November 3, 2014

The Immigration Express Entry Train: Will it be on Time? | Part II

Posted by Mario Bellissimo - Bellissimo Law Group PC

We are now just under a few months away from purported implementation by Citizenship and Immigration Canada (CIC) of the new Express Entry (EE) System for economic migrants.  Some of the core details of the program are still to be unveiled.  Some of what we know includes:

  1. The EE would be reserved for Economic Classes only
  2. Submission of an EE would be electronic
  3. A foreign national is not eligible if inadmissible for misrepresentation
  4. A foreign national cannot have more than one EE in the system at a time and
  5. The Minister can give instructions governing any matter within the EE system,

Most are aware by now that the system will rely heavily on Ministerial Instructions but what may not be as well known is that the Minister can by instruction provide for criteria that are more stringent than current criteria or requirements under any other division of the Act.  How will this affect inadmissibility provisions?  Will this provision be deemed lawful?

Leaving incredible scope and implementation to Ministerial instructions opens the initiative, regardless of political party, to serious criticisms and concerns regarding transparency, lack of Parliamentary oversight and potential politicization of the program. This is a key concern and weighs heavily in trying to answer the key question set out last time– whose interests will be best expressed and satisfied in this new system? Stay posted for my next blog on this issue!

Click here to read: The Immigration Express Entry Train: Will it be on Time | Part I