4.2.3.2 Intention of refusal and denial
If the candidate does not meet the regulatory conditions, a letter PERM 401 (intention to refuse the preliminary examination) is sent, along with the evaluation sheet (FEVAL). The applicant has 60 days from the date Shipping to respond. If the applicant responds to this letter and its request should nevertheless be denied, a letter PERM 401 (refusal to review Preliminary) is transmitted, if necessary, together with the FEVAL. If the applicant does not comply with the letter of intent to deny his application is denied the expiry of 60 days without further notice.
The code for the formation of the principal applicant and spouse must appear FEVAL on the candidate.
Remarks:
- Is designated as the principal applicant, the person whose situation is most advantageous in terms of the allocation of points provided for the weighting in the assessment of an application by a couple. Thus, when a candidate accompanied by a spouse or partner does not qualify the preliminary examination there instead of checking if the spouse or common law could possibly meet the threshold of passage. The immigration counselor examines the chances of the spouse to qualify as the main applicant and forwards, if necessary, a letter PERM 115 (Missing documents) to complete the assessment. If the examination is successful, the advisor opens a new folder in the system computer and continued evaluation as usual. If the spouse can not qualify as a principal applicant, the counselor says FEVAL on this option was considered but the spouse does not respond not meet the requirements to be selected as the principal applicant.
- Exceptionally, a candidate who does not meet the requirements preliminary examination may be accepted at this stage if the official believes that the grid does not reflect the capacity of the latter to successfully establish or appears to be of particular distress. The procedures for the use of ministerial discretion (Article 40 of RSFN) are discussed in Chapter 5 of the component 3 (SEE GPI 3-5).