Dentons US LLP

12/23/2024 | News release | Distributed by Public on 12/23/2024 16:31

Immigration updates from Immigration, Refugees and Citizenship Canada

December 23, 2024

On December 17, 2024, the Government of Canada announced Canada's Border Plan as part of its measures to strengthen border security and Canada's immigration system.

The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, outlined the following changes to Canada's immigration programs:

  1. Elimination of flagpoling: Flagpoling is a term used when an individual leaves Canada and immediately returns to a port of entry (for example, by briefly entering the US) to receive immigration services, such as applying for work permits and completing the permanent residence landing process. In May 2024, the government introduced limited hours for flagpoling services at the ports of entry and, in June, eliminated flagpoling services for Post-Graduation Work Permit applicants. In a bid to reduce the strain on resources at the ports of entry, the Canadian Government announced on December 17, 2024, that the practice of flagpoling would be coming to an end, though an effective date has not yet been specified. Regulatory changes have been made granting the Immigration Minister authority to determine which immigration services may be provided at the ports of entry, and we anticipate further details regarding this to be released in the coming weeks.
  2. Removal of points for Labour Market Impact Assessment (LMIA)-based job offers from the Express Entry system: Additional points for LMIA-based job offers (50 or 200 points depending on the occupation type and TEER levels) will no longer be awarded under the Express Entry system. This announcement was made quietly during the December 17, 2024, press conference where the Minister outlined measures to strengthen border security and combat immigration fraud stating that the elimination of points for LMIAs in Express Entry would "reinforce program integrity and reduce potential LMIA fraud." Although a few news outlets have reported this announcement, there is yet to be any official publication from the government regarding the changes and the timeline for implementation.
  3. Greater control over immigration documents: As part of its 2024 Fall Economic Statement, the Canadian Government proposed to amend the Immigration and Refugee Protection Act to allow for greater control over its immigration documents in the interest of protecting Canadians and public resources. This will involve securing and extending new authorities to cancel, change or suspend immigration documents, as well as to cancel, suspend or stop accepting new applications, where public interest may be at risk, including cases of fraud or security concerns.

Potential impact

These are significant changes that will impact applicant eligibility, application processing and employers' ability to bring in foreign workers. At this time, no further guidance has been provided by the Canadian Government. However we anticipate further details to be released in the coming weeks.

For further information, please visit The Government of Canada's Border Plan: significant investments to strengthen border security and our immigration system - Canada.ca, or reach out to the authors, Helen Park, Denise Alba or Rachel Akinyemi.