Maximising express entry points: senior executives get a fresh look
The way that points are granted for permanent residence under Canada’s Express Entry system changed in November 2016. These changes affected various issues including credit for Canadian education as well as non-LMIA (‘Labour Market Impact Assessment’) work permits, to secure needed points on the system. An LMIA is a document that an employer in Canada may need to get before hiring a foreign worker, substantiating the fact that a Canadian could not be found for the job.
Points under ‘arranged employment’
Both LMIA-based and non-LMIA-based work permits (such as, e.g. Intra-Company Transfers and NAFTA ‘North American Free Trade Agreement’ Professionals), can now garner points under ‘arranged employment’. However, there is a trade-off in that whether LMIA based (previously 600 points) or non-LMIA-based (previously 0 points), the value in all cases would now be 50 points.
Exceptions to points
There were two exceptions to the number of points available for arranged employment:
- Those selected under a provincial nominee program (they continue to receive 600 points)
- Those who occupied senior managerial points (they receive 200 points)
It is therefore beneficial to garner points in either of these ways, as there is an almost certain guarantee of selection.
Senior Managerial Positions
In terms of the senior managerial positions, such positions are those whose ‘NOC Code’ (National Occupational Classification) starts with ‘00’. The ‘NOC Code’ is a 4-digit number assigned to every occupation which classifies the job based on sophistication and industry or area of expertise. ‘00’ classifications reflect the highest level managerial occupations.
Can an individual applying for permanent resident status garner additional points because they are undertaking a senior managerial position where their current work permit does not currently have a senior managerial NOC Code assigned to it, ie starting with a “00”?
A recent clarification indicates the answer is yes. That is to say, if there is someone working in Canada in a managerial position, but whose work permit was based on a position described by a NOC Code not starting with 00, that person can still get 200 arranged employment points, if their employer is prepared to confirm that the position will be senior managerial. Obviously, getting 200 points rather than 50 is extremely beneficial, if it can be substantiated. (Given that there was no differentiation in this regard in the past, NOC Code consideration may have been less precise, which may be the justification in this regard.)
What You Should Do
The fact that the position is senior managerial (vs. ‘ordinary’ managerial) must be substantiated. Employers should properly document the facts, salary, and other elements, ensuring that there is no misrepresentation.
If you are an employer with a prospective high-level permanent residence candidate, or you are a permanent residence candidate, and the above issues apply, you should take action to ensure that you can secure maximum points through proper documentation and substantiation. Failure to do so will mean that your employee/you are missing out on 150 valuable points, and therefore, maybe, permanent residence itself.
Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.
Circular 230 disclosure
To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this article (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.