completed post-secondary education outside of Canada;
■■ The completion of an ECA provides for a considerable increase
to the CRS point total;
■■ The spouse of the principal applicant may also obtain an
ECA for foreign education credentials, which will increase the
overall CRS points.
COMPLETING OR IMPROVING LANGUAGE EXAMS
■■ If an applicant re-takes a language exam and improves his or
her score, then a significant number of points may be added to
the CRS total;
■■ The spouse of the principal applicant may undertake a
voluntary language exam which, if passed, will result in
additional CRS points;
■■ Additional points can also be obtained by completing a
language exam in a second official language (French or
English).
3. CONSIDER A LABOUR MARKET IMPACT
ASSESSMENT
If a foreign worker is deemed a critical resource and lacks sufficient
CRS points to obtain an ITA, employers may consider obtaining a
labour market impact assessment (LMIA). This will ensure a continued
ability to work in Canada. In addition, once the LMIA is
obtained, foreign workers can expect to receive an ITA in the next
draw from the Express Entry pool.
4. PLAN AHEAD FOR AN INVITATION TO APPLY
Once an ITA is received, a complete application must be submitted
within 60 days. In anticipation of an ITA, foreign nationals
may consider the following:
■■ Those with a substantial CRS score should consider obtaining
police clearance certificates (PCC) for each country where they
have lived for six or more consecutive months since the age of
18. These documents may be difficult to obtain and if all PCCs
are not obtained by the 60-day filing deadline, then it may
delay or in some cases result in the refusal of the application;
■■ Birth certificates and marriage certificates should be obtained
at the outset of the process. This is especially important for
foreign workers from countries where these documents may
not be readily available;
■■ Passports expiring in the near future should be renewed in order
to avoid any potential issues during the application process;
■■ Employment confirmation letters from previous employers
should be obtained for all prior relevant work experience.
These letters should be detailed and obtained in advance to
mitigate against any potential delay;
■■ Medical exams may be obtained in advance – although these
are typically valid for a period of one year. Depending on the
location of the foreign national at the time of the request, it
may be difficult to schedule with a panel physician.
5. ENSURE FOREIGN NATIONALS MAINTAIN
TEMPORARY WORK AUTHORIZATION
CIC has indicated that approximately 80 per cent of complete
Permanent Residence applications submitted under Express
Entry are expected to be finalized within six months. Once an ITA
is received and a complete application is submitted, a completeness
check confirmation is expected to be issued by CIC. The completeness
check confirmation can then be leveraged to support the filing
of a Bridging Open Work Permit (BOWP) application. However,
there are currently significant delays in the issuance of the completeness
check confirmation. As a result, employers must have a
viable strategy in place to maintain Canadian work authorization,
independent of a BOWP. Strategies to consider may include:
■■ Commencing the Permanent Residence process as soon as
the temporary foreign worker becomes eligible. (Initial work
permits may be issued for up to a three-year duration);
■■ Extending the current work authorization under an LMIA
exempt category where applicable;
■■ Filing for an LMIA for critical resources well in advance of
expiry of work authorization.
CONCLUSION
The Express Entry is a system by which Permanent Residence
may be granted in a short period of time. However, in order to
successfully use the complex system, HR professionals and foreign
nationals must take a proactive approach to increase the
likelihood of obtaining an ITA and meeting strict deadlines.
Taking a strategic approach will assist HR professionals in
transitioning their temporary foreign workforce to Permanent
Residence. n
Howard Greenberg is national practice leader – Immigration at
KPMG Law.
immigration
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54 ❚ OCTOBER 2015 ❚ HR PROFESSIONAL