A Question of great concern

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Old Jun 12th 2002, 1:20 am
  #1  
Moms786
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Posts: n/a
Default A Question of great concern

I have 70 points according to new selection grid and my application is going thru
initial assessment. I recieved my AOR in April,2002. My question is, is there a way I
can get a job offer and increase my points to 75 passing mark? Do I still have to get
a validation thru HRDC, or a letter of employment from canadian company is enough
proof for the immigration officer? Please lead me to the right direction.

Thanks! )
 
Old Jun 12th 2002, 1:20 am
  #2  
Andrew Miller
Guest
 
Posts: n/a
Default Re: A Question of great concern

Applications are to be assessed as they were submitted, so getting now a job offer
will not really change the number of points you have. More - letter of employment
(informal job offer) has been removed from new regulations and only job offers
validated by HRDC (arranged employment) will give you 10 points. The only exemption
from HRDC validation requirement applies to those who are already working in Canada
on EA obtained through validation exempt program.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Moms786" <[email protected]> wrote in message
news:[email protected]...
    > I have 70 points according to new selection grid and my application is going thru
    > initial assessment. I recieved my AOR in April,2002. My question is, is there a way
    > I can get a job offer and increase my points to 75 passing mark?
Do
    > I still have to get a validation thru HRDC, or a letter of employment from canadian
    > company is enough proof for the immigration officer? Please lead me
to
    > the right direction.
    >
    > Thanks! )
 
Old Jun 13th 2002, 12:20 am
  #3  
Oficios Varios
Guest
 
Posts: n/a
Default Re: A Question of great concern

Hi Mr. Miller,

Although you're right, I think the poster can go ahead and try to get a formal Job
Offer, validated by HRDC. Let me explain why:

1. If he gets it, he may inform the visa office and there is still a chance that it
will be considered, getting the extra points. As I've seen, everything is left at
the discretion of the visa officer.

2. If he gets the job offer, he can get a work visa. Then he can withdraw the old
application, apply again, having a very good chance of getting his permanent
residence.

Oficios.

--
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Old Jun 13th 2002, 2:20 am
  #4  
None Noner
Guest
 
Posts: n/a
Default Re: A Question of great concern

    > 1. If he gets it, he may inform the visa office and there is still a chance that it
    > will be considered, getting the extra points. As I've seen, everything is left
    > at the discretion of the visa officer.

For the current application thats in processing, it dosnt make a difference. A visa
officer will evaluate your points based on the time the application was filed.
Subsequently getting a job does not mean that you will get the extra points for it.
It is only a matter that a visa officer may take into consideration to evaluate
adaptability.

    > 2. If he gets the job offer, he can get a work visa. Then he can withdraw the old
    > application, apply again, having a very good chance of getting his permanent
    > residence.
    >
He may withdraw the application but depending on where the processing stands, he will
probably not get a refund of his application fees (since he has already got the AOR)

--
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Old Jun 13th 2002, 7:05 am
  #5  
Forum Regular
 
Joined: Feb 2002
Posts: 145
levu is an unknown quantity at this point
Default Re: A Question of great concern

You can still get a refund after AOR. AOR isn't the assesment, the assesment is when they make the decision to give you an interview waiver or whether they decide to ask you to come for interview (or when they send a rejection).

Its absurd that visa officers bury their heads in the sand and pretend like the future doesn't exist particularly when these new regulations are implemented.


Assuming the person's case is just sitting perpetually "in Process", after AOR but before assesment; Do you mean to tell me that if someone submitted an application under the old rules and now want to send additional materials to strengthen their case in view of the new rules, that anything they send in will be ignored? Thats insane.

Imagine someone scored well enough to pass with just english before, and since the new regulations they need french too, so they go on a french course and then send in proof of basic french proficiency to try to score more points. Are you telling me that a visa officer will sit there and reject someone for having no french skills despite the fact he's holding their french certificate in his hand at the time?

