Immigration, Refugees and Citizenship Minister Marc Miller speaks to reporters on Parliament Hill in Ottawa on Dec. 5.PATRICK DOYLE/The Canadian Press
Immigration Minister Marc Miller is changing the rules to remove an incentive for illegal job-selling to immigrants, who can pay thousands of dollars to improve their chance of staying in Canada permanently, and to put an end to a practice known as flagpoling.
In an announcement on Tuesday, he said the government will no longer give people hoping to settle in Canada additional points towards their application for having a job offer.
Immigrants’ chance of gaining permanent residence, which has become increasingly competitive, is improved by accruing points, including for a job in Canada, with more for management, supervisory and other more senior roles.
Immigration lawyers and consultants have warned that employers have been exploiting Labour Market Impact Assessments, designed to fill roles where no Canadians or permanent residents are available, by illegally charging immigrants.
This has also led to Canadians losing out on jobs, including in fast food restaurants, because it is more lucrative to reserve them for immigrants prepared to pay.
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The change, which Mr. Miller flagged was coming in the announcement of a plan to secure Canada’s border, will not affect immigrants who have an application in progress. He said the change will come into force in the spring.
However, this may depend on whether the government, which has been in turmoil since the resignation of Chrystia Freeland as finance minister last week, is still in power.
“We are taking important steps to reduce fraud while continuing to attract the skilled talent our economy needs,” Mr. Miller said in a statement. “Immigration has always been a cornerstone of Canada’s success, and we remain committed to welcoming the best and brightest to Canada so that everyone has access to the quality jobs, homes and supports they need to thrive.”
Tom Kmiec, the Conservative immigration critic, accused Mr. Miller of implementing “half measures to stem the chaos” and of refusing a demand six months ago to appear before the Commons immigration committee to answer questions on LMIA fraud. He said Mr. Miller “enabled fraud and cheating in our immigration system to go unanswered.”
The government also brought into force an end to so-called flagpoling, used by immigrants to process immigration documents at the border, which has been an irritant with the U.S.
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The practice, where foreign nationals already in Canada cross the border without going further into the United States, and then immediately return here, takes up lots of resources and distracts border officers from enforcement.
Foreign nationals do this to speed up the renewal of study or work permits, applying at the border rather than applying online in Canada, which can take weeks or months.
President-elect Donald Trump has threatened to impose 25-per-cent tariffs on all imports from Canada unless it does more to secure the border, including against illegal migration and drug smuggling.
Between April, 2023, and March, 2024, the Canada Border Services Agency processed over 69,300 “flagpolers” including at crossings in B.C., Ontario and Quebec.
From now on those who attempt to renew a work and study permit at the border will be told to submit their application to Immigration, Refugees and Citizenship Canada unless they meet limited exemptions.
“This change will enable us to further streamline activities at our ports of entry and allow Canadian and American border officers to focus on what they have been expertly trained to do – border enforcement,” Public Safety Minister David McGuinty said in a statement.
“Flagpoling is unnecessary and diverts resources from critical enforcement activities. This change will ease border congestion, improve fairness for applicants, and enhance the efficiency and security of our borders,” Mr. Miller said.
U.S. citizens and permanent residents will be exempt from the change, as will professionals and technicians under free-trade agreements with the U.S. and Mexico, Chile, Panama, Peru, Colombia and South Korea, and their spouses and common-law partners.
Some international truck drivers who hold a work permit may still be able to have their papers processed at a border post.