Immigration Lawyers Helping Your Express Entry into Canada
Our immigration lawyers guide clients to permanent residence through the federal Express Entry program. We know what the decision-makers are looking for in your application and we ensure you don’t commit mistakes that can lead to delays and rejections. Allow us to maximize your chances and smooth your path towards permanent residence and citizenship.
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We focus exclusively on the rapidly changing world of immigration law. Specialization brings insight and expertise.
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We believe that a lawyer is first and foremost an advocate. We see the big picture and know how to get results.
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Express Entry Services and Support
Permanent residency through the Express Entry program is the go-to pathway to Canadian immigration for skilled workers. If you’re eligible for Express Entry, Immigration, Refugees and Citizenship Canada (IRCC) will:
- place you in a pool with others who are also eligible
- give you a score and rank you using several factors
- invite you to apply to be a permanent resident of Canada (if you meet the CRS cut-off point).
Completing an online Express Entry profile is often the final step in a journey that requires careful planning. Much is on the line and this step requires proper attention.
We facilitate Express Entry by making sure you don’t commit mistakes that can lead to delays and rejections.
Book a consultation with us to maximize your chances and smooth your path towards permanent residence and citizenship.
Currently, an applicant has 90 days to submit a permanent residence application after being invited to apply. It is therefore important to ensure that all of the relevant documents are received in a timely manner. On average it takes around six months for Express Entry based permanent residence applications to be processed.
Completing an Express Entry profile is often the last step of a process that starts with a temporary resident visa application, and it is important to ensure that no mistakes are made, as Canadian permanent residence is on the line. It is therefore very important to ensure that both the Express Entry profile as well as the subsequent permanent residence application are prepared correctly.
The process is very technical, and the slightest issues can lead to a rejection, or in the worst case a misrepresentation finding. Given the fact that CRS scores vary, and point allocations change with age as well employment status, an initial rejection may be costly.
The Federal Skilled Worker (FSW) program ranks individuals based on their skills, with minimum requirements for skilled work experience, language ability, and education.
The Federal Skilled Worker stream requirements are as follows:
- Work experience: at least 12 months of continuous full time (or part-time equivalent) skilled work experience in the NOC 0, A, or B job groups
- Language proficiency: a minimum of CLB 7 in all abilities (speaking, reading, writing, and listening)
- Education: a Canadian certificate, diploma, or degree from a Canadian secondary or post-secondary institution, OR an Educational Credential Assessment (ECA) from a designated organization showing that the foreign education is equivalent
- Financial Support: the applicant has enough money for themselves and their family to settle in Canada
- Residence in Canada: intend to live outside the Province of Quebec
The FSW program has their own points-based system, ranking individuals on their age, education, work experience, whether there is a valid job offer, their English and/ or French language skills, and their adaptability. The current pass mark is 67 points out of 100.
The Canadian Experience Class (CEC) is designed for individuals who have at least 1 year of Canadian work experience within a NOC 0, A, or B group.
The program requirements are as follows:
- Work experience: at least 1 year of skilled work experience (NOC 0, A, or B) in Canada in the last 3 years before application
- Language proficiency: a minimum of CLB 7 in all abilities for NOC 0 or A jobs, and a minimum of CLB 5 for NOC B groups
- Education: no education requirement, but a Canadian diploma or degree, or an ECA will grant the applicant additional points
- Financial Support: the applicant has enough money for themselves and their family to settle in Canada
- Residence in Canada: intend to live outside the Province of Quebec
It is important to understand and calculate your work experience accurately, as mistakes can be detrimental and result in denial or misrepresentation.
