selection pass mark for skilled workers

[rohit_parul]

hello,

my current application for PR gives me 74 points and the current pass mark is 67. i am awaiting my call for interview since the last 2 months. however, my lawyer just told me that they might increase the pass mark again from 67 to 75 in the next 3-4 months. in case the pass mark is increased, and my application is not through, will i be rejected if i dont meet the new passmark or will they still count me towards the current passmark of 67. pl. advise.

[Kayalami]

Under the new Immigration and Refugee Protection Act you must meet the minimum points requirement (currently 67..anticipated by many practitioners to go up to 75-80 around fall) up to the point your immigrant visa is granted. If the minimum points go up before your application is processed (despite it being submitted) then it will be refused. Such retroactivity has been accepted by the courts as an acceptable tool by the government to meet its required immigration quotas. Applicants are deemed to have accepted such when submitting their application - it is pointed out in the application forms, the act and regulations thereof.

To maxmise your chances of obtaining an immigrant visa you need to increase your points to the 90-100 zone by being fluent in both offical languages (English and French) and obtaining an employment offer that is approved by Human Resources and Development Canada.

I hope that helps.

[Quantum]

Such retroactivity has been accepted by the courts as an acceptable tool by the government to meet its required immigration quotas.

But I had understood that a recent Supreme Court case found otherwise, and that tens of thousands of applicants were to be reconsidered?

[Kayalami]

Supreme court found for applicants submitting on or before 31 December 2001. The Federal government was found to have mistated backlog clearing times in setting up transitional arrangements effectively prejudicing said applicants who subsequently submitted a class action suit.

Applicants post 1 Jan 2002 effectively included into the New Act (effective 28 June 2002) as the original poster would be, are considered to be aware of the retrospectivity aspect as Citizenship and Immigration Canada notified/ warned explicitly of that - the courts have agreed to warning/ notification in dismissing any other potential class actions now or in the future (as things stand).

I trust that helps.

[Quantum]

Yes, thanks.

[maple leaf]

If the minimum points go up before your application is processed (despite it being submitted) then it will be refused. Such retroactivity has been accepted by the courts as an acceptable tool by the government to meet its required immigration quotas.

NOT FAIR!

Applicants are deemed to have accepted such when submitting their application - it is pointed out in the application forms, the act and regulations thereof.

REALLY? SORRY I COULD NOT FOUND IT.

[Kayalami]

NOT FAIR!

Any government will operate an immigration policy that is in the best interests of its citizens and economic development. You do have the option to not apply if this is such an issue for you.

REALLY? SORRY I COULD NOT FOUND IT.

What can you not find and what is it you are looking for excactly?

[maple leaf]

NOT FAIR!

Any government will operate an immigration policy that is in the best interests of its citizens and economic development. You do have the option to not apply if this is such an issue for you.

REALLY? SORRY I COULD NOT FOUND IT.

What can you not find and what is it you are looking for excactly?

Thanks you but I am so sorry I still haven't found this policy. But it doesn't bother me too much as long as the score is not gona reach to over 80.

The thing really bother me is that I have not got any response from them since my posting of the application for such as long time, even don't know whether they have received it or not.