Confusion over ITA

[b4urussel]

Dear users,

A friend of mine who got ITA last draw is confused about a situation she has unfortunately fallen into, below is her note. Thank you for your help advance.


Hi Admins,

I finally received ITA today, however, there are a few queries so please help me out:

Just to give my background I moved from India to Canada for studies and then started working here. I have another 44 days to go to complete my 1 year of Canadian work experience. I created my EE profile under FSW in March 2020 since I had work experience of over 5+ years back in India and my CRS score was at 480.

Clearly I should have received FSW ITA this draw. However, I got the ITA under the CEC category. I did declare my Canadian work experience in my work history but I still have 44 days to go to complete a year at work.

Few points to note- my profile is already updated with 40pts towards Canadian experience on July 1st. Is that okay?


Questions: 1. Why did I receive ITA for CEC when I applied for FSW, did I make a mistake while applying in EE profile setup?

2. Can I accept this invite now or wait till I officially finish 1 year and then accept (within 90 days I need to accept or decline ITA) or decline the invite for now and wait for the next draw?

3. If I proceed with the current invite, will my profile will be assessed by CIC based on Foreign experience or Canadian experience? I didn't edit my EE profile since the time of creation.

Please advise.

 

[primaprime]

This is a known issue with the system where it gives points for work experience 1-2 months before the year completes. The typical course of action is to decline the ITA as the applicant must have been eligible on the date of the ITA. However, since she is still eligible under FSW and her CRS score would be 480 (above the cutoff) even without any points for Canadian work experience, she may be able to proceed, though some contact with IRCC might be required to clarify the situation.

 

[indianstudent96]

So, she really has 440 points (not 480) without the Canadian work experience at the time of ITA, but she already met the MEC for FSW. Usually it’s fine to submit it after completing that work experience and mentioning in a letter of explanation so her MEC is assessed for FSW at the time of ITA and score will be 480 assuming that she submits her e-APR after having a year of Canadian work experience.

If she will be having 480 points in a few days anyway, why not just decline the current ITA and get a new one? I am saying she has options, but having a consultation with an immigration lawyer is highly recommended.

 

[TheList]

Dang, I am new to the forum and see how people fall through unconventional cracks in the Immigration process. Truly fascinated. Imagine the mental pressure we go through. Why do we choose to do this to ourselves?

Good luck to your friend.

 

[b4urussel]

@primaprime @indianstudent96 Thank you for your response, I agree with you she should decline and since her score has an higher assurance % in the next draw.

The question we wanted more clarity on is why she got an ITA for CEC rather than a FSW which her application is based on. Is this normal or did she make any mistake in creating her profile. I know ITA is a blessing and it may seem we are putting unnecessary mental pressure as described by @TheList but we want to be sure and not make any mistake on this. If she declines the ITA now, chances are she will get CEC again in next draw if it happens to be before 44 days then we might have to decline it again.

 

[TheList]

@primaprime @indianstudent96 Thank you for your response, I agree with you she should decline and since her score has an higher assurance % in the next draw.

The question we wanted more clarity on is why she got an ITA for CEC rather than a FSW which her application is based on. Is this normal or did she make any mistake in creating her profile. I know ITA is a blessing and it may seem we are putting unnecessary mental pressure as described by @TheList but we want to be sure and not make any mistake on this. If she declines the ITA now, chances are she will get CEC again in next draw if it happens to be before 44 days then we might have to decline it again.

I believe there is a priority hierarchy that EE follows to put your application in when you are qualified for multiple streams. CEC trumps FSW. As you have said already she should probably wait until after she is eligible under CEC I.e., after 44 days to accept any invites or else if she does decide to accept the ITA on further inspection she could potentially be found to be infringing the rules despite adding a LOE.

 

[b4urussel]

@TheList Is there any article or post you have found that can shed light on this? I have not encountered this situation before nor has my friend.
I will still investigate to find out why she got CEC when she applied for FSW but if you do find any article or forum thread please do share. Thanks!

 

[b4urussel]

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1294&top=29

https://www.canadavisa.com/canada-immigration-discussion-board/threads/fsw-or-cec-which-is-better.346542/

Found this thread it helps. Thanks all

 

[TheList]

Hey I believe I read it earlier today on this forum. In either the EE in a nut shell thread (long written explanations) or EE step by step process where it definitely hints towards CEC being superior than FSW. Check it out. If you can’t find it, I’ll look for it tonight and reply again.

 

[TheList]

I found this for anybody who wants to keep track in this thread.
Can I be eligible for more than one program under Express Entry?
Yes. Depending on the information in your profile, you may be eligible for more than one program through Express Entry.

In that case, you will be invited to apply for one program based on this order:

• Canadian Experience Class (CEC),
• Federal Skilled Worker Program (FSWP), then
• Federal Skilled Trades Program (FSTP).

For example:

• If you met the criteria for all three programs, the system would send you an invitation to apply for the CEC.
• If you met the criteria for CEC and FSWP, you would also get an invitation to apply under the CEC.
• If you met the criteria for FSWP and FSTP, you would get an invitation to apply under FSWP.

You can’t choose which program you are invited to apply for. The system will sort profiles based on the information you enter.

If you decline the invitation, the system will not re-invite you under the next program. You will go back in the pool, and if we invite you again, the same order will apply.

 

[b4urussel]

@TheList Thank you!!

 

[TheList]

You are welcome. Keep us posted with the progress with your friend’s application.

 

[b4urussel]

Yes I will, Infact will let her post on this thread next time.