They'll just reject cases and then force people to apply all over again which will only make the paper work pile even higher. These guys really do themselves no favours.
levu is offline  
Old Jun 13th 2002, 4:20 pm
  #6  
None Noner
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Posts: n/a
Default Re: A Question of great concern

    > You can still get a refund after AOR. AOR isn't the assesment, the assesment is
    > when they make the decision to give you an interview waiver or whether they decide
    > to ask you to come for interview (or when they send a rejection).

Fee refund information is found at

http://www.cic.gc.ca/english/irpa/faq-irpa.html#general

Yes, you can get a refund uptill the time the application has undergone paper
screening, and as I said, depending on where the application stands, you may or may
not get a refund. The paper screening may begin at any time after the initial AOR.

    > Assuming the person's case is just sitting perpetually "in Process", after AOR
    > but before assesment; Do you mean to tell me that if someone submitted an
    > application under the old rules and now want to send additional materials to
    > strengthen their case in view of the new rules, that anything they send in will
    > be ignored? Thats insane.

No it wont be ignored, it definately will be taken into consideration when evaluating
the application, but it will still not have an effect on the initial points assessed,
as the points are assigned according to the state at which the applicant stood when
the application was received.

    > Imagine someone scored well enough to pass with just english before, and since
    > the new regulations they need french too, so they go on a french course and then
    > send in proof of basic french proficiency to try to score more points. Are you
    > telling me that a visa officer will sit there and reject someone for having no
    > french skills despite the fact he's holding their french certificate in his hand
    > at the time?

Again, their initial assessment will take into account their profeciency at the time
the application was filed. If subsequently the application was processed and a
decision made before March 31, 2003; then it will still fall into the old point
system guidelines. On the other hand, if such a decision has not been made by March
31, 2003; and the applicant is not able to secure enough points based on the new
system, then depending on how many points are scored, the visa office may ask for a
personal interview, or request additional information to support the application, if
it has not already been provided.

--
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Old Jun 14th 2002, 11:20 pm
  #7  
Ivanhoe
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Posts: n/a
Default Re: A Question of great concern

Mr. Miller,

I am currently working in Canada on a validated EA; therefore I score 10 points in
the "arranged employment" factor plus 5 points in the "adaptability" factor plus
another 5 points in "adaptability" factor for having more than a years work
experience in Canada, giving me a total of 85 points. However, my contract at my
employer will expire in six months and the way things are currently, it doesn't seem
likely that it will be renewed, so I will have to return to India at the end of this
period. My question is, if I apply NOW from within Canada, will I still have 85
points when my application gets processed (although I would no longer be in Canada at
that time)? That is, would the converse of your statement below also hold true (that
as my application is assessed as it is submitted, the expiry of my employment
authorization should not change the number of points I have)?

If on the other hand I lose the 15 points for "arranged employment" and
"adaptibility" due to the expiry of my EA, would I gain additional points for other
skills I may have picked up in the meantime (such as learning French - something I
have always wanted to do)? If the answer is once again "NO", then it would seem to me
that CIC is trying to have it both ways to minimize my points total. I would
appreciate your comments on this.

Warm regards,

- John

Andrew Miller wrote:
    > Applications are to be assessed as they were submitted, so getting now a job offer
    > will not really change the number of points you have. More - letter of employment
    > (informal job offer) has been removed from new regulations and only job offers
    > validated by HRDC (arranged employment) will give you 10 points. The only exemption
    > from HRDC validation requirement applies to those who are already working in Canada
    > on EA obtained through validation exempt program.
    >
    > --
    >
    > ../..
    >
    > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > millercicanada.com (delete REMOVE and INVALID from the above address before
    > sending email)
    > ________________________________
 
Old Jun 15th 2002, 12:21 am
  #8  
Andrew Miller
Guest
 
Posts: n/a
Default Re: A Question of great concern

In your situation the following applies:

Arranged employment (10 points)

(2) Ten points shall be awarded to a skilled worker for arranged employment in
Canada if they are able to perform and are likely to accept and carry out the
employment and

(a) the skilled worker is in Canada and holds a work permit and

(i) there has been a determination by an officer under section that the performance
of the employment by the skilled worker would be likely to result in a neutral
or positive economic effect in Canada,

(ii) the skilled worker is currently working in that employment,

(iii) the work permit is valid for at least 12 months after the date of the
application for a permanent resident visa,

So, it doesn't look like you'll be awarded 10 points as your contract (and
subsequently EA) expires in 6 months.

