4.2.3.1 Acceptance
If the candidate satisfies the statutory conditions, the past file to the step of theselection; the letter PERM 111 (selection on file), PERM 121 (summoning to theinterview) or PERM 124 (interview expectation) is sent to the candidate,according to the position that applies to the latter (TO SEE GPI 3-2, SECTIONS4.4.1 and 4.4.2). For the candidates possessors of an offer of validated job, see thesection 5.5.1.1 of this chapter (SEE GPI 3-1, SECTION 5.5.1.1).
4.2.3.2 Intention of refusal and refusal
If the candidate does not reply to the statutory conditions, the letter PERM 401(refusal intention to the preliminary examination) is sent him, accompanied cardof evaluation (FEVAL). The candidate has access to 60 days following thesending for there to reply. If the candidate gives after this letter and that hisrequest nevertheless must be refused, a letter PERM 401A (refusal to the preliminary examination) is transmitted him, if need be,accompanied FEVAL. If the candidate does not give after the letter of intentionof refusal, his request is refused to the expiration of the 60 days, without other notice.The code of the formation of the requiring principal and of his spouse must appear on the FEVAL of the candidate. Notice: - Is designated, by way of principal require, the person of which the position is the most advantageous one to the look of the granting of the foreseen points to the Regulation on the pondération, at the time of the assessment of arequest presented by a couple. Thus, when a candidate accompanied of a spouseor fact spouse does not qualify itself to the preliminary examination, it there placeto verify if the spouse or fact spouse eventually could satisfy the passagethresholds. The counselor to the immigration examines the luck of the spouse toqualify itself as principal requiring and transmits, to the need, the letter PERM115 (lacking document) in order to complete the evaluation. If the examination isconclusive, the counselor opens a new file in the computer system and follows theevaluation according to the habitual procedure. If the spouse cannot qualifyhimself as principal requiring, the counselor indicates on the FEVAL that thisoption was envisioned but that the spouse replies to the requirements to beselected by way of principal require.- Exceptionally, a candidate that does not satisfy the requirements of the preliminary examination can be accepted to this step if the official judges that thegate does not reflect the capacities of the latter to establish itself with success or that it seems to present a position of humanitarian distress. The proceduresrelating to the usage of the discretionary strength of the minister (item 40 of theRSRE) are treated to the chapter 5 of the composing 3 (TO SEE GPI 3-5).
4.2.3.3 Intention of rejection and rejection
When the official to the immigration has reasonable motives to doubt theauthenticity of the documents or trueness of the presented pieces of information tothe support of the request of immigration, it informs the proof and towards to theimmigration file the pieces of information and documents require. If the proof issufficient, the prepared official the letter PERM 400 (rejection intention) in whichit specifies the pieces of information or the document of which the trueness or theauthenticity was not proved in a satisfactory way. The candidate has access to 60
days, from the date back to reception of the letter of intention of rejection, totransmit its observations and any allowing document to review the decision,without what his request will be rejected, to which one case, the rejection of hisrequest is confirmed by the letter PERM 399A (rejection letter), signed by theresponsible administrator, and an administrative penalty applies, preventing itfrom deposit a new request during the five subsequent years, by virtue of the item3.2.2.1 Law. If the official to the immigration considers that the proof must becompleted, it can summon the candidate in interview, if this one attains the passage threshold require.
4.2.3.4 Suspense
It can happen that the official to the immigration cannot return adecision, notably when arises one of the following positions:- The payable expenses were not paid completely;- pieces of information, explanations or additional documents are required;- additional verifications are necessary. In the latter case, the official to theimmigration can, after approval of his administrator, ask an examination by theService of the security and investigations (SSE) or resort to to the expertise of intervening others. In the cases where the official to the immigration mustsuspend the treatment of a request, it records this advancement state in thecomputer system and puts back to the candidate the letter that applies to his position.
4,3 Steps of the selection
4.3.1 Objectives to the step of the selection
THE step of the selection has for function to complete the process of startedevaluation to the step of the preliminary examination and to determine if thecandidate is in a position to satisfy the passage threshold to the gate. The decisionto the step of the selection can be taken in interview of selection or on file. 4.3.1.1selection Interview By virtue of the item 8 of the RSRE, the candidate worker qualified must be summoned in selection interview if it satisfies the passagethreshold to the preliminary examination without nevertheless to satisfy the passage threshold in selection. To summon a candidate in interview, the officialto the immigration transmits him the letter PERM 121 (summoning to theselection interview).The selection interview has for principal functions:- The verification or updated it carried out evaluation to the step of the preliminaryexamination;- the targeted evaluation of one or more factors of selection to assure itself trueness of the pieces of information furnish and authenticity of the presenteddocuments to the support of the request. In interview, the counselor to theimmigration can question the candidate, examine the original documents and judge validité of the pieces of information while taking account of the other motives that allow doubting or not of the validité of the document or trueness of the pieces of information. To the need, it will equally be able to ask additionaldocuments relying on the candidate the letter PERM 115 (lacking document). Shealso can serve to: - The information transmission to the candidate (individualcounselling) to the look of his project of specific immigration and of its individualand socio-professional characteristics - the revision or the signature, if this alreadyis not done, Contract relating to the capacity of financial autonomy, just like the piece of information transmission on the reach of the contract and on the real costsof establishment to the Quebec. The official to the immigration will have to
assure itself that the candidate possesses a copy of the signed contract or to put back some for him and if the contract is signed at the time of the interview. Theofficial will equally have to recall to the candidate to have in his possession hiscopy of the contract to his arrival to the Quebec. In any case, the candidate must present himself to the interview with the original ones of all the documentsrequire.When the candidate is not in measure to present an original document, it must justify this non-availability and present a certified copy conforms by thetransmitting institution of the document or by legal duly authorized authority, or any other certified document; the counselor will judge then validité of thedocument and of his admissibility. If it does not have in his possession thesedocuments at the time of the interview, his request could be rejected or refused, inthe respect of the applicable procedures.
