Immigration Minister Chris Alexander has released the long awaited Ministerial Instructions governing the
new Express Entry System which takes effect January 1, 2015. While the principles of the program are in
the right direction, there are some significant concerns about the impact of these Instructions on workers already employed in Canada under intra-company transfers, trade agreements (e.g. NAFTA), provincial nominee programs and post graduate students that wish to apply for permanent residency status.
 
The Express Entry system applies in respect of:

a) the federal skilled worker class (FSW);
b) the Canadian experience class (CEC);
c) the federal skilled trades class (FSTC); and
d) certain categories of the provincial nominee program express entry stream:  
Under the new system applicants will be required to submit an electronic expression of interest to apply
for permanent residence to Canada. Applicants will be entered into a pool of candidates for a period of up
to one year.  Applicants will be ranked based on the new Comprehensive Ranking System, which consists
of the following components:   
a) Core human capital factors, including age, education, language proficiency and Canadian work
experience;  
b) Accompanying spouse or common-law partner factors;
c) Skill transferability factors; and
d) Factors relating to a provincial nomination or a qualifying offer of arranged employment. (The
latter must be in NOC skill type O occupations, or skill level A or B. Note that a qualifying offer or
arranged employment from an employer is subject to a positive LMIA from ESDC)

To qualify for an invitation, the applicant must meet the requirements of either the FSWC, CEC, FSTC or
applicable PNP. Applicants without a qualifying offer of arranged employment (LMIA approved by ESDC),
or those that have not been nominated under an approved PNP must, within thirty (30) days of submitting
their expression of interest, register with the Job Bank of the Department of Employment and Social
Development.    
Once an invitation to apply for permanent residence is sent to a successful applicant it is valid for 60 days.
If the invitation is not declined, and an application for permanent residence is not made within that time
period, the foreign national's expression of interest comes to an end, regardless of the remaining portion
of the allocated one-year period.