You also misunderstood the statement I made - yes, applications are assessed on the
basis of facts as they were on the time of application - but it doesn't mean that you
can hold on to what you calculated. New law clearly says that applicants must meet
selection criteria not only at the time of application but also at the time when visa
is issued.

BTW, what was your reason for not applying sooner? Even under the old law in order to
get 10 points for arranged employment your EA (and contract) had to be valid for at
least 12 months beyond immigration application date.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Ivanhoe" <[email protected]> wrote in message
news:[email protected]...
    > Mr. Miller,
    >
    > I am currently working in Canada on a validated EA; therefore I score 10 points in
    > the "arranged employment" factor plus 5 points in the "adaptability" factor plus
    > another 5 points in "adaptability" factor for having more than a years work
    > experience in Canada, giving me a total of 85 points. However, my contract at my
    > employer will expire in six months and the way things are currently, it doesn't
    > seem likely that it will be renewed, so I will have to return to India at the end
    > of this period. My question is, if I apply NOW from within Canada, will I still
    > have 85 points when my application gets processed (although I would no longer be in
    > Canada at that time)? That is, would the converse of your statement below also hold
    > true (that as my application is assessed as it is submitted, the expiry of my
    > employment authorization should not change the number of points I have)?
    >
    > If on the other hand I lose the 15 points for "arranged employment" and
    > "adaptibility" due to the expiry of my EA, would I gain additional points for other
    > skills I may have picked up in the meantime (such as learning French - something I
    > have always wanted to do)? If the answer is once again "NO", then it would seem to
    > me that CIC is trying to have it both ways to minimize my points total. I would
    > appreciate your comments on this.
    >
    > Warm regards,
    >
    > - John
    >
    > Andrew Miller wrote:
    > > Applications are to be assessed as they were submitted, so getting now a
job
    > > offer will not really change the number of points you have. More - letter
of
    > > employment (informal job offer) has been removed from new regulations and
only
    > > job offers validated by HRDC (arranged employment) will give you 10 points. The
    > > only exemption from HRDC validation requirement applies to those who
are
    > > already working in Canada on EA obtained through validation exempt program.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > > millercicanada.com (delete REMOVE and INVALID from the above address before
    > > sending email)
    > > ________________________________
 
Old Jun 15th 2002, 4:43 am
  #9  
BE Enthusiast
 
Joined: Mar 2002
Posts: 320
hanu is an unknown quantity at this point
Default Re: A Question of great concern

Here is the scenario :
After the assessment you are called for interview at say - a Visa Post in the US(applied when you were working there) and now you have moved back to India .In addition,Also you are denied a visitor visa to US from India for attending the interview

Does it mean :
1.Your file is removed from the system and you have to reapply again with the new passmark of "75"?
2.Can you request transfer the file to India after you cant make it to US visa post for the interview and what will be the passmark ?if transferred,will it continued to be assessed under the old law in New Delhi as well after March 2003 as it was initially assessed at Buffalo in Sept 2002 ?

3. On transfer,will they consider your french abillity and matrial status(single and no french knowledge when applied but married and learnt french after application was submitted ) to re-calculate the points when the file is again assessed at New Delhi(second assessment after Buffalo ) or the points will remain the same as when the application was submitted at Buffalo ( single and no french abillity)?
Thanks in advance :Mr Miller...please help .






Originally posted by None Noner
    <i><font size=-2 color=darkgreen>> You can still get a refund after AOR. AOR isn't the assesment, the assesment is</font></i>
    <i><font size=-2 color=darkgreen>> when they make the decision to give you an interview waiver or whether they decide</font></i>
    <i><font size=-2 color=darkgreen>> to ask you to come for interview (or when they send a rejection).</font></i>

Fee refund information is found at

http://www.cic.gc.ca/english/irpa/faq-irpa.html#general

Yes, you can get a refund uptill the time the application has undergone paper
screening, and as I said, depending on where the application stands, you may or may
not get a refund. The paper screening may begin at any time after the initial AOR.

