Applicants who submit files prior to June 28, 2002, have a chance of being locked into the "old system" (the present system), and subsequently only being assessed under the new system if it is to that applicant's benefit. This will depend on whether or not the Canadian Government decides to apply the new rules retroactively (backwards) on June 28, 2002. For now, the Canadian Government has indicated that they will indeed apply the new rules retroactively, whether or not it is to the applicant's benefit. But the Canadian Government may change their mind on that point, due to some strongly expressed resistance to the idea of retroactivity (and the inherent unfairness of such a policy).Under the new system as described in Bill C11, there appears to be 2 distinct methods by which one may qualify as a Skilled Worker for Permanent Residency to Canada.
In the first method, one would be required to demonstrate a total of 80 points. The fact that the required point total has been raised so high effectively means that less applicants will qualify by achieving the required points.
In the second method, one would be required to demonstrate a work and education history, or background, that clearly shows the qualities of "adaptability" and motivation to succeed. This method relies upon the Immigration Officer using what is called "positive discretion". When using positive discretion, the officer, will be able to make a decision to approve the application for Permanent Residency, regardless of whether or not the applicant has acheived the required 80 points.
It is expected that most applicants will qualify through the use of positive discretion, rather than points. The chances of Positive discretion being utilized can be increased through a number of factors, including providing a well prepared application, that clearly conveys a sense of professionalism, and highlights one's achievements.
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CAMPBELL, COHEN - attorneys at law
tel:514.937.9445 / fax:514.937.2618
info@canadavisa.com
http://www.canadavisa.com