Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System

Vol. 150, No. 46 — November 12, 2016

GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1

The Minister of Citizenship and Immigration, pursuant to section 10.3 of the Immigration and Refugee Protection Act , gives the annexed Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1.

Ottawa, October 21, 2016

John McCallum

Minister of Citizenship and Immigration

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1

Amendments

1 The definition qualifying offer of arranged employment in section 1 of the Ministerial Instructions Respecting the Express Entry System is replaced by the following:

qualifying offer of arranged employment means any offer of employment referred to in subsection 29(2). (offre d’emploi réservé admissible)

2 Sections 3 to 6 of the Instructions are replaced by the following:

Electronic system

3 (1) The Express Entry System of the Department of Citizenship and Immigration is the electronic system that is to be used by a foreign national, subject to subsection (3), to submit an expression of interest for the purpose of subsection 10.1(3) of the Act and is to be used by the Minister to process expressions of interest under section 10.2 of the Act.

Functions of electronic system

(2) In addition to the functions referred to in subsection (1), the Express Entry System is to be used

• (a) to create the express entry pool which contains the expressions of interest submitted by foreign nationals;
• (b) to notify any foreign national who has an expression of interest in the express entry pool of matters relating to their expression of interest, including
  • (i) whether the foreign national meets the requirements of subsection 5(1),
  • (ii) the number of points assigned to the foreign national under the Comprehensive Ranking System, and
  • (iii) whether the foreign national has been issued an invitation;

   

• (c) for the purpose of the Comprehensive Ranking System referred to in section 8, including to determine
  • (i) the rank of the foreign national relative to other foreign nationals, and
  • (ii) whether the foreign national occupies the rank required in order to be issued an invitation;
• (d) to automatically transfer the information provided by the foreign national in their expression of interest to an electronic application for permanent residence made by the foreign national under section 12.01 of the Regulations, if the foreign national is issued an invitation; and
• (e) to carry out these Instructions.

Information required

(3) When a foreign national submits an expression of interest, they must provide the Minister with all the information required to process their expression of interest, including

• (a) the results, which must be less than two years old, of any language test which is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection; and
• (b) if applicable, the results, which must be less than five years old, of any assessment of the equivalency of their educational credentials that has been completed by an organization or institution designated under subsection 75(4) of the Regulations.

Expired results

(4) If, during the period when an expression of interest is in the express entry pool, the results of a language test provided for that expression of interest under paragraph (3)(a) are two or more years old, or if the results of an assessment of equivalency of educational credentials provided for that expression of interest under paragraph (3)(b) are five or more years old, the foreign national is deemed, for the purposes of paragraph 5(1)(a), to no longer be able to meet the requirements of the Regulations that are related to those results.

Expression of interest — submission by other means

(5) If a foreign national is unable to submit an expression of interest by means of the Express Entry System referred to in subsection (1) because of a physical or mental disability, it may be submitted by another means made available by the Department of Citizenship and Immigration for that purpose that would enable the foreign national to submit the expression of interest, including a paper form.

Day and time of receipt

(6) An expression of interest and any notification sent through the Express Entry System is considered to be received on the day and at the time recorded in the Express Entry System.

Express entry pool

4 (1) If a foreign national’s expression of interest demonstrates that they meet the requirements of paragraph 5(1)(a), it is to be included in the express entry pool until the earliest of

• (a) the day on which the expression of interest demonstrates that the requirements of paragraph 5(1)(a) are no longer met;
• (b) the day on which the period referred to in paragraph 5(1)(b) expires, if the foreign national was required to meet the requirements of that paragraph and has not done so;
• (c) the day that is one year after the day on which the expression of interest was received; and
• (d) if the Minister issues an invitation,
  • (i) the day on which the foreign national makes an application for a permanent resident visa in response to the invitation, or
  • (ii) the day the period referred to in section 6 expires, if the foreign national has not declined the invitation.

Updates to expression of interest

(2) A foreign national whose expression of interest is in the express entry pool may, at any time before receiving an invitation, update the information in their expression of interest, and the number of points assigned to the foreign national under the Comprehensive Ranking System is to be recalculated accordingly.

Eligibility criteria

5 (1) In order to be eligible to be issued an invitation, a foreign national must

• (a) if the expression of interest were to be considered an application for a permanent resident visa as a member of one of the classes referred to in paragraphs 2(a) to (c), be able to meet the requirements to be a member of that class as well as the selection criteria and other requirements for receiving a permanent resident visa as a member of that class; and
• (b) within 30 days after the day on which they submit their expression of interest, register with the Job Bank for Job Seekers of the Canada Employment Insurance Commission, if they do not have a qualifying offer of arranged employment or a nomination certificate issued by the government of a province referred to in paragraph 2(d) under its provincial nominee program express entry stream at the end of that period.

Ability to meet requirements

(2) For the purpose of the issuance of an invitation, the decision as to whether a foreign national meets the requirements of paragraph (1)(a) is made on the basis of the information provided in the expression of interest.

Exception

(3) Despite paragraph (1)(b), a foreign national who is unable to register by means of an electronic system with the Job Bank because of a physical or mental disability is not required to register with that Job Bank to be eligible to be issued an invitation.

Validity period

6 An invitation is valid for the period of time beginning on the day after it is issued by the Minister and ending on the 90th day after that day, and any application for a permanent resident visa in response to that invitation must be made within that period.