Hasni said:
PRINCIPALLY SPEAKING WHAT BRAV21 HAS WRITTEN SOUNDS LOGICAL.BUT THIS WAY IF YOU MANAGE TO GET 67 POINTS EVEN WITH ZERO SCORE FROM IELTS, DO YOU QUALIFY??I HAVE NOT SEEN ANYTHING OF THE SORT ON THEIR GUIDE ETC WHICH SAYS THAT YOU OUGHT TO HAVE ANY MINIMUM IELTS??
Hasni read Operational Manual 6...Page 46...
OP 6 Federal Skilled Workers
13.3. Substituted evaluation
R76(3) makes possible substituted evaluation by an officer. This authority may be used if an officer believes the point total is not a sufficient indicator of whether or not the applicant may become economically established in Canada.
Substituted evaluation is to be considered on a case-by-case basis. The scope of what an officer might consider as relevant cannot be limited by a prescribed list of factors to be used in support of exercising substituted evaluation. There are any number and combination of considerations that an officer might cite as being pertinent to assessing, as per the wording of R76(3): ―. . . the likelihood of the ability of the skilled worker to become economically established in Canada. . . .
Frequency of use will vary from visa office to visa office, as some will find in their caseloads more situations of disconnect between the point total and establishment prospects than will others. The fact that the applicant ―almost attained‖ a pass mark is not, in itself, grounds to recommend the use of substituted evaluation. Rather, the officer needs to identify and document the facts demonstrating that the points awarded are not a sufficient indicator of the applicant's ability to become economically established in Canada.
If an officer decides to use substituted evaluation when…
the applicant did meet the pass mark (i.e., negative substituted evaluation)
Then the officer will...
- communicate their concerns to the applicant and provide sufficient opportunity to the applicant to respond to these concerns, through correspondence or an interview;
- obtain written concurrence from a designated officer.
If an officer decides to use substituted evaluation when…
the applicant did not meet the pass mark (i.e., positive substituted valuation)
Then the officer will...
obtain written concurrence from a designated officer.
Substituted evaluation cannot be used to override:
- a refusal due to insufficient funds [R76(3)]
- a failure to meet the definition of a skilled worker as outlined in R75. R75(3) clearly states that
a failure to meet the requirements of a skilled worker as outlined in R75(2) will result in an
application being refused
- a failure to meet the Ministerial Instructions.
Link to Manual (OP-6)...
http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf
