rajkamalmohanram said:
As far as OINP is concerned, your age is locked the day you receive your PT NOI. Getting older after that will not affect your application.
Hi Tan & Raj, and ALL!!
Thanks, however upon reading up OINP guide and CIC/EE system info again, age/age points are locked in @ ITA stage if we talk country / federal level draws/PR process, but for Ontario - one needs to maintain 400 for longer.
A - Federal govt/country intake - there's a clear relaxation wrt age (if age increase is the ONLY item causing points reduction) such that after receiving an ITA, age increase will not adversely impact points. Can't post the link but text is given at the bottom of this post.
B - Not sure if this federal level relaxation applies even for provinces, esplly Ontario in this case. Their guide clearly says points should stay >=400 till one applies for a PR. quote <<You must maintain a minimum score of 400 points on the Express Entry Comprehensive Ranking System (CRS) through the Ontario processing stage and your Application for Permanent Residence to IRCC.>> unquote. This means having 400 points when I receive a PT NOI from Ontario, in response to which I apply, their 4 - 6 weeks of evaluating my application, and sending me a nomination - which I accept, and then wait for a CRS draw wherein I receive an ITA, based on which I apply after having arranged all dox!!!!
Need genuine guidance even if disheartening. THIS IS LOOKING LIKE A LOSING BATTLE. Earliest Ontario reopens is Jan'17. From there till mid March (my birthday) - completing all of the above steps looks highly infeasible. :-(
On the other hand, it is a stretched imagination that CRS cutoff in itself would come down to 400s (in which case I needn't rely on Ontario's rules). Though with the changes in points structure, all are anticipating cutoffs to be lowered. :-(
Public Policy to exempt applicants for Permanent Residence from certain age-based requirements between invitation to apply and application
Background
Section 11.2 of the Immigration and Refugee Protection Act (IRPA) which came into force on January 1, 2015, requires officers to refuse an application for permanent residence from an Express Entry candidate if, at the time the invitation was issued, or at the time the officer received the candidate’s application, the candidate did not or does not meet the criteria to be eligible to be invited to make an application for permanent residence, or the candidate did not or does not possess the qualifications on the basis of which they were invited to apply.
A candidate who reports an age difference between the time they receive an invitaition to apply (ITA) and the time they submit an application for permanent residence (APR) could lose points that were awarded to them for their age, which is one criterion used to establish their rank relative to other Express Entry candidates, and to determine their eligibility to receive an invitation to apply. Applications can be refused for this reason despite the applicant’s ability to meet regulatory requirements of the economic immigration program for which they have applied.
This temporary public policy will permit the exemption of candidates from application of section 11.2 of the IRPA only if the loss of eligibility or qualification has occurred due to aging of the applicant between the submission of an invitation by CIC and the receipt of the resulting application by CIC.
Public Policy
In the view of the circumstances described above and pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (IRPA), I hereby establish that there are public policy considerations warranting exemption from application of section 11.2 of the IRPA where the application of that section would have occurred due to a loss of eligibility or qualification for reason of the applicant aging between receipt of invitation to apply for permanent residence and the submission of the application resulting from that invitation, and for exemption from the requirements of the Immigration and Refugee Protection Regulations (IRPR) with respect to points allocated to applicants on the basis of age under section 81 for Express Entry candidates only, where the applicant would no longer meet those requirements as a result of aging between invitation to apply and application.
This public policy does not constitute a complete exemption from the above-cited provisions, but only exempts applicants for failure to meet the requirements of these provisions due to an increase in reported age within the specified period. Applicants are not exempted from meeting other requirements under these provisions, or other requirements of the IRPA and the IRPR.
This public policy is effective January 1, 2015 until revoked by the Minister of Citizenship and Immigration.
The Honourable Chris Alexander
Canada’s Minister of Citizenship and Immigration
Dated at Ottawa, this 31st day of December, 2014
