Categories: Express Entry

Can An Employer Who Currently Employs a Temporary Foreign Worker (TFW) Use Express Entry?

Temporary Foreign Worker & Express Entry

Yes, they can but  temporary foreign worker (TFW) has to be in Canada and working here under a positive Labour Market Impact Assessment (LMIA). If they are working under LMIA then an employer can offer an employee a permanent job to back up his/her application for permanent residence. The TFW still have to fill online application for Express Entry for permanent residence and have to mention their job offer information.

Once the candidate has a valid job offer and it is supported by LMIA, it will give candidate enough additional points which provide them invitation to apply for next draw of candidates.

If an employer wants to hire a TFW for a permanent job position, he has to meet the certain requirements first. Firstly, employer has to find Canadian or permanent resident to fill that job position. The employer has to post that job ad on employment and Social Development Canada’s (ESDC) and as well as on Job Bank. After all his or her effort if an employer cannot find anyone who meets the job requirements then he can consider TFW and offer them permanent job offer. An employer still has to meet LMIA requirements.

If candidate does not have LMIA, candidate can obtain LMIA through Service Canada. The candidate then has to fill out online application for Express Entry and create profile. In addition, a candidate has to be meet minimum requirements of immigration. When candidates enter his or her job offer information, will get enough additional points and be ranked high enough to be invited to apply at the next eligible draw of candidates.

Can Express Entry candidates come to Canada and start working before they get their permanent residence visa?

Well it is depends that whether candidate is living inside the Canada and working as a temporary worker or not. But generally candidates are not allowed to work in Canada until they obtain their permanent resident visa.

If employer wants to candidate to work before he or she obtains permanent resident visa then employer can apply for a dual intent Labour Market Impact Assessment. Usually employer does not have to pay LMIA processing fee but in this case employer has to pay LMIA processing fee. According to dual intent LMIA, the candidate is coming to Canada as temporary foreign worker to work temporarily in Canada in the beginning. The candidate is only working as TFW while his/her permanent residence application is being processed and he/she gets final decision.

The candidate has to apply for work permit in this situation, candidate will not automatically receive temporary work permit once he/she has job offer for an Express Entry application.

Will candidates with job offers be given priority?

The benefit of a job offer is that the candidates who have valid job offers will obtain significant additional points to be invited to apply at the next draw of candidates. The candidates who have job offer or provincial nomination from any province or territory do not need to register with Job Bank.

Labour Market Impact Assessments

Where can I find more information on Labour Market Impact Assessments (LMIAs)?

The candidates can find more information about Labour Market Impact Assessment process on the website online.

Will an employer need a Labour Market Impact Assessment (LMIA) to hire an Express Entry candidate?

Most of the time an employer needs an LMIA from ESDC but an employer can use current LMIA to hire his/her temporary foreign national worker permanently.

Job Bank

How is Job Bank being modernized?

To provide more benefits to employers and candidates the Employment and Social Canada (ESDC) has just updated job Bank which leads to:

  • The online users have better experience with modernized Job Bank.
  • To upgrades site’s security features to match industry standards
  • Also modernized the labour market information which is very helpful to candidates to choose better and right career.

This modernized Job Bank is also beneficial to employers. It provides more information about human resources management services and job match. It also help employer to find a Canadian or permanent resident to fill job position and if an employer cannot find an appropriate employee for that particular job position that he or she can find a candidate from Express Entry pool. Job match which is possible through job Bank and it is a good example how Canadian government connect Canadian employers with foreign national skilled workers.

How does Job Bank work with Express Entry?

The Job Bank and Express Entry is connect the employers and foreign nationals. Before Canadian employer choose any foreign national to fill available position an employer has to put effort to find Canadian or permanent resident to fill that position.

Usually if an employer wants to hire a candidate from pool, an employer has to register with Employment and Social Development Canada’s (ESDC) and post their employment ad for at least 30 days. If an employer does not find any Canadian or permanent resident then an employer can extend his search and include foreign national workers as well. When an employer find qualified skilled foreign national worker, employer has to apply LMIA to hire a foreign national worker.

ESDC process all application for LMIA and employer need a positive LMIA in order to hire a foreign national for job under Express Entry.

Once employer finds a qualified candidate, employer has to go through the proper assessment process and interview. After all the required process if employer satisfied with candidate then he or she can hire foreign national and provide them job offer letter for their Express Entry profile. So a candidate can get invitation to apply (ITA) as quickly as possible for permanent residence for next eligible draw.

Express Entry applicant can match their skills with posting job through job bank and can choose best career for themselves.

How does an employer in Canada get matched with Express Entry candidates in Job Bank?

From 2015, Job Bank is going to make matches between Express Entry candidates and Canadian employers but there is a condition for this. This is only possible if an employer has already posted a job advertisement to Canadians for at least 30 days or more.

Employer will have to continue look for Canadian or permanent resident while his or her job is advertised on job bank. The match will be made on the base of employer job description and candidate’s skills, knowledge and experience.

Are Express Entry candidate profiles in Job Bank matched to more than one employer?

From 2015, job match for Express Entry applicant can be match more than one employer, if skills of candidate matched with more than one employer. This could be possible for any job.

Employer Liaison Network

What is the employer Liaison Network?

The employer Liaison Network (ELN) is kind of updated information source. Through ELN an employer can follow up Express Entry system. The employer can obtain latest and important information about permanent economic immigration programs and policies associated to Express Entry.

