Does extra make your case stronger?

[New2Canada]

I see people on this forum saying certain things can make one's case stronger or it will be seen in positive light. Some examples are,
1) spouse knowing English/French,
2) Certification that are not recognized by government (or not absolutely necessary in one's job),
3) Having a cousin as a PR or citizen of Canada,
4) Having more than one masters degree (even if you already have 17 years with one masters degree).

I don't think these things make your case stronger.

Rup made a good point. Either you have 67 points or you don't. If you have 67 points, you don't need your case stronger because if you fulfill the required criteria, then you get your PR. If you don't fulfill the required 67 points, then no matter what you do to make your case stronger, (with spouse knowing English, or with certification, etc), you will not get your PR. Having 67 points and having any of the above does not put you in front of the line so it looks like it gives no added advantage.

I would like Rup and other seniors to confirm the above, else people are going spend money on IELTS for their spouse or spend money on having their cousin's PR documents notarized or their certification notarized.

If it does not make one's case stronger, we should stop saying it does. If it does make one's case stronger then we should figure out how or when it makes it stronger.

 

[rupeshhari]

Personally, I feel these things don't make it stronger but I don't have enough experience to say it for definite.

I don't know if there is a class of applicants who get say 66 and they look for other factors why such a person should get a PR. As far as I know such cases do not exist unless it is like a refugee case or someone who life might be in danger (such as war).

I also don't know if there is a group of applicants who get say 67 and they look for whether to reject or accept these applicants and having those 'extras' will tip them into the accept category. I don't think such cases exist either.

Like I said, I don't have enough experience on this but I think the 67 is a pretty definite hurdle unless one comes from a war torn country (and even that I don't is necessarily true). I would like to hear what others say.

 

[rocky272727]

I see people on this forum saying certain things can make one's case stronger or it will be seen in positive light. Some examples are,
1) spouse knowing English/French,
2) Certification that are not recognized by government (or not absolutely necessary in one's job),
3) Having a cousin as a PR or citizen of Canada,
4) Having more than one masters degree (even if you already have 17 years with one masters degree).

I don't think these things make your case stronger.

Rup made a good point. Either you have 67 points or you don't. If you have 67 points, you don't need your case stronger because if you fulfill the required criteria, then you get your PR. If you don't fulfill the required 67 points, then no matter what you do to make your case stronger, (with spouse knowing English, or with certification, etc), you will not get your PR. Having 67 points and having any of the above does not put you in front of the line so it looks like it gives no added advantage.

I would like Rup and other seniors to confirm the above, else people are going spend money on IELTS for their spouse or spend money on having their cousin's PR documents notarized or their certification notarized.

If it does not make one's case stronger, we should stop saying it does. If it does make one's case stronger then we should figure out how or when it makes it stronger.

No case is stronger or weaker. There are only two judgments either Pass or Not Qualify, which mean if you have 67 or more points you will be treated the same as one who has 99 point. So kindly do not spend or confuse yourself by such information. You can read the operation manual and FSW manual which cleary defines the process and assessment which is there on the CIC website

 

[rupeshhari]

i agree with Rocky

 

[aanbaan]

In Theory, i too agree with both Rupesh and Rocky

But practically, the assessment officer has been a lot of discretionary powers and he calculates your points before looking at the documents.

he will look at docs of someone with 99 points with a more open mind than someone with 67 points.

there sure is a lot of room for subjectivity in such cases...

it's my opinion.. i'm not an expert and not even a successful candidate yet...

 

[pgt]

No case is stronger or weaker. There are only two judgments either Pass or Not Qualify, which mean if you have 67 or more points you will be treated the same as one who has 99 point. So kindly do not spend or confuse yourself by such information. You can read the operation manual and FSW manual which cleary defines the process and assessment which is there on the CIC website

Could you give me the links for the manuals please????

 

[S.K]

http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf

 

[BobbyB]

I see people on this forum saying certain things can make one's case stronger or it will be seen in positive light. Some examples are,
1) spouse knowing English/French,
2) Certification that are not recognized by government (or not absolutely necessary in one's job),
3) Having a cousin as a PR or citizen of Canada,
4) Having more than one masters degree (even if you already have 17 years with one masters degree).

I don't think these things make your case stronger.

Rup made a good point. Either you have 67 points or you don't. If you have 67 points, you don't need your case stronger because if you fulfill the required criteria, then you get your PR. If you don't fulfill the required 67 points, then no matter what you do to make your case stronger, (with spouse knowing English, or with certification, etc), you will not get your PR. Having 67 points and having any of the above does not put you in front of the line so it looks like it gives no added advantage.

I would like Rup and other seniors to confirm the above, else people are going spend money on IELTS for their spouse or spend money on having their cousin's PR documents notarized or their certification notarized.

If it does not make one's case stronger, we should stop saying it does. If it does make one's case stronger then we should figure out how or when it makes it stronger.

No case is stronger or weaker. There are only two judgments either Pass or Not Qualify, which mean if you have 67 or more points you will be treated the same as one who has 99 point. So kindly do not spend or confuse yourself by such information. You can read the operation manual and FSW manual which cleary defines the process and assessment which is there on the CIC website

JUST FOR YOUR INFORMATION GUYS:

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 grant permanent residence or an
exemption from any applicable criteria or obligation of IRPA 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

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.