The IRCC calculates work experience the following ways:
- Full-time at 1 job: 30 hours/week for 12 months = 1 year full-time (1,560 hours)
- Part-time equivalent: 15 hours/week for 24 months = 1 year full-time (1,560 hours)
- You can work as many part time jobs as required
- Full-time at 1+ jobs: 30 hours/week for 12 months at more than 1 job = 1 year full-time (1,560 hours)
- Work experience in Canada is gained while under temporary resident status, and with proper work authorization
However, the following work experiences do not qualify under the CEC program:
- Experience gained while a refugee claimant;
- Experience gained while without proper work authorization;
- Experience gained while without temporary resident status in Canada;
- Experience gained while in school; and
- Experience gained under self-employment.
In our IRCC’s view the self-employment restriction is outdated and does not correspond to current labour market dynamics. This restriction sometimes leads to procedural fairness letters being issued during the course of the assessment of the permanent residence application, for individuals who own the companies they work for. When you hire our law firm, we address such issues preemptively and are willing to challenge any unreasonable restrictions in Federal Court, fighting for our client’s case, as well as the integrity of the system as a whole.
It is important to note that outside of the above described self-employment restriction as well as the waiver of the settlement funds requirement under CEC, receiving an ITA under either program leads to the same result - namely Canadian permanent residence.
The Federal Skilled Trades (FST) program requires skilled trades workers to have at least 2 years of full-time work experience (or part-time equivalent) within the past 5 years of the application. The experience must be obtained after the applicant was granted their certificate to practice trade in their country of residence. A full list of the skilled trades groups under the FST program can be found here.
The program requirements are as follows:
- Work experience: at least 2 years of full-time work experience (or part-time equivalent) in the skilled trade within the last 5 years before application
- Language proficiency: a minimum of CLB 5 in speaking and listening, and CLB 4 in reading and writing
- Education: no education requirement, but a Canadian diploma or degree, or an ECA will grant the applicant additional points
- Financial Support: the applicant has enough money for themselves and their family to settle in Canada
- Residence in Canada: intend to live outside the Province of Quebec
FST draws are separate from the regular EE draws and have much lower cut off points. The draws are infrequent and we often devise an alternative PNP based plan for individuals in the skilled trade.
The Provincial Nominee Program (PNP) allows provinces to select and nominate immigrants in accordance with the particular province’s economic needs. Some provincial nomination streams are linked and processed through Express Entry.
There are two-ways to apply for PNP via Express Entry:
- The foreign national contacts the province or territory of interest directly and applies for a nomination under an express entry stream. If the province or territory agrees to issue a nomination, the foreign national can create their express entry profile and state that they have been nominated; or
- The foreign national creates an express entry profile and checks off which provinces and/or territories they are interested in. A province and/or territory that deems the foreign national to meet their criteria may send a “notification of interest” to their account, in which case the applicant will need to contact them directly and proceed to apply to their express entry stream.
In both cases:
- You must meet the eligibility requirements of the province or territory; and
- You must submit an Express Entry profile and show that you meet the minimum criteria for Express Entry, including being eligible for one of the immigration programs it covers.
Upon receipt of an ITA, the foreign national will submit their application for permanent residence to IRCC.
It is important to note that the current CRS points system heavily favours younger applicants. For example, a 29 year old applicant with a bachelor and masters, three years of foreign work experience, and Canadian Language Benchmark (CLB) level 7 or higher will score a CRS in the 470 range which under normal conditions will lead to an invitation to apply being issued within six months of the profile being submitted. As such they are likely going to receive an invitation to apply without arranged employment or Canadian work experience.
The same candidate at the age of 40 is going to receive a score in the 404 range, which means that he may still be selected by a province but is unlikely to obtain an invitation to apply without arranged employment and/or Canadian work experience.
Another important factor to consider is language testing. A single 40 year old applicant with a foreign bachelor degree, three years of foreign work experience, two years of Canadian work experience as well as arranged employment, will receive a CRS score of 385 based on CLB level 6 and 509 based on CLB level 9 or above.
Language scores can be improved and some of our clients have used IELTS specific language tutors to get a higher CRS score.
Submitting an application for Canadian permanent residence is typically the final step on a journey that began with an initial immigration consultation. Book one today to discuss your options.