    <i><font size=-2 color=darkgreen>> Assuming the person's case is just sitting perpetually "in Process", after AOR</font></i>
    <i><font size=-2 color=darkgreen>> but before assesment; Do you mean to tell me that if someone submitted an</font></i>
    <i><font size=-2 color=darkgreen>> application under the old rules and now want to send additional materials to</font></i>
    <i><font size=-2 color=darkgreen>> strengthen their case in view of the new rules, that anything they send in will</font></i>
    <i><font size=-2 color=darkgreen>> be ignored? Thats insane.</font></i>

No it wont be ignored, it definately will be taken into consideration when evaluating
the application, but it will still not have an effect on the initial points assessed,
as the points are assigned according to the state at which the applicant stood when
the application was received.

    <i><font size=-2 color=darkgreen>> Imagine someone scored well enough to pass with just english before, and since</font></i>
    <i><font size=-2 color=darkgreen>> the new regulations they need french too, so they go on a french course and then</font></i>
    <i><font size=-2 color=darkgreen>> send in proof of basic french proficiency to try to score more points. Are you</font></i>
    <i><font size=-2 color=darkgreen>> telling me that a visa officer will sit there and reject someone for having no</font></i>
    <i><font size=-2 color=darkgreen>> french skills despite the fact he's holding their french certificate in his hand</font></i>
    <i><font size=-2 color=darkgreen>> at the time?</font></i>

Again, their initial assessment will take into account their profeciency at the time
the application was filed. If subsequently the application was processed and a
decision made before March 31, 2003; then it will still fall into the old point
system guidelines. On the other hand, if such a decision has not been made by March
31, 2003; and the applicant is not able to secure enough points based on the new
system, then depending on how many points are scored, the visa office may ask for a
personal interview, or request additional information to support the application, if
it has not already been provided.

--
Posted via Mailgate.ORG Server - http://www.Mailgate.ORG
hanu is offline  
Old Jun 15th 2002, 7:21 am
  #10  
Andrew Miller
Guest
 
Posts: n/a
Default Re: A Question of great concern

No, your case will continue as it was applied for and transition rules will still
apply. You won't have a chance for the interview to be held in New Delhi before March
31, 2003, so you will be assessed under new selection criteria with the pass mark of
70 points if your application was originally submitted before December 31, 2001.

Nothing will change on transfer in respect to your qualifications - they will still
be assessed as per original application, although during the interview and selection
decision processing officer may (but is not required to) consider additional factors.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"hanu" <[email protected]> wrote in message
news:[email protected]...
    > Here is the scenario : After the assessment you are called for interview at say - a
    > Visa Post in the US(applied when you were working there) and now you have moved
    > back to India .In addition,Also you are denied a visitor visa to US from India for
    > attending the interview
    >
    > Does it mean :
    > 1.Your file is removed from the system and you have to reapply again with the new
    > passmark of "75"?
    > 2.Can you request transfer the file to India after you cant make it to US visa post
    > for the interview and what will be the passmark ?if transferred,will it continued
    > to be assessed under the old law in New Delhi as well after March 2003 as it was
    > initially assessed at Buffalo in Sept 2002 ?
    >
    > 3. On transfer,will they consider your french abillity and matrial status(single
    > and no french knowledge when applied but married and learnt french after
    > application was submitted ) to re-calculate the points when the file is again
    > assessed at New Delhi(second assessment after Buffalo ) or the points will
    > remain the same as when the application was submitted at Buffalo ( single and no
    > french abillity)? Thanks in advance :Mr Miller...please help .
    >
    >
    >
    >
    >
    >
    >
    >
    >
    > --
    > Posted via http://britishexpats.com
 
Old Jun 15th 2002, 5:20 pm
  #11  
Er
Guest
 
Posts: n/a
Default Re: A Question of great concern

Dear Mr Miller,

I am curently working in Canada on EA, my contract is 3 years, but on 1 year rolling
basis, hence my EA is also on 1-year basis, is it ture that I will never get the
moment when I submit my aplication, I have my EA valid for at least 12 months?

