- Sid Rahman
- 2024/02/14
(Disclaimer: This article does not constitute any direct legal advice to anyone whatsoever your situation. You must seek legal advice if you need advice on your personal situation.)
Context: It is possible for an applicant to celebrate their birthday after receiving an Invitation To Apply (ITA) but the applicant is yet to submit the electronic application for Permanent Residence (e¬APR). Their CRS score can drop below the lowest score in the invitation round because of their age change. Additionally, it might cause the applicant to stop satisfying the Minimum Entry Criteria (MEC) and the FSWC's minimum standards, which would lead to a rejection based on section A11.2(*).
Policy / Rules applicable: If change in age results the candidate no longer meeting the MEC or having their recalculated CRS points score fall below the lowest points score in that round of invitations, the officer should exercise public policy (**) based on section A25.2 (***). This evaluation may lead to an exception from section A11.2 and the applicant might be saved from being refused.
This public policy also exempts applicants whose birthday falls between the ITA and e-APR from being rejected for not meeting FSWC program standards.
Summary: If the applicant has received the ITA, means IRCC is ok with applicant’s age and the applicant is good to proceed with submitting e-APR so long s/he meets all other criteria of the original application. The only thing we need to be mindful of is the public policy mentioned above is still in force on the day of final e-APR submission. Because this public policy is the ultimate live savior here and rescuing the applicants from being refused according to section A11.2.
* section A11.2:
**Public policy:
***section A25.2 :