To the Honourable Marc Miller, Minister of Immigration, Refugees, and Citizenship:

We, the undersigned, urge you to amend the Ministerial Instructions respecting the Express Entry system to introduce a grandfathering provision for legal immigrants already working and residing in Canada. This change will ensure that families who came to Canada in good faith are not unfairly penalized by retroactive changes to the Comprehensive Ranking System (CRS).

The Problem: A Promise Broken by Shifting Goalposts

Thousands of families came to Canada legally, believing in a clear and stable pathway to permanent residency. They have invested years of their lives, enrolled their children in Canadian schools, paid taxes, and become integral parts of our communities. Now, they face the devastating prospect of being forced to leave because the rules of the game have changed midway through.

Recent and drastic changes to the Express Entry system, governed by new Ministerial Instructions, have created a moving target for these families. The once-predictable journey to permanent residency has become a source of immense stress and instability, undermining Canada's reputation for fairness.

How the Rules Have Unfairly Changed

Over the past few years, several key changes to the Comprehensive Ranking System (CRS) have systematically disadvantaged immigrants who were already on a clear path to permanent residency. These changes have retroactively devalued the very qualifications and attributes that Canada previously encouraged:

• Introduction of Category-Based Selection (2023): Legislative amendments to the Immigration and Refugee Protection Act in June 2022 gave the Minister new authority to prioritize candidates in specific occupations (like healthcare, trades, or STEM). While this addresses certain labour shortages, it has sidelined countless skilled individuals already working in Canada whose professions are not on a narrowly defined list. Their years of Canadian work experience and contributions to the broader economy are now effectively ignored in favour of targeted occupations.
• Elimination of Points for Job Offers (March 25, 2025): In a significant policy shift, IRCC removed all CRS points for having a valid Canadian job offer. Previously, a job offer, often secured through the rigorous Labour Market Impact Assessment (LMIA) process, was worth 50 or 200 points. This was a cornerstone of many applicants' immigration plans, signifying their successful integration into the Canadian labour market. Its removal has retroactively punished those who followed the established path.

A Real-World Example: The Devaluation of Canadian Contribution

Consider a family who arrived in January 2022. Their plan was based on the rules at the time: the principal applicant would work for two years to maximize points for Canadian experience, and their secured, LMIA-backed job offer would provide the crucial 50 points needed to be competitive. They followed all the rules, paid their taxes, and their children started thriving in a Canadian school.

Today, their plan is in ruins. The introduction of category-based draws means their occupation, while valuable, is rarely selected. Worse, the 50 points they earned for their job offer vanished overnight on March 25, 2025, drastically lowering their CRS score. This family played by the rules, only to have the rules rewritten, leaving them in a precarious and deeply unfair situation.

Our Proposed Solution: A "Grandfathering" Provision Based on Fairness

We are asking for a fair transition for those who are already here. We propose a simple and just solution:

Amend the Ministerial Instructions respecting the Express Entry system to allow applicants already in Canada on a valid work or study permit to choose to be assessed under the CRS rules that were in effect when their initial permit was issued.

This aaproach would:

• Restore Fairness and Predictability: Honour the reasonable expectations of families who made life-altering decisions based on the rules as they existed.
• Value Continued Contribution: Recognize the significant social and economic contributions these families have already made.
• Provide Stability for Children: Protect the well-being of children who have established their lives in Canada and consider it their home.

The Legal Authority to Act

The Minister of Immigration, Refugees and Citizenship has the authority under section 10.3 of the Immigration and Refugee Protection Act (IRPA) to issue new Ministerial Instructions that govern the Express Entry system. Implementing this grandfathering clause is a matter of issuing a new instruction to ensure a more equitable system.

A Call to Uphold Canadian Values

Canada is a nation built on the promise of fairness and opportunity. We cannot, in good conscience, pull the rug out from under the very people we invited to help build our country. They have upheld their end of the bargain; it is time for Canada to uphold its.

We implore you, Minister Miller, to take immediate action. Amend the Ministerial Instructions and give these contributing immigrant families the certainty and fairness they deserve.