Emphasis remains on language proficiency and enhancement on points for having studied in Canada and provincial nomination; reduction of points for certain arranged employment among others. The official and complete revisions below:

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1

The Minister of Citizenship and Immigration, pursuant to section 10.3 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1.

Ottawa, October 21, 2016

John McCallum
Minister of Citizenship and Immigration

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1

Amendments

1 The definition qualifying offer of arranged employment in section 1 of the Ministerial Instructions Respecting the Express Entry System (see footnote 1) is replaced by the following:

qualifying offer of arranged employment means any offer of employment referred to in subsection 29(2). (offre d’emploi réservé admissible)

2 Sections 3 to 6 of the Instructions are replaced by the following:

Electronic system

3 (1) The Express Entry System of the Department of Citizenship and Immigration is the electronic system that is to be used by a foreign national, subject to subsection (3), to submit an expression of interest for the purpose of subsection 10.1(3) of the Act and is to be used by the Minister to process expressions of interest under section 10.2 of the Act.

Functions of electronic system

(2) In addition to the functions referred to in subsection (1), the Express Entry System is to be used

Information required

(3) When a foreign national submits an expression of interest, they must provide the Minister with all the information required to process their expression of interest, including

Expired results

(4) If, during the period when an expression of interest is in the express entry pool, the results of a language test provided for that expression of interest under paragraph (3)(a) are two or more years old, or if the results of an assessment of equivalency of educational credentials provided for that expression of interest under paragraph (3)(b) are five or more years old, the foreign national is deemed, for the purposes of paragraph 5(1)(a), to no longer be able to meet the requirements of the Regulations that are related to those results.

Expression of interest — submission by other means

(5) If a foreign national is unable to submit an expression of interest by means of the Express Entry System referred to in subsection (1) because of a physical or mental disability, it may be submitted by another means made available by the Department of Citizenship and Immigration for that purpose that would enable the foreign national to submit the expression of interest, including a paper form.

Day and time of receipt

(6) An expression of interest and any notification sent through the Express Entry System is considered to be received on the day and at the time recorded in the Express Entry System.

Express entry pool

4 (1) If a foreign national’s expression of interest demonstrates that they meet the requirements of paragraph 5(1)(a), it is to be included in the express entry pool until the earliest of

Updates to expression of interest

(2) A foreign national whose expression of interest is in the express entry pool may, at any time before receiving an invitation, update the information in their expression of interest, and the number of points assigned to the foreign national under the Comprehensive Ranking System is to be recalculated accordingly.

Eligibility criteria

5 (1) In order to be eligible to be issued an invitation, a foreign national must

Ability to meet requirements

(2) For the purpose of the issuance of an invitation, the decision as to whether a foreign national meets the requirements of paragraph (1)(a) is made on the basis of the information provided in the expression of interest.

Exception

(3) Despite paragraph (1)(b), a foreign national who is unable to register by means of an electronic system with the Job Bank because of a physical or mental disability is not required to register with that Job Bank to be eligible to be issued an invitation.

Validity period

An invitation is valid for the period of time beginning on the day after it is issued by the Minister and ending on the 90th day after that day, and any application for a permanent resident visa in response to that invitation must be made within that period.

3 Subsection 7(1) of the Instructions is replaced by the following:

Personal information

7(1) The Minister may, for the purpose of section 10.4 of the Act and in order to facilitate the registration of foreign nationals with the Job Bank referred to in paragraph 5(1)(b) and the confirmation of their registration, confirm to the Canada Employment Insurance Commission that a specific combination of an express entry profile number and a Job Seeker validation code corresponds to a valid expression of interest.

4 (1) Paragraph 8(1)(d) of the Instructions is re- placed by the following:

(2) Subparagraph 8(2)(a)(iii) of the Instructions is replaced by the following:

(3) Subparagraph 8(2)(b)(iv) of the Instructions is replaced by the following:

5 (1) Paragraph 12(2)(b) of the Instructions is replaced by the following:

(2) Subsection 12(3) of the Instructions is replaced by the following:

Two year duration

(3) When the results of a language test referred to in paragraph (2)(b) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

6 Subsection 15(3) of the Instructions is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

7 (1) Paragraph 18(2)(b) of the Instructions is replaced by the following:

(2) Section 18 of the Instructions is amended by adding the following after subsection (2):

Two year duration

(2.1) When the results of a language test referred to in paragraph (2)(b) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

8 Subsection 19(4) of the Instructions is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

9 Paragraphs 21(1)(b) to (e) of the Instructions are replaced by the following:

10 Paragraphs 22(1)(d) and (e) of the Instructions are replaced by the following:

11 Paragraphs 23(b) to (e) of the Instructions are replaced by the following:

12 (1) The portion of subsection 25(1) of the French version of the Instructions before paragraph (a) is replaced by the following:

(1) Pour l’application des articles 23 et 24, l’expérience de travail à l’étranger est l’expérience de travail qui, à la fois :

(2) Subsection 25(1) of the Instructions is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

13 The Instructions are amended by adding the following after section 27:

Additional factors

27.1 The additional factors referred to in paragraph 8(1)(d) are factors relating to

14 Sections 29 to 34 of the Instructions are replaced by the following:

Points for qualifying offer of arranged employment

29 (1) If a foreign national has a qualifying offer of arranged employment, they may be assigned points as follows:

Qualifying offer of arranged employment

(2) A qualifying offer of employment is one of the following:

Loss of offer or inability to perform duties

(3) If the offer referred to in subsection (1) is revoked or ceases to be a qualifying offer of arranged employment or if the foreign national is unable to perform the duties of the employment or is unlikely to agree to perform them, the foreign national is no longer entitled to the points assigned under subsection (1) in respect of that offer and the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Canadian educational credentials

30 (1) The points that are to be assigned for a Canadian educational credential are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) only for the eligible credential corresponding to the highest level of education for which the foreign national meets the requirements of subsection (3).

Requirements

(3) Points are only assigned under subsection (1) if, for the purpose of obtaining the credential, the foreign national

Eligible credentials

(4) For the purpose of this section, an eligible credential is one of the following:

Exceptions

(5) For the purpose of this section, the following are not eligible credentials:

Maximum points

31 The maximum number of points that may be assigned under subsections 28(1), 29(1) and 30(1), taken together, is 600 points.

32 Repealed.

33 Repealed.

34 Repealed.

Coming into Force

15 These Instructions come into force on November 19, 2016.

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About the Author

Crispin Aranda

Crispin Aranda

Crispin R. Aranda is an established International Visa Conselor and Immigrant Advocate. He is the president of IVC and is in several migration radio programs.


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