Chance for Approval

[joyort05]

I will know the result this end of March. I applied year 2006 and my Immigration Consultant found out that I lacked 2 pts since I do not have a relative in Canada and I failed to meet the required points in IELTS. My application still on progress and the approval will depends on the immigration authority. I waited for more than 2 years.

 

[zelgre]

did you already submit your medicals? and to which office did you apply?

 

[joyort05]

There's no medical yet. According to our immigration consultant that's the next step after the immigration reviewed our updated documents. I submitted all my updated documents to an immigration lawyer located in Qatar. He advised us to wait and see after this March. Where can I find the immigration law procedure of Canada? Is it true that there's a section about merit or mercy about my case?

 

[PMM]

Hi

There's no medical yet. According to our immigration consultant that's the next step after the immigration reviewed our updated documents. I submitted all my updated documents to an immigration lawyer located in Qatar. He advised us to wait and see after this March. Where can I find the immigration law procedure of Canada? Is it true that there's a section about merit or mercy about my case?

No "mercy" you don't qualify, you get refused, you lawyer should have requested substituted evaluation with your application, if not you don't have a chance.

PMM

 

[k1940b]

I am just wondering what is"substituted evaluation" and how the candidate would have predicted the numerical score on his application?

 

[rupeshhari]

i am also wondering how the applicant predicted the numerical score at the time of application (did s/he not know that s/he didn't have a relative in Canada? and his consultant didn't help him/her?)

http://www.cic.gc.ca/EnGLIsh/resources/manuals/op/op06-eng.pdf page 34 talks more about about substituted evaluation.

 

[k1940b]

"Substituted Evalution" is given by the Assessment Officer to approve or disapprove the application when discretionary powers are used irrespective of the candidate's score. How can the lawyer or consultant can request even before the application has been assesed?

 

[PMM]

Hi

"Substituted Evalution" is given by the Assessment Officer to approve or disapprove the application when discretionary powers are used irrespective of the candidate's score. How can the lawyer or consultant can request even before the application has been assesed?

Any half decent lawyer/consultant should be able to figure out the points, if they can't count to 67 then don't hire them. If you are short a point or two a statement requesting substituted evaluation has to included with the application explaining why the points don't reflect your ability to settle in Canada.

PMM

 

[k1940b]

This should be an "apeal" after the decision is conveyed to the applicant. Not before. There is no provision to apply with a substituted judgement. It is always given by the AO and not the candidate or the lawyer when submitting application.It is only in cases of English language where it is documentary submission and not substituted judgement. I would be surprised that a person who cannot get 67 marks will pass with substitution unless he is extraordinary in other required talents.

 

[PMM]

Hi

This should be an "apeal" after the decision is conveyed to the applicant. Not before. There is no provision to apply with a substituted judgement. It is always given by the AO and not the candidate or the lawyer when submitting application.It is only in cases of English language where it is documentary submission and not substituted judgement. I would be surprised that a person who cannot get 67 marks will pass with substitution unless he is extraordinary in other required talents.

I suggest you read the OP 06 processing manual http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf specifically section 11.2 on Substituted evaluation you may change your tune.

PMM

 

[newcomer]

Hi PMM, thanks for ur encouraging info.Although i calculate my points above 67 but u never know what cic awards u (especially about experience or education points).i am expecting a documents update shortly, so at the time of submission of my documents can I request CIC for even for subtituted evaluation(in case if i m not granted the required points by cic),although I ll be claiming at least 67?
.Secondly wht r the chances of getting subtituted evaluation ?
Can a good job, impressive financial status of the applicant in the home country,much more than required funds n a very well financially settled relative in Canada could be the factors that can compell the IO to grant me subtituted evaluation?
If yes shd I write a letter to CIC ,stating all these factors ,n submit it alongwith my documents requested.
Actually i dnt want to take any risk n not want to leave any stone unturned ,what do u think?
Regards

 

[PMM]

Hi

Hi PMM, thanks for ur encouraging info.Although i calculate my points above 67 but u never know what cic awards u (especially about experience or education points).i am expecting a documents update shortly, so at the time of submission of my documents can I request CIC for even for subtituted evaluation(in case if i m not granted the required points by cic),although I ll be claiming at least 67?
.Secondly wht r the chances of getting subtituted evaluation ?
Can a good job, impressive financial status of the applicant in the home country,much more than required funds n a very well financially settled relative in Canada could be the factors that can compell the IO to grant me subtituted evaluation?
If yes shd I write a letter to CIC ,stating all these factors ,n submit it alongwith my documents requested.
Actually i dnt want to take any risk n not want to leave any stone unturned ,what do u think?
Regards

If you are absolutely positive you have more than 67 points, then it is not require, if you are on the borderline I would write the letter.

PMM

 

[migwelder]

If you are short of the 67 points, you can write a cover letter to the immigration officer explaining that you are sure to estaclish yourself in Canada and then the officer will then use the substituted evaluation.

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.

 

[newcomer]

Thanks very much both of u.

 

[joyort05]

Thanks for the advise

For those who replied thanks for your encouragement and let's continue to hope for a brighter future. The battle is not over yet!

I wish you all the best!