"Andrew Miller" <millercitelus.net> wrote in message
news:<[email protected] >...
    > In your situation the following applies:
    >

    > Arranged employment (10 points)
    >
    > (2) Ten points shall be awarded to a skilled worker for arranged employment in
    > Canada if they are able to perform and are likely to accept and carry out the
    > employment and
    >
    > (a) the skilled worker is in Canada and holds a work permit and
    >
    > (i) there has been a determination by an officer under section that the
    > performance of the employment by the skilled worker would be likely to result
    > in a neutral or positive economic effect in Canada,
    >
    > (ii) the skilled worker is currently working in that employment,
    >
    > (iii) the work permit is valid for at least 12 months after the date of the
    > application for a permanent resident visa,

    >
    > So, it doesn't look like you'll be awarded 10 points as your contract (and
    > subsequently EA) expires in 6 months.
    >
    > You also misunderstood the statement I made - yes, applications are assessed on the
    > basis of facts as they were on the time of application - but it doesn't mean that
    > you can hold on to what you calculated. New law clearly says that applicants must
    > meet selection criteria not only at the time of application but also at the time
    > when visa is issued.
    >
    > BTW, what was your reason for not applying sooner? Even under the old law in order
    > to get 10 points for arranged employment your EA (and contract) had to be valid for
    > at least 12 months beyond immigration application date.
    >
    > --
    >
    > ../..
    >
    > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > millercicanada.com (delete REMOVE and INVALID from the above address before
    > sending email)
    > ________________________________
    >
    >
    >
    > "Ivanhoe" <[email protected]> wrote in message
    > news:[email protected]...
    > > Mr. Miller,
    > >
    > > I am currently working in Canada on a validated EA; therefore I score 10 points
    > > in the "arranged employment" factor plus 5 points in the "adaptability" factor
    > > plus another 5 points in "adaptability" factor for having more than a years work
    > > experience in Canada, giving me a total of 85 points. However, my contract at my
    > > employer will expire in six months and the way things are currently, it doesn't
    > > seem likely that it will be renewed, so I will have to return to India at the end
    > > of this period. My question is, if I apply NOW from within Canada, will I still
    > > have 85 points when my application gets processed (although I would no longer be
    > > in Canada at that time)? That is, would the converse of your statement below also
    > > hold true (that as my application is assessed as it is submitted, the expiry of
    > > my employment authorization should not change the number of points I have)?
    > >
    > > If on the other hand I lose the 15 points for "arranged employment" and
    > > "adaptibility" due to the expiry of my EA, would I gain additional points for
    > > other skills I may have picked up in the meantime (such as learning French -
    > > something I have always wanted to do)? If the answer is once again "NO", then it
    > > would seem to me that CIC is trying to have it both ways to minimize my points
    > > total. I would appreciate your comments on this.
    > >
    > > Warm regards,
    > >
    > > - John
    > >
    > > Andrew Miller wrote:
    > > > Applications are to be assessed as they were submitted, so getting now a
    > job
    > > > offer will not really change the number of points you have. More - letter
    > of
    > > > employment (informal job offer) has been removed from new regulations and
    > only
    > > > job offers validated by HRDC (arranged employment) will give you 10 points. The
    > > > only exemption from HRDC validation requirement applies to those who
    > are
    > > > already working in Canada on EA obtained through validation exempt program.
    > > >
    > > > --
    > > >
    > > > ../..
    > > >
    > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > > > millercicanada.com (delete REMOVE and INVALID from the above address before
    > > > sending email)
    > > > ________________________________
 
Old Jun 15th 2002, 5:20 pm
  #12  
Andrew Miller
Guest
 
Posts: n/a
Default Re: A Question of great concern

It looks that way, unless you convince your employer to change contract and then
extend EA accordingly.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"er" <[email protected]> wrote in message
news:[email protected]...
    > Dear Mr Miller,
    >
    > I am curently working in Canada on EA, my contract is 3 years, but on 1 year
    > rolling basis, hence my EA is also on 1-year basis, is it ture that I will
    > never get the moment when I submit my aplication, I have my EA valid for at
    > least 12 months?
    >
    >
    > "Andrew Miller" <millercitelus.net> wrote in message
news:<[email protected] >...
    > > In your situation the following applies:
    > >

