Retroactive Residency Points

dgarstang

Registered Users (C)
Posted this a few weeks back and was really surprised not to get a response... so here's the post again.

All,

I searched and searched and I was really surprised that I could not find any discussion in this forum (maybe it's old news) about the Canadian governments ability to raise the points requirement for PR applications and apply them retroactively.

I for example applied in January with an estimated score of 67 points. I hear rumors that the government may soon be raising the points requirement. When they do this, they can deny my application (eventhough it was submitted in January) based on the fact I don't have the required points.

Well... the really confusing this is that some lawyers are saying the Canadian government can do this, has previously won a court case that upholds their ability to do this, and WILL do it when the points requirement is raised.

Other lawyers I have spoken to (including my own) claim that, technically, yes, the Canadian government can do this, but its very unlikely that they will, unless they want another class action lawsuit against them.

So... this is driving me crazy! Whats the opinion of people here?

I've found a company that specialises in matching foreigners with Canadian employers and arranging HRDC approval etc. Finding a job through them would get me an extra 10 points, but the cost is a killer.... $6,500 USD! And of course there is no guarantee (well there's a 90% money back guarantee, but no job guarantee).

So.... if the Canadian govt can't/wont apply any higher points retroactively, I'm ok. Either way I'm going from happy to stressed on a daily basis as everyone I speak to tells me something different!

Oh yeah.... this is my second attempt. First time applied in January 2002... by case was denied... a month later they lowered the points from 75 to 67 and made it retroactive.... if my application had taken a month longer, the retroactiveness (see, they did it THEN!) would have worked in my favour.

Arrrgghhhh!

One more thing... as far as I'm concerned, if they can raise the points and made the application retroactive and NOT refund money, thats out and out FRAUD.

Douglas.
 
Yes
I am really worried abt this , as i applied in Nov 2003 and it will assessed around oct 15th 2004 ,
If they increase points
i will be screwed up.

I checked web , but did not find any info , except that lawyer Andrew Miller posts in britishexpact .

But except that guy , any other people are saying anything abt these rumors.

Or they are just rumors.

Guys pls participate in this thread , and think abt possibilites.

I am having 72 points.(IELTS gave me only 12 ponits)
SO i am trying to get more points in that test ie 16 , in my next try.


Guys , pls post ur opinions , so that it will be informative to all forum members


Thanks
Ravi
 
Kota

Only person who knows for sure if points will go up or not is Canadian Immigration Minister Judy Sgro.
When they change you will know. Even when the points went down the general public did not have prior indication.
So wish for the best. But reality is that it can be changed.
Dont worry about something you have no control over.
 
Hi dgarstang

Hi dgarstang
I think all applications will be assesed based on the passmark set at the time of application.

Is it not right??
Pls see the following rules from CIC

If that is the case , how you
were affected due to this passmark swing.

Hi dgarstang
Can u pls clarify the exact stuff happened.
Because , i see still problem is with applicant.


MINISTER ANNOUNCES AMENDMENTS TO TRANSITIONAL REGULATIONS FOR SELECTING SKILLED WORKERS AND BUSINESS IMMIGRANTS TO CANADA
http://www.cic.gc.ca/english/press/03/0354-pre.html
 
Kota

Kota, that is not correct.
Realistically it depends on the points during initial assesment. However in theory it can affect you upto the point you get visa in the passport.
 
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