Nobody wants to waste ITA but this is what I got in reply from my immigration lawyer in Canada who is practising from 12 years. If someone wants to go ahead and accept its their choice. I am telling what I was told. Everybody is desperate to accept ITA and start process including me that is why I was looking everywhere how it works. I dont want myself or any of my fellow mate in trouble because of some stupid mistake, so mentioned what I was told by lawyer. Below is the reply when I asked about calculating experience
Regardless if the system gives you points for 2 years only after completing 1 year, 11 months you can only claim the points once you have actually completed the full 2 years. The Immigration Officer has the final decision – the Express Entry system is only the intake system and not the actual law. Any ITA received before completion of exact 2 year MUST be declined.
Firstly, please go through the numerous examples of people having gotten their PR , having been in a similar situation. If your immigration lawyer is mentioning this, sorry to say, but you should look at hiring someone better. Granted I am not a lawyer, but the language of the Acts and Rules, along with the language of the assessing officers in various GCMS notes, make it amply clear how the process is followed
If you or your immigration lawyer still insist on this, I would request you to kindly share a few examples of such cases where people have been denied their PR for
this specific reason only. Because I'm sure I can find plenty of cases where such applications have been approved
If somebody still have doubt please ask professional IRCC certified lawyer rather than becoming one. I meant no disrespect to anybody but be responsible before you push someone for accepting just because you haven't got ITA yet. I understand that this leads to so many wasted ITA but its better to wait than jeopardizing someone's application.
Secondly, I think it would be better if you see the profile to the people whom you are replying to so as to not make assumptions. I have already received my ITA and my application has already been sent in January. So this is not for my selfish reasons, but only for hundreds, if not thousands, of people who have been patiently waiting for an ITA while people in a position of privilege have been declining them.
Good day to you!