The purpose of ELN is that to enhance the employer knowledge and provide the matches between Canadian employer and skilled workers. The ELN does not deal with temporary resident like work permit, it is only focus on permanent resident.

When will Employer Liaison Network (ELN) launch, and where can employers access or meet with ELN staff?

It is expected to be in place in early 2015. More information will be providing on website later in 2014.

Will there be any cost for employers to use the Employer Liaison Network (ELN)?

No, it is free of cost. It is only provide information to employer about Express Entry system and help employer to find candidates and select for permanent residents.

Potential immigrants

How will I use the Express Entry system?

Firstly, candidate has to fill out online application form which shows an interest of candidate in immigrating. By filling application and creating profile provide information about candidate skills, work experience, language ability, education, and any other important detail which shows candidate success in Canada.

If candidate successfully meet the requirements of Express Entry, then candidate will enter Express Entry pool of candidates.

If candidate does not have job offer from Canadian employer or nomination from province or territory then candidate need an account with Job Bank.

Once candidate create an account with Job Bank then he or she has an opportunity to view posted jobs on Job Bank. It is very important for candidates to promote themselves to prospective employers.

To qualify for the express entry pool, a candidate has to meet the criteria of the federal economic immigration programs:

  • Federal Skilled Worker Program
  • Federal Skilled Trades Program
  • Canadian Experience Class

All provinces and territories are also able to choose candidates from the Express Entry pool through their Provincial Nominee Program (PNP) to fulfil their local labour market requirements.

Every candidate in a pool will obtain score according to Comprehensive Ranking System (CRS). The score candidates obtain on the base of the information they provided in their Express Entry Profile. The candidates score will be changing frequently as other candidates will be added or removed from the Express Entry pool. The candidates score ranking is subject to other score of other candidates in the pool.

The candidates, who have highest score, will obtain invitation to apply (ITA). The candidates can obtain points by a job offer, a provincial or territorial nomination, and on skills and experience factors that proves candidate success in Canada.

Once candidate receive an ITA, he or she has 60 days to submit online application for permanent residence in one of the immigration programs. The candidate ITA will state that for which program candidate eligible to apply for.

If applicants submitted complete application with all supporting documents, Citizenship and Immigration will process their application within six months or sometimes less than six months.

How will the Express Entry system benefit potential candidates?

Express Entry offers a lot of benefits to potential candidates and those are:

First benefit is that it is faster, the application process time only six months from the day CIC get complete application for permanent residence to a final decision. But application has to be completed and submitted with all the supported documents.

The second benefit is that Express Entry is easy way to obtain job offer from potential employer before come to Canada. The government of Canada created a Job Bank that connects Canadian employers and skilled foreign national worker with each other’s.

No, you do not need to hire an immigration consultant or lawyer for Express Entry system, and other immigration programs, to fill out online Express Entry profile, to complete an application for permanent residence.

I am currently waiting for my application for permanent residence to be processed in the Federal Skilled Worker Program. Can I submit an Express Entry Profile?

You can submit a new Express Entry profile. But if candidates submitted his or her application before Express Entry then their application will be processed with rule at the time of application. There is no fee refund.

If candidate wants to apply under Express Entry, has to fill out new application form for permanent residence and pay fee for this new application.

Express Entry Profile

Is there a fee to submit an Express Entry profile?

No, there is no fee for submitting an Express Entry profile. If candidates give language test, get done his or her Educational Credential Assessment (if candidate wants to be qualify for the Federal Skilled worker Program) then they to pay fee to that party or organization.

Once candidate receive invitation to apply (ITA) for permanent residence application, then candidate has to pay application processing fee. The candidate also has to pay Permanent Residence Fee for himself/herself and also for any dependents when selected for permanent residence.

When does a candidate’s profile expire?

Express Entry profile expires after one year or 12 months from the date applicant submits. It is good for one year. If applicant does not receive invitation to Apply (ITA) within 12 months and he or she is still interested, a candidate needs to fill out new application and submit new profile.

An applicant also has 60 days to resubmit his or her current Express Entry profile through MyCIC. The applicant has to update information and receive new profile number or can fill out complete new application.

Express Entry Pool

Do I need a job offer to get into the Express Entry pool?

If candidate meet the requirements one of the economic immigration programs which leads to Express Entry. The candidate will enter into pool. If candidate has job offer which is supported by LMIA, it is an asset but it is not requirement.

If I am in the Express Entry pool, could I be eligible for more one program?

Yes, it is possible to be eligible for more than one program. If candidate is eligible for more than one program then his/her profile is marked by the system. The purpose of marking profile is that candidate profile can be any related draws. Once candidate has Invitation to Apply (ITA), then system will show you to which immigration program you invited for.

Giovanni

Giovanni Crescenzi received his Bachelor with Honours from the University of Ottawa and has been working in the immigration field for approximately three years. He works very closely with clients, assisting them in achieving their goals. Prior to working with Akrami & Associates, Giovanni gained valuable work experience with the Federal Government of Canada before working with another large and well respect Immigration Law Firm. Giovanni has assisted in the successful completion of a large number of cases ranging from permanent to temporary matters. He has a wealth of experience in processing a variety of different case types. Giovanni is currently working towards his membership with the Immigration Consultants of Canada Regulatory Council as an Immigration Consultant.

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