Public Policy to exempt applicants for Permanent Residence from certain age-based requirements between invitation to apply and application
Subsection 10.1(1) of the Immigration and Refugee Protection Act (the Act) requires that a foreign national seeking to apply for permanent residence as a member of the Federal Skilled Worker Class must first submit an Express Entry profile and receive an invitation to apply (ITA). A foreign national who has received an invitation to apply is then given a period of time, established by the Minister, within which they must provide a complete application for permanent residence (APR) including all supporting documents.
A candidate who reports an age difference between the time they receive an invitation and the time they submit an application for permanent residence (APR) may no longer meet the requirements of the Federal Skilled Worker Class, specifically those requirements pertaining to the number of points required of an applicant and the number of points awarded, under the Immigration and Refugee Protection Regulations (the Regulations), on the basis of their age.
Public policy considerations
As described above, applicants may fail to meet the regulatory requirements pertaining to the number of points required due to the loss of age points as a result of their birthday occurring between the time they were invited to apply and the deadline for submitting an application for permanent residence. Aging is a change of circumstance that an applicant has no ability to control or remedy, and therefore warrants a special dispensation from the requirements. These applicants would likely be refused, resulting in a loss of application fees.
Therefore, I hereby establish that there are sufficient public policy considerations that justify granting, in accordance with section 25.2 of the Immigration and Refugee Protection Act exemptions from the criteria and obligations found in the provisions of the Regulations listed below to foreign nationals who meet the eligibility criteria and conditions set out below.
Based on the public policy considerations outlined above, delegated officers may grant an exemption from the criteria and obligations found in the provisions listed below to foreign nationals who meet the following eligibility criteria and conditions:
- The foreign national submitted a permanent residence application after having been issued an invitation to apply pursuant to subsection 10.1(1) of the Act;
- At the time the officer received their application, the foreign national no longer met sub-paragraph 76(1)(a)(iv) and section 81 of the Regulations because the foreign national’s birthday occurred after the invitation to apply was issued;
Foreign nationals eligible under this public policy are subject to all other criteria and obligations of the Act not exempted under this public policy.
Provisions of the Regulations for which an exemption may be granted
- Sub-paragraph 76(1)(a)(iv) and section 81 of the Regulations, as they pertain to the number of points required on the basis of the age
This public policy takes effect on the date of my signature.
The Honourable Ahmed D. Hussen
Minister of Citizenship and Immigration
Dated at Ottawa, this 28 day of July, 2017
Report a problem or mistake on this page
- Date modified: