Q. My application under skilled worker category is submitted in Buffalo in April 2002. Now I see that after June 28, there are new additional forms, and necessity of English language tests, new mark system of 75, etc.
1. Do I have to submit new application with new forms?
2. Is there any flexibