Very important for those who received CRS points earlier than the anniversary date

[adham88]

I found a lot of threads and posts about the issue of receiving CRS points earlier than the anniversary date. This scenario is very common and I see a lot of contradictory answers here in this forum and after a very careful research here I am supporting my investigation with facts from the Immigration and Refugee Protection Act (S.C. 2001, c. 27)

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Visa or other document not to be issued

11.2 (1) An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make that application if — at the time the invitation was issued or at the time the officer received their application — the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were issued the invitation.

Marginal note:Exceptions

(2) Despite subsection (1), an officer may issue the visa or other document if, at the time the officer received their application,

(a) the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) — or did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) — because the applicant’s birthday occurred after the invitation was issued; or

(b) the foreign national did not have the qualifications they had at the time the invitation was issued and on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h), but

(i) they met the criteria set out in an instruction given under paragraph 10.3(1)(e), and

(ii) they occupied a rank that is not lower than the rank that a foreign national was required to have occupied to be invited to make an application.

2014, c. 20, s. 300; 2017, c. 20, s. 303.
Previous Version
Date modified: 2018-10-18

Source: https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-11.2.html?wbdisable=false

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My interpretation is as follows:

Since applicant must:
(1) Meet MEC of the immigration class when ITA granted
(2) CRS points when e-APR submitted should be not less than CRS points received when ITA granted

At item (2) there are few exceptions that I am not going to list them all which are listed under the respective immigration class. But here is the the exception related to this scenario, that falls under item (1), when you do not meet MEC and my interpretation is as follows:

If ITA is issued and the CRS points in EE profile does not reflect that you meet the MEC because you received CRS points earlier than the annervesy date (then exception (b) applies) but only when the CRS points when e-APR received are not lower than the cut off score at the time when ITA granted. In conclusion, only submit your e-APR when you meet the MEC and this exception will apply.

This is my conclusion as of 2018-10-18 and I am sharing this to get more insights from other experts in this regard and I would be glad to hear any feedback.

 

[pizzaboy99]

The exceptions are pretty simple

(2)(a) Eligible under MEC + CRS above cutoff at time of ITA and then due to birthday, become either ineligible under MEC or CRS falls below ITA cutoff at AOR - it doesn't matter

(2)(b)(i) Ineligible under MEC at time of ITA and then eligible under MEC at time of AOR - reject
(2)(b)(ii) CRS score at ITA and then at AOR are different - both must be above ITA cutoff, otherwise reject

 

[adham88]

The exceptions are pretty simple

(2)(a) Eligible under MEC + CRS above cutoff at time of ITA and then due to birthday, become either ineligible under MEC or CRS falls below ITA cutoff at AOR - it doesn't matter

(2)(b)(i) Ineligible under MEC at time of ITA and then eligible under MEC at time of AOR - reject
(2)(b)(ii) CRS score at ITA and then at AOR are different - both must be above ITA cutoff, otherwise reject

(2)(b)(i) and (ii) address one condition because of the and phrase, which I underlined above in my post. The way you interpret it as if it is or not and

 

[pizzaboy99]

(2)(b)(i) and (ii) address one condition because of the and phrase, which I underlined above in my post. The way you interpret it as if it is or not and

Yup, sorry that was not clear.

To phrase it even simpler

- MEC must be eligible at both ITA and AOR

AND

- CRS score must be above cutoff at both ITA and AOR (doesn't matter if score is different)

EXCEPT IN CASE OF

- Age factor where MEC must be eligible and CRS score must be above cutoff only at ITA.