azfar said:
Memebers, please discuss and share your expereinces. i have came to know that they will call an interview and give grace marks for success if satisfied.
I have an example of my friend who is now in canada, applied in 2005 and got the visa after an interview in 2007. His total marks were 62 and ielts band was 6. at that time the total qualifying score was 70, and in these days the cic revised the scoring to 67, they called the interview and awarded 5 points to qualify and stamped the visa.
Simialrly i have came to know today that a visa officer have the power to award upto 10 points if the case is genuine and the candidate economically adjust himself in canad.
members pls share ur expreinces and comment
What you are talking about is correct and is referred to as "SUBSTITUTED EVALUATION". This can be, either "Positive or Negative".
It enables the IO responsible for your case to exercise his power and Authority of the R76(3) clause.
This authority may be used if an officer believes the point total is not a sufficient indicator of whether or not the applicant may become economically established in Canada.
Substituted evaluation is to be considered on a case-by-case basis. The scope of what an officer
might consider as relevant cannot be limited by a prescribed list of factors to be used in support of
exercising substituted evaluation. There are any number and combination of considerations that
an officer might cite as being pertinent to assessing, as per the wording of R76(3): “. . . the
likelihood of the ability of the skilled worker to become economically established in Canada. . . .”
Frequency of use will vary from visa office to visa office, as some will find in their caseloads more
situations of disconnect between the point total and establishment prospects than will others. The
fact that the applicant “almost attained” a pass mark is not, in itself, grounds to recommend the
use of substituted evaluation. Rather, the officer needs to identify and document the facts
demonstrating that the points awarded are not a sufficient indicator of the applicant's ability to
become economically established in Canada.
For legal clarity, officers should employ the terms used in legislation, such as “substituted
evaluation” or “ability to become economically established.”
If an officer decides to use Then the officer will ...
substituted evaluation when ...
the applicant did meet the pass • communicate their concerns to the applicant and provide
mark (i.e., negative substituted sufficient opportunity to the applicant to respond to these
evaluation) concerns, through correspondence or an interview;
• obtain written concurrence from a designated officer.
the applicant did not meet the • obtain written concurrence from a designated officer.
pass mark (i.e., positive
substituted evaluation)
Substituted evaluation is not to be confused with humanitarian and compassionate
authority, which enables the Minister or his/her delegates to grant permanent residence or an
exemption from any applicable criteria or obligation of IRPA in a range of situations involving
sufficiently compelling circumstances.
Substituted evaluation cannot be used to override:
• a refusal due to insufficient funds [R76(3)]
• a failure to meet the definition of a skilled worker as outlined in R75. R75(3) clearly states that
a failure to meet the requirements of a skilled worker as outlined in R75(2) will result in an
application being refused
• a failure to meet the Ministerial Instructions