    > > Arranged employment (10 points)
    > >
    > > (2) Ten points shall be awarded to a skilled worker for arranged employment
in
    > > Canada if they are able to perform and are likely to accept and carry out
the
    > > employment and
    > >
    > > (a) the skilled worker is in Canada and holds a work permit and
    > >
    > > (i) there has been a determination by an officer under section that the
    > > performance of the employment by the skilled worker would be likely to
result
    > > in a neutral or positive economic effect in Canada,
    > >
    > > (ii) the skilled worker is currently working in that employment,
    > >
    > > (iii) the work permit is valid for at least 12 months after the date of the
    > > application for a permanent resident visa,

    > >
    > > So, it doesn't look like you'll be awarded 10 points as your contract (and
    > > subsequently EA) expires in 6 months.
    > >
    > > You also misunderstood the statement I made - yes, applications are
assessed on
    > > the basis of facts as they were on the time of application - but it doesn't mean
    > > that you can hold on to what you calculated. New law clearly says that applicants
    > > must meet selection criteria not only at the time of application
but
    > > also at the time when visa is issued.
    > >
    > > BTW, what was your reason for not applying sooner? Even under the old law
in
    > > order to get 10 points for arranged employment your EA (and contract) had
to be
    > > valid for at least 12 months beyond immigration application date.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > > millercicanada.com (delete REMOVE and INVALID from the above address before
    > > sending email)
    > > ________________________________
    > >
    > >
    > >
    > > "Ivanhoe" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > Mr. Miller,
    > > >
    > > > I am currently working in Canada on a validated EA; therefore I score 10 points
    > > > in the "arranged employment" factor plus 5 points in the "adaptability" factor
    > > > plus another 5 points in "adaptability" factor for having more than a years
    > > > work experience in Canada, giving me a total of 85 points. However, my contract
    > > > at my employer will expire in six months and the way things are currently, it
    > > > doesn't seem likely that it will be renewed, so I will have to return to India
    > > > at the end of this period. My question is, if I apply NOW from within Canada,
    > > > will I still have 85 points when my application gets processed (although I
    > > > would no longer be in Canada at that time)? That is, would the converse of your
    > > > statement below also hold true (that as my application is assessed as it is
    > > > submitted, the expiry of my employment authorization should not change the
    > > > number of points I have)?
    > > >
    > > > If on the other hand I lose the 15 points for "arranged employment" and
    > > > "adaptibility" due to the expiry of my EA, would I gain additional points for
    > > > other skills I may have picked up in the meantime (such as learning French -
    > > > something I have always wanted to do)? If the answer is once again "NO", then
    > > > it would seem to me that CIC is trying to have it both ways to minimize my
    > > > points total. I would appreciate your comments on this.
    > > >
    > > > Warm regards,
    > > >
    > > > - John
    > > >
    > > > Andrew Miller wrote:
    > > > > Applications are to be assessed as they were submitted, so getting now
a
    > > job
    > > > > offer will not really change the number of points you have. More -
letter
    > > of
    > > > > employment (informal job offer) has been removed from new regulations
and
    > > only
    > > > > job offers validated by HRDC (arranged employment) will give you 10
points.
    > > > > The only exemption from HRDC validation requirement applies to those
who
    > > are
    > > > > already working in Canada on EA obtained through validation exempt
program.
    > > > >
    > > > > --
    > > > >
    > > > > ../..
    > > > >
    > > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > > > > millercicanada.com (delete REMOVE and INVALID from the above address before
    > > > > sending email)
    > > > > ________________________________
 
Old Jun 15th 2002, 5:20 pm
  #13  
Andrew Miller
Guest
 
Posts: n/a
Default Re: A Question of great concern

P.S.

