Expression of Interest and Express Entry- What Does This All Mean?!

By Author: Admin | May 2, 2014

On A 87.3 (1) the Canada Gazette (i.e. the official newspaper of the Government of Canada) stated, “Any categories for which Instructions are not specifically issued shall continue to be processed in the usual manner, as per processing priorities established by the Department,” which is an implicit  reminder that the Minister can arbitrarily terminate/morph the immigration system on a whim, as per the Immigration Refugee Protection Act at  87.3 (1)

One potential arbitrary change is the number of caps on a given occupation.  CIC has been ‘cap-happy’ in the recent past changing, for example, the cap in the CEC streamfrom no cap in 2012, to a 12000 cap (in November 2013), and most recently, an 8000 cap.

The government also stated, “Applications received on the same date will be considered for processing having regard to routine office procedures,” meaning that  Bob (or whoever) in the CIC Sydney NS mailroom has a ‘procedure’ or a ‘system,’ and your application is at the mercy of it.  In one federal court case I had against CIC Sydney, an officer stated that applications are received in ‘pallets’.  However, When receiving a number of applications on a pallet, it is not stated how they are placed in queue; they could be placed in queue in alphabetical order or merely the order in which they fell off the delivery vehicle.

It is pertinent to note that the CIC office at Sydney does not allow for hand-delivery of applications. It is thus likely that many applications will be received on a date when a cap is not filled, but will be assessed many weeks later, when the cap has already been filled, hence being disqualified.

If you’re disqualified and miss the cap, the official response is, ”Applicants whose applications do not meet the criteria described above shall be informed that their application does not qualify for processing and shall have their processing fee returned.”  This Band-Aid solution of a refund of processing fees is  CIC’s way of treating  government services like pizza that is free if not delivered at your door in 30 minutes – except the time pressure for delivery is on you, not the government.

The recent changes are likely interim and may change or be ‘caretaker’ or short-term instructions for the more ambitious Expression of Interest system, as per the government’s statement, “…while enabling CIC to prepare for the introduction of a new application management system,” as well as the Press Release of April 2014 which stated, “The CEC cap will be re-set at 8,000 applications, as of May 1, 2014, to cover the transition period leading up to Express Entry.” [Emphasis Added]

The upcoming Expression of Interest system aspires to match employers with applications quickly under the CEC, FSW, and PNP, as per the April 8, 2014 notice, “Qualified applicants can expect faster processing times of six months or less when invited to come to Canada in four key economic streams: the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and a portion of the PNP.”  This implies there shall be an internal prioritization dictated by the needs of Canadian business and thus, a further layer of arbitrariness in who gets selected under Canada’s Economic Immigration program. One solution to this confusion?Become Irish..

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