Immigration To Canada

Question:
Questions:

1) Does getting a total of 70 points guarantee immigration ? assuming that the medical and police verification are OK and the person got at least one point for the occupation factor? or are there some other subjective reasons that a person's application can be rejected like too many people from his country have already got in this year, etc.

2) When is an interview required ? Is it true that an interview is required when the person scores between 60 and 70 points? or is it true that if the person gets less than 70 points the person is automatically rejected?

3) Let's Say two brothers A and B apply at approximately the same time. Let's say A gets the landing papers and B gets rejected. If B moves to Canada immediately, can A appeal the decision saying that his position has changed (he now gets 5 points for close relatives in Canada) or does he have to apply all over again ?

4) In the above scenario does B get a reply as to the number of points he made and by how much he fell short?

5) If a person gets rejected and he was close to 70 points, can he appeal the points given to him for personal suitability independant of whether his brother got in or not?

Answer:
Unfortunately the answer is no. However, having a total of less than 70 points can mean automatic refusal (there are some cases that one scores less than 70 point but still get one PR).

2) When is an interview required ?

An interview is required when the officer who reviewed your case feel uncomfortable with the information received and would like to have more clarification from you. This is very subjective case.

First, moving to Canada without legal paper is illegal. Second, when the application is rejected, I presume that one must apply all over again. Appeal process does not require one (or one relatives) to be Canadian or PR. No, there are issues which can bar success, even in the case that an applicant meets the minimum requirements of the Selection Criteria. These include medical or security inadmissability, or a discretionary judgement by the visa office that the applicant is unlikely to successfully establish him/herself in Canada despite scoring 70 or more points. Medical assessment and inadmissability, and Discretion are discussed at our Web Site at the following URLs respectively: http://www.cam.org/~dcohen/txt/medical/ http://www.cam.org/~dcohen/txt/selint/

These documents may also be obtained by Automated Email Reply by sending the following message (without subject header) to majord...@cam.org : get cohen-l medical.txt get cohen-l selint.txt Information on criminal inadmissibility will shortly be made available.

An applicant is eligible for a selection interview (at which a maximum score of 10 points is available) if the applicant scores 60 points prior to a selection interview (in the skilled worker category; 55 points for an assisted relative). Additional information on the selection interview may be obtained at the coordinates indicated above. Some visa offices will waive a selection interview in such cases as it appears evident that the applicant will succeed regardless of the score obtained at the selection interview (this assumes a Federal application). Although the point total discounting personal suitability is obviously important, other factors affect such a determination.

Similar to a discretionary refusal, as indicated previously, a visa office can accept an applicant in the event that an applicant is deemed likely to be able to successfully establish him/herself despite failing to score the requisite point total. Such discretionary decisions require approval of the program director, and may generally be viewed as the exception, rather than the rule.

An appeal would not likely be successful. He may, however, reapply; claiming the "bonus points" for being an assisted relative this time.

4) In the above scenario does B get a reply as to the number of points he made and by how much he fell short?

Yes.

5) If a person gets rejected and he was close to 70 points, can he appeal the points given to him for personal suitability independant of whether his brother got in or not?

No, the points attributed for personal suitability are subjective and cannot be quantified directly. As such, it is not generally possible to prove in a court of law that the points attributed are incorrect. It may, however, be possible to request a reversal of the decision, if information can be presented which would reasonably suggest that the applicant is entitled to more points that were granted.