Please note that new law is not even implemented yet and it is more than sure that
there will be a lot of cases not perfectly fitting into the letter of new rules but
which may fit into the intention of the law. In such circumstances certain matters
may be micro-managed by Operational Memoranda and we will see a lot of those in
coming months.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Andrew Miller" <millercitelus.net> wrote in message
news:[email protected]...
    > It looks that way, unless you convince your employer to change contract and then
    > extend EA accordingly.
    >
    > --
    >
    > ../..
    >
    > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > millercicanada.com (delete REMOVE and INVALID from the above address before
    > sending email)
    > ________________________________
    >
    >
    >
    > "er" <[email protected]> wrote in message
    > news:[email protected]...
    > > Dear Mr Miller,
    > >
    > > I am curently working in Canada on EA, my contract is 3 years, but on 1 year
    > > rolling basis, hence my EA is also on 1-year basis, is it ture that I will never
    > > get the moment when I submit my aplication, I have my EA valid for at least 12
    > > months?
    > >
    > >
    > > "Andrew Miller" <millercitelus.net> wrote in message
    > news:<[email protected] >...
    > > > In your situation the following applies:
    > > >

    > > > Arranged employment (10 points)
    > > >
    > > > (2) Ten points shall be awarded to a skilled worker for arranged
employment
    > in
    > > > Canada if they are able to perform and are likely to accept and carry out
    > the
    > > > employment and
    > > >
    > > > (a) the skilled worker is in Canada and holds a work permit and
    > > >
    > > > (i) there has been a determination by an officer under section that the
    > > > performance of the employment by the skilled worker would be likely to
    > result
    > > > in a neutral or positive economic effect in Canada,
    > > >
    > > > (ii) the skilled worker is currently working in that employment,
    > > >
    > > > (iii) the work permit is valid for at least 12 months after the date of
the
    > > > application for a permanent resident visa,

    > > >
    > > > So, it doesn't look like you'll be awarded 10 points as your contract
(and
    > > > subsequently EA) expires in 6 months.
    > > >
    > > > You also misunderstood the statement I made - yes, applications are
    > assessed on
    > > > the basis of facts as they were on the time of application - but it
doesn't
    > > > mean that you can hold on to what you calculated. New law clearly says
that
    > > > applicants must meet selection criteria not only at the time of
application
    > but
    > > > also at the time when visa is issued.
    > > >
    > > > BTW, what was your reason for not applying sooner? Even under the old law
    > in
    > > > order to get 10 points for arranged employment your EA (and contract) had
    > to be
    > > > valid for at least 12 months beyond immigration application date.
    > > >
    > > > --
    > > >
    > > > ../..
    > > >
    > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > > > millercicanada.com (delete REMOVE and INVALID from the above address before
    > > > sending email)
    > > > ________________________________
    > > >
    > > >
    > > >
    > > > "Ivanhoe" <[email protected]> wrote in message
    > > > news:[email protected]...
    > > > > Mr. Miller,
    > > > >
    > > > > I am currently working in Canada on a validated EA; therefore I score 10
    > > > > points in the "arranged employment" factor plus 5 points in the
    > > > > "adaptability" factor plus another 5 points in "adaptability" factor for
    > > > > having more than a years work experience in Canada, giving me a total of 85
    > > > > points. However, my contract at my employer will expire in six months and the
    > > > > way things are currently, it doesn't seem likely that it will be renewed, so
    > > > > I will have to return to India at the end of this period. My question is, if
    > > > > I apply NOW from within Canada, will I still have 85 points when my
    > > > > application gets processed (although I would no longer be in Canada at that
    > > > > time)? That is, would the converse of your statement below also hold true
    > > > > (that as my application is assessed as it is submitted, the expiry of my
    > > > > employment authorization should not change the number of points I have)?
    > > > >
    > > > > If on the other hand I lose the 15 points for "arranged employment" and
    > > > > "adaptibility" due to the expiry of my EA, would I gain additional points for
    > > > > other skills I may have picked up in the meantime (such as learning French -
    > > > > something I have always wanted to do)? If the answer is once again "NO", then
    > > > > it would seem to me that CIC is trying to have it both ways to minimize my
    > > > > points total. I would appreciate your comments on this.
    > > > >
    > > > > Warm regards,
    > > > >
    > > > > - John
    > > > >
    > > > > Andrew Miller wrote:
    > > > > > Applications are to be assessed as they were submitted, so getting
now
    > a
    > > > job
    > > > > > offer will not really change the number of points you have. More -
    > letter
    > > > of
    > > > > > employment (informal job offer) has been removed from new regulations
    > and
    > > > only
    > > > > > job offers validated by HRDC (arranged employment) will give you 10
    > points.
    > > > > > The only exemption from HRDC validation requirement applies to those
    > who
    > > > are
    > > > > > already working in Canada on EA obtained through validation exempt
    > program.
    > > > > >
    > > > > > --
    > > > > >
    > > > > > ../..
    > > > > >
    > > > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > > > > > millercicanada.com (delete REMOVE and INVALID from the above address before
    > > > > > sending email)
    > > > > > ________________________________
 
