Blogpost: The Basket May Break - The Case Against Express Entry

The inaccurately named "Express Entry" (think "Refugees are welcome here) forum for permanent residence filed for Canadian Experience Class, Federal Skilled Worker, Federal Skilled Trades and some Provincial Nominee programs has been a mixed bag.

On the one hand, processing times have been reduced, requirements of applicants streamlined and points for selection rationalized.

On the other hand, the system still lacks the internal checks and balances as well as common sense of officers necessary to ensure the system works as it was intended.

Since the system has been implemented we have seen:

-Points for Arranged Employment subtracted and applications refused even though the requirements for arranged employment were met in the contract submitted;
-Points for Education subtracted despite assessments confirming the points claimed;
-applications wholly rejected where proof of submission for police checks was not provided even though explanatory letters were sent in the absence of the certificates; and
-Work Experience points deducted and misrepresentation findings made on the basis of calls to unsuspecting former employers who could not recall the individual in question or, due to surprise, provided inaccurate information.

Thankfully, in Alberta, provincial nominees can apply for permanent residence independently of the Express Entry system. Unfortunately, we have seen many individuals come to our office, forlorn after an Express Entry application was refused on the basis of one of the above or some other error on the part of CIC or, on a few occasions, on the part of the Applicant. In almost every case, the individual concerned had a pathway to permanent residence under the AINP. And, in almost every case, when queried as to why they did not apply under the AINP, the individual has indicated that they did not do so due to lengthier processing times.

While this is undoubtedly true, individuals simply cannot trust that the Express Entry system is foolproof. If one if qualified for the AINP and application should be submitted regardless of processing times and as a failsafe for an Express Entry error. When the Express Entry application is refused the bridging open work permit application which is tied to it is also refused. This results in a restoration situation where individuals may or may not, depending on whether they have an LMIA or not, be able to restore their status as a worker. Stakes are high. They are so high, in fact, that applicants should in all cases make sure they have two baskets for their immigration eggs. We have seen, and continue to see, tragic results if reliant solely on the Express Entry basket.