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Substituted Evaluation-R76(3) for TWP

Substituted Evaluation-R76(3) for TWP

Old May 13th 2008, 1:05 am
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desertbuddy will become famous soon enoughdesertbuddy will become famous soon enough
Default Substituted Evaluation-R76(3) for TWP

I would like to clarify whether the use of the substituted evaluation can be applied as well to applicant of Work Permits under the TWP?

Federal Court case law indicates that if an applicant or their representative requests orally or in writing that the officer consider exercising these powers in the applicant’s favour, officers must examine the circumstances. There is no requirement that an interview be conducted in all cases when the applicant did not make a compelling case for substituted evaluation. If officers do not consider substituted evaluation appropriate in the circumstances, they should indicate this in file notes and in the refusal letter. Officers do not need the concurrence of the designated officer to deny requests for the use of positive substituted evaluation.
quoted from http://www.cic.gc.ca/english/resourc...s/op/op06e.pdf
Any opinion people...immigration experts.

Last edited by desertbuddy; May 13th 2008 at 1:41 am.
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Old May 13th 2008, 1:42 am
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Default Re: Substituted Evaluation-R76(3) for TWP

You quoted it from OP06 - it is the chapter with instructions to process PR applications in federal SW class. It has absolutely nothing to do with TWP applications.

Same with R76 - everything in Regulations from R53 through R178 applies to Permanent Residency matters (PR cards, applications for PR, etc.) and has nothing to do with Temporary Residency.

There is no substitute evaluation nor appeal process in any temporary permits applications processes.

It would be smarter if you would simply describe your problem here, instead of fishing for something on your own, without really knowing what you are doing.

Last edited by Andrew Miller; May 13th 2008 at 1:47 am.
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Old May 13th 2008, 1:56 am
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Default Re: Substituted Evaluation-R76(3) for TWP

I did indicate on the post the CIC Manual where I quoted the statement, knowing very well that it is under the SW. I was asking whether its also applicable to TWP, since I did not find in the CIC Manuals the process in assessing applications for WP.
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Old May 13th 2008, 3:05 am
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Default Re: Substituted Evaluation-R76(3) for TWP

You were not looking hard enough - it is where all other manuals are.

How anything in Regulations dealing specifically with PR's can be applicable to temporary permits? R179 through R222 deal with temporary permits.

Why won't you explain your problem here? Only when you do you can get proper advice - fishing never works.
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