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Author Topic: IN IELTS one High Three moderate is it OK?  (Read 644 times)
assiwassi
Star Member
****
Posts: 51


« on: June 03, 2009, 01:14:34 am »

Pls clarify the above results if it ok for getting sucess in PR
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BobbyB
Hero Member
*****
Posts: 1346


« Reply #1 on: July 05, 2009, 05:43:28 pm »

It is OK as long as you can live with 10 points!!!
 1 HIGH=4 Points
 3 Moderate=3*2=6 Points
Logged

"It is not the strongest of the species that survives, nor the most intelligent, but the one most responsive to change".-Darwin. To become successful you must be a person of action.Merely to "know" is not sufficient.It is necessary to both know and do.
Rani Mukherjee
Member
**
Posts: 17


« Reply #2 on: July 06, 2009, 06:44:02 am »

It is OK as long as you can live with 10 points!!!
 1 HIGH=4 Points
 3 Moderate=3*2=6 Points

Hello Bobby, suppose one applicant has got one high and rest of them moderate in the IELTS exam or one moderate and rest of them high and as a result, the total passmark has gone below 67. Does CHC refuse the application?

thanks.
« Last Edit: July 06, 2009, 06:49:18 am by Rani Mukherjee » Logged
PMM
VIP Member
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Posts: 6581


« Reply #3 on: July 06, 2009, 01:37:37 pm »

Hi

It is OK as long as you can live with 10 points!!!
 1 HIGH=4 Points
 3 Moderate=3*2=6 Points

Hello Bobby, suppose one applicant has got one high and rest of them moderate in the IELTS exam or one moderate and rest of them high and as a result, the total passmark has gone below 67. Does CHC refuse the application?

thanks.

Yes, in 99.99% of cases.

PMM
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BobbyB
Hero Member
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Posts: 1346


« Reply #4 on: July 06, 2009, 07:34:24 pm »

PMM is 100% correct. The 67 Points must be met, although there is what you call the positive and negative substitution power of the IO, which he may exercise, if he wishes to. Below is the reason why PMM has said for 99.9% of the cases and not 100% of the cases.
 
11.       Procedure: Determining eligibility

11.1.     The pass mark

         R76(2) empowers the Minister to set the “minimum number of points required of a skilled worker”
         – or, as it is more commonly known, the “pass mark”.

         The pass mark was last set on September 18, 2003 at 67 points.

         To determine the most up-to-date pass mark, consult the Web site at
         http://www.cic.gc.ca/english/immigrate/skilled/index.asp.

         Total the applicant's points in the six selection factors.

               If ...                                      Then the officer will ...

The applicant's total score is          •  approve the application; or
equal to or greater than the
                                                     • consider substituted evaluation (Section 11.3).
pass mark

The applicant's total score is          •  refuse the application; or
less than the pass mark
                                                    • consider substituted evaluation (Section 11.3).

The officer is unable to make a     •  request in writing specific information or documentation to
decision due to lack of                 clarify; or
information or documentation,
                                                    • consider a personal interview (Section 11.2).
or there are doubts as to the
legitimacy of the documents
submitted

11.2.     Use of interviews

         Selection standards are objective and clearly defined, and eligibility can be assessed in
         straightforward cases through the information provided on the application for permanent
         residence forms and the accompanying supporting documentation.

         In most cases, officers should be able to make selection decisions—either to approve or refuse
         applications—from the documentation provided. However, in some cases, an interview may be
         necessary.

         Any concerns officers have regarding the accuracy or authenticity of information or documentation
         should be communicated to the applicant, whether these concerns are raised as the result of site
         visits, telephone checks or other means. Concerns can be communicated to the applicant in
         writing or at interview.

         Officers may conduct interviews with applicants to:

         •  ensure that information submitted on the application is truthful and complete;

         •  detect and deter fraudulent information and documents;

         •  clarify specific information;

         •  conduct quality control.

         Officers may not conduct interviews to:

         •  assess language abilities;

         •  determine personal suitability (as this factor no longer exists).

Note:    Visa offices will be expected to undertake both targeted and random verifications to detect and
    deter fraud. The number and percentage of cases subjected to verification should be high enough to
    act as a meaningful disincentive to those who would attempt such practices. A40 makes material
     misrepresentation a grounds for inadmissibility in its own right and prescribes a two-year ban on those
     both directly and indirectly involved in such practices.

         Interviews, site visits and telephone checks have proven to be the most effective ways to detect
         and to combat fraud. The information gained at interviews where fraud is detected will help
         officers to identify current trends and patterns and to refine their profiles for ongoing use.

11.3.     Substituted evaluation

         R76(3) makes possible substituted evaluation by an officer. 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 override inadmissibility and grant
         admission to Canada 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
« Last Edit: July 06, 2009, 07:38:23 pm by BobbyB » Logged

"It is not the strongest of the species that survives, nor the most intelligent, but the one most responsive to change".-Darwin. To become successful you must be a person of action.Merely to "know" is not sufficient.It is necessary to both know and do.
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