation for arbitrary application cancellations reflect poorly conceived measures that will likely harm Canada’s immigration objectives.

Minister Marc Miller and his policy advisors appear to lack the insight necessary to balance fraud prevention with fostering a fair and efficient immigration system that attracts strong economic candidates. This is another step back for Canada.