- May 22, 2017
- 525
- Category........
- CEC
- Visa Office......
- CPC Sydney
- NOC Code......
- 2281
- App. Filed.......
- 27-06-2020
- Doc's Request.
- 18-08-2020
- AOR Received.
- 27-06-2020
- Med's Done....
- 16-04-2020
I have been reading several threads where some members have reported receiving an ITA under CEC before the completion of 1 year of skilled work experience.
They were suggested by other members to decline their ITA(s) or to wait until they finish their claimed work experience to submit their e-APR.
What concerns me the most is people getting these early ITAs and wasting it until they get an ITA after the completion of their work experience. This means they could have wasted up to 4 ITAs in this process.
I think it's time for us to clear the air around this specific situation. Looking at IRCC's website for the MEC for the Canadian Experience Class indicates the following:
The keywords here are before you apply. Creating an Express Entry profile is not an application. It is what its name implies; it is just a profile where you should fill your information truthfully. e-APR is when you submit your PR application. So, it's important to have at least one year of skilled work experience in the last 3 years when you submit your e-APR.
For the sake of Minimum Entry Criteria, your current Canadian work experience expires after 3 years. Note: you can still get CRS points for this experience as long as it is within 10 years, but you have to qualify through FSW or FST to apply for PR if you don't have Canadian work experience in the last 3 years.
Now, coming to section A11.2, the following applies:
11.2(1) clearly implies that the officer may refuse the application if the applicant does not meet MEC at the time of ITA or e-APR.
Exceptions are made for people who lose points for their age after receiving their ITA. 11.2 (b) seems to suggest an officer may issue the visa given that the applicant meets the criteria (MEC) and occupies a rank higher than the foreign national with the lowest rank, at the time of e-APR.
This means the applicants recalculated CRS score should not be lower than the cut-off to be issued a visa if they had lost points since ITA due to change in circumstances.
10.3(1)(e) is about the Minimum Entry Criteria while 10.3(1)(h) is about the CRS score and the rank of the applicant.
What's confusing is A11.2 suggests an officer may refuse the application if an applicant does not meet MEC at the time of ITA, but it also suggests an officer may issue a visa if the applicant continues to meet the MEC at e-APR and as long as their recalculated CRS score is above the cut-off if the candidate does not have the qualifications declared at the time of ITA.
Am I interpreting this wrongly? Has anyone gone through this process and got their PR? If so, please post your experience here.
It would be really nice if people can stop wasting ITAs. If people who were in a similar position share their experience, it might encourage people to hold on to their ITAs or at least not waste them by declining them every draw.
They were suggested by other members to decline their ITA(s) or to wait until they finish their claimed work experience to submit their e-APR.
What concerns me the most is people getting these early ITAs and wasting it until they get an ITA after the completion of their work experience. This means they could have wasted up to 4 ITAs in this process.
I think it's time for us to clear the air around this specific situation. Looking at IRCC's website for the MEC for the Canadian Experience Class indicates the following:
- meet the required language levels needed for your job for each language ability
- writing
- reading
- listening
- speaking
- have at least 1 year of skilled work experience in Canada, in the last 3 years before you apply, and the work experience must be:
- full-time, or
- an equal amount in part-time
- have gained your work experience by working in Canada legally
The keywords here are before you apply. Creating an Express Entry profile is not an application. It is what its name implies; it is just a profile where you should fill your information truthfully. e-APR is when you submit your PR application. So, it's important to have at least one year of skilled work experience in the last 3 years when you submit your e-APR.
For the sake of Minimum Entry Criteria, your current Canadian work experience expires after 3 years. Note: you can still get CRS points for this experience as long as it is within 10 years, but you have to qualify through FSW or FST to apply for PR if you don't have Canadian work experience in the last 3 years.
Now, coming to section A11.2, the following applies:
- 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.
- 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.
11.2(1) clearly implies that the officer may refuse the application if the applicant does not meet MEC at the time of ITA or e-APR.
Exceptions are made for people who lose points for their age after receiving their ITA. 11.2 (b) seems to suggest an officer may issue the visa given that the applicant meets the criteria (MEC) and occupies a rank higher than the foreign national with the lowest rank, at the time of e-APR.
This means the applicants recalculated CRS score should not be lower than the cut-off to be issued a visa if they had lost points since ITA due to change in circumstances.
10.3(1)(e) is about the Minimum Entry Criteria while 10.3(1)(h) is about the CRS score and the rank of the applicant.
What's confusing is A11.2 suggests an officer may refuse the application if an applicant does not meet MEC at the time of ITA, but it also suggests an officer may issue a visa if the applicant continues to meet the MEC at e-APR and as long as their recalculated CRS score is above the cut-off if the candidate does not have the qualifications declared at the time of ITA.
Am I interpreting this wrongly? Has anyone gone through this process and got their PR? If so, please post your experience here.
It would be really nice if people can stop wasting ITAs. If people who were in a similar position share their experience, it might encourage people to hold on to their ITAs or at least not waste them by declining them every draw.