Old Jun 16th 2002, 3:20 am
  #14  
Er
Guest
 
Posts: n/a
Default Re: A Question of great concern

Dear Andrew,

Can you please clarify the difference of the letter of law and the intention of the
law for EA that should be valid for 12+months at the time when application is
submmited? As far as I can read from the explaination in the regulations, it says
that the job should be anticipated to last at least 12 months, and at the time the
assessment is conducted, the applicant should still be with same employer. I will for
sure stay here for 3 years (might be more, I know my employer likes me). In fact I
did do a research into why my 3-year contract is on yearly basis before I came to
Canada, as far as I can find, it is just a standard contract my employer offers to
everybody, but the reality is, no body is terminated, if you do not quit.

As far as I can remember, you mentioned that Canada is working for intention of the
law, which is better than US system. Will the contract/offer letter plus EA of 11
months validation (at the time aplication is made) fit the intention of the law here?

"Andrew Miller" <millercitelus.net> wrote in message
news:<[email protected] >...
    > P.S.
    >
    > Please note that new law is not even implemented yet and it is more than sure that
    > there will be a lot of cases not perfectly fitting into the letter of new rules but
    > which may fit into the intention of the law. In such circumstances certain matters
    > may be micro-managed by Operational Memoranda and we will see a lot of those in
    > coming months.
 
Old Jun 16th 2002, 4:20 am
  #15  
Andrew Miller
Guest
 
Posts: n/a
Default Re: A Question of great concern

I can't say at this time, nobody really can yet, sorry...

You better talk to your employer, get a new contract and extend your EA fast.
Intention or not the intention of the law - it will take some time for things to
settle and be properly adjusted.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"er" <[email protected]> wrote in message
news:[email protected]...
    > Dear Andrew,
    >
    > Can you please clarify the difference of the letter of law and the intention of the
    > law for EA that should be valid for 12+months at the time when application is
    > submmited? As far as I can read from the explaination in the regulations, it says
    > that the job should be anticipated to last at least 12 months, and at the time the
    > assessment is conducted, the applicant should still be with same employer. I will
    > for sure stay here for 3 years (might be more, I know my employer likes me). In
    > fact I did do a research into why my 3-year contract is on yearly basis before I
    > came to Canada, as far as I can find, it is just a standard contract my employer
    > offers to everybody, but the reality is, no body is terminated, if you do not quit.
    >
    > As far as I can remember, you mentioned that Canada is working for intention of
    > the law, which is better than US system. Will the contract/offer letter plus EA
    > of 11 months validation (at the time aplication is made) fit the intention of the
    > law here?
    >
    >
    > "Andrew Miller" <millercitelus.net> wrote in message
news:<[email protected] >...
    > > P.S.
    > >
    > > Please note that new law is not even implemented yet and it is more than
sure
    > > that there will be a lot of cases not perfectly fitting into the letter of
new
    > > rules but which may fit into the intention of the law. In such
circumstances
    > > certain matters may be micro-managed by Operational Memoranda and we will
see a
    > > lot of those in coming months.
 

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