✨ No LMIA points, No Flag pole ✨

 

This is the latest immigration news. It was revealed yesterday in a surprise TV press conference. There are several key points, but two stand out in particular.

First, there was an announcement to eliminate the 50 or 200 points currently awarded under the Express Entry (EE) CRS system for PR support through LMIA. However, Immigration, Refugees and Citizenship Canada (IRCC) has not yet officially updated or announced this change, so we don’t know when or how it will be implemented.

There are various possibilities. The CRS points for what is commonly referred to as “LMIA points” are part of the Arranged Employment category, which is broken down into several cases:

1 When a job offer is received through an LMIA.

2 When someone is working under an LMIA-based work permit.

3 When someone is exempt from an LMIA but has been working for more than a year on a closed work permit.

It is unclear whether the removal of points applies to all three cases, just the first case, or the first and second cases. We will need to wait for an update from IRCC to clarify this.

Second, the announcement included the elimination of “flagpoling.”
Flagpoling refers to the process where someone drives to the U.S. border, undergoes entry processing into the U.S. but immediately returns to the Canadian border to apply for a work permit or study permit. This is often called "flagpoling" because it involves just turning around at the U.S. border without fully entering the country.

This also leaves room for various interpretations.
For example, if someone living in the U.S. receives a job offer in Canada and decides to enter Canada via a land border, this process does not legally constitute flagpoling. However, if immigration procedures are no longer conducted at the border, will such individuals be forced to fly into Canada and apply at an airport?

Similarly, for individuals who have spent three or four days traveling in the U.S. and then return to Canada to process their application, the question remains whether this would also be affected.

As for GS, one of our clients visited the border today. While they were not immediately interviewed, they were able to schedule an appointment to return next week. This suggests that, despite yesterday’s announcement, border work permit applications are still being processed as of now.

The constant stream of new updates is undoubtedly confusing. In such times, it’s crucial to analyze the situation clearly and make rational decisions. GS remains committed to providing clear, accurate guidance and consulting based on the most reliable information.

GS Consulting is committed to providing more systematic and professional total solutions. ☎️

 

⚡One & Only Consulting, GS Consulting⚡

 

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