Marc Miller May End LMIA Points For Permanent Residency

Last Updated On 22 November 2024, 9:01 AM EST (Toronto Time)

Immigration Minister Marc Miller is contemplating a major shift in Canada’s immigration policy: the potential removal of bonus points for permanent residence applicants with Labour Market Impact Assessments (LMIAs).

The LMIA, a document issued by Employment and Social Development Canada (ESDC), is currently valued at 50 points under the Express Entry system and even at 200 points if it is for a management position (TEER 0 Major group 00).

These points significantly boost an applicant’s chances in an increasingly competitive pool.

While 200-point LMIAs are not known for being “sold” to boost the points, it is quite common for 50-point LMIAs that are sold to just boost the points. 

In an exclusive discussion with The Star editorial board, Miller expressed concerns over the misuse of LMIAs, describing the system as a double-edged sword.

“There’s a value to LMIA, but it can’t be $70,000 on the black market or the grey market,” Miller stated. “I’m seriously considering removing it.”

Key Takeaways From Marc Miller
Why the LMIA System is Under Scrutiny

While designed to verify the necessity of hiring foreign workers for jobs that Canadians cannot fill, the LMIA system has become a target for fraud.

Unscrupulous employers and recruiters have exploited the desperation of international students and temporary foreign workers by selling fake job offers for exorbitant prices.

This illegal practice jeopardizes the credibility of the LMIA program and undermines legitimate employers and workers.

“It’s a balancing act,” said Miller. “Not prejudicing people that have bona fide LMIAs, but I think it’s safe to say I’m seriously considering [removing the points].”

Immigration Fraud and Enforcement Challenges

Miller admitted that fraudulent job offers are widespread, but enforcement efforts have been hampered by limited resources and competing priorities.

“We need to do more,” he said, emphasizing the importance of removing the financial incentive behind LMIA fraud.

By eliminating the extra points, Ottawa aims to curb the illicit trade of fake job offers and restore integrity to Canada’s immigration system.

The Minister also discussed the broader context of these challenges, highlighting how public perception and economic pressures are shaping immigration policy.

Public Sentiment and Immigration Levels

Canada’s immigration system, once hailed globally for its efficiency, is under intense scrutiny.

Rapid population growth due to high levels of study and work permit holders has been linked to the country’s housing and affordability crises.

A recent Environics poll revealed that, for the first time in 25 years, a majority of Canadians feel the country has accepted too many immigrants.

Miller acknowledged these concerns: “When Canadians are saying we need to do a better job with migration, I don’t equate them with being anti-immigrant,” he explained.

“This is a country that is very accepting of others, but there’s a real problem with our capacity to absorb so many newcomers in a short timeframe.”

In response, Miller recently announced a 20% reduction in permanent resident admissions and a cap on temporary resident numbers to ease population pressures.

Asylum Backlog and Irregular Migration

Another pressing issue is Canada’s growing asylum claim backlog, which has now reached 250,000 cases.

The backlog has strained resources and delayed processing times for legitimate refugees.

Miller criticized the current system for treating long-term residents who fail to renew their permits the same as new asylum seekers.

“There are many other measures that I will be putting into place to tighten up and limit people’s abilities to abuse the asylum system,” Miller said.

He suggested redirecting certain cases to prioritize “true cases” in the backlog.

Preparing for Potential Irregular Migration Under a Trump Administration

With Donald Trump potentially returning to the U.S. presidency, Miller warned of a possible spike in irregular migration at Canada’s southern border.

During Trump’s previous administration, thousands of asylum seekers crossed into Canada at locations like Roxham Road in Quebec, bypassing the Canada-U.S. Safe Third Country Agreement.

“We can’t have a repeat of what happened to Roxham Road,” Miller stressed, emphasizing the need for proactive measures and stronger collaboration with American counterparts.

When asked about the possibility of withdrawing from the Safe Third Country Agreement, Miller declined to comment, stating only that Canada must respect its international obligations.

The Road Ahead: Balancing Integrity and Accessibility

As Canada grapples with mounting challenges in its immigration system, Miller’s proposed changes reflect a delicate balancing act.

The potential removal of LMIA points aims to tackle fraud while maintaining fairness for genuine applicants. However, this is just one piece of the puzzle.

Cracking down on fraud, addressing the refugee backlog, and preparing for potential shifts in migration patterns will require a multi-faceted approach.

For Miller, the goal is clear: to ensure that Canada’s immigration system remains fair, sustainable, and aligned with the country’s capacity to integrate newcomers.

FAQs: The Future of LMIA Points and Canadian Immigration
Why is the LMIA system being reconsidered?

The LMIA system has become vulnerable to fraud, with fake job offers being sold on the black market. Removing the extra points for LMIAs could help curb this exploitation.

What changes might be implemented for asylum claims?

Miller suggested prioritizing legitimate cases in the backlog by redirecting cases from individuals who apply for asylum after failing to renew their permits.

How will Canada address irregular migration under a Trump presidency?

Miller emphasized stronger collaboration with U.S. counterparts and proactive border measures to prevent a repeat of past migration surges.

Will Canada reduce overall immigration levels?

Yes, Miller has announced a 20% reduction in permanent resident admissions and capped temporary resident numbers to address housing and affordability challenges.

What is the Safe Third Country Agreement, and will Canada withdraw from it?

The agreement requires asylum seekers to claim refugee status in the first safe country they arrive in.

Miller has not indicated whether Canada will withdraw but reiterated the importance of upholding international obligations.

As the federal government navigates these complex issues, the proposed changes to the LMIA system and broader immigration policies reflect a commitment to ensuring fairness, combating fraud, and addressing Canadians’ concerns.

These shifts will undoubtedly shape the future of Canada’s immigration landscape.

Satinder Bains

Satinder brings expertise, knowledge, and experience related to internal work flows at IRCC. She worked at Canadian Consulate in Chandigarh before moving to Canada. Her articles on “Chinook – An internal IRCC tool used to bulk process temporary applications” was one of the notable work on our news website

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