DelPiero07 said:
Your understanding on how an application is assessed is incorrect.
"Under section A11.2, an officer may not issue a visa to an applicant who did not or does not meet the Express Entry minimum entry criteria (MEC) or did not or does not possess the qualifications for which they received their CRS score at the time when
the Invitation to Apply (ITA) was issued; or
the e-APR was received by IRCC."
By the time the applicant submits his eAPR he will have his spouse's IETLS, his CRS will still be above the cutoff score of the draw for which he was invited AND he would still meet the MEC.
"An applicant’s CRS score is automatically recorded in GCMS at the time when
their ITA is issued; and
their e-APR is submitted.
At the time of the e-APR, processing officers should compare both CRS scores to determine which of the following scenarios should be applied:
If the applicant’s CRS score at the time of the e-APR is equal to or higher than the lowest-ranked score in the round of invitations, the application will not be refused under section A11.2, as long as the applicant’s supporting documentation corroborates their claims and they continue to meet the MEC for Express Entry, including the requirements of the program to which they were invited to apply.
If the applicant’s CRS score at the time of the e-APR is lower than the lowest-ranked score in the round of invitations, the application should be refused under section A11.2 for not having maintained the qualifications that would justify the ITA."
here is what he stated:
1. He was married before he got ITA
2. He put his spouse as non accompanying which gave him more points than what he would have with an accompanying spouse.
3. His spouse did not have any valid result of general IELTS test at the day of ITA (she only has academic IELTS, which however is not accepted for purpose of PR application)
4. He stated that if his spouse would get same or better results in IELTS and he would count his new IELTS results, it would put him on CRS score 436 points.
Now:
Under section A11.2, an officer may not issue a visa to an applicant who did not or does not meet the Express Entry minimum entry criteria (MEC) or did not or does not possess the qualifications for which they received their CRS score at the time when
•the Invitation to Apply (ITA) was issued; or
•the e-APR was received by IRCC.
Would he continue with spuse as non-accompanying, be it with old or new IELTS (which is supposed to be valid for this ITA), he would meet criteria.
He can even try to change her status as accompanying after AOR (and await, that his points cannot change anymore).
But it can trigger following:
1. An Officer will check the supporting information from his side (including his marriage certificate on which date of marriage is visible)
2. An Officer can conclude, that he put his spouse as non accompanying for the purpose of getting higher CRS score (possible misinterpretation)
3. In this specific case, he can reclasify his application as with an accompanying spouse and recalculate his CRS score accordingly. In that case he would look at the application as if he was with accompanying spouse at the day of ITA.
4. Yes he can provide valid documents for his spouse (ECA and IELTS or TEF). But at the moment de did not state that he has any general IELTS from his spouse, that was valid on the day of ITA.
5. Not having it will cause his score drop below 434 points at the day of ITA (he stated, that he would reach 436 points only with new IELTS score from his wife which he does not have yet. And language of your spouse does give you more that 2 points).
That is his current problem.
As both language tests results and ECA must be valid at the day of ITA and the day of AOR.(unlike for work experience, where you can get reference letter issued on later date, but confirming your valid work experience that was already reached at the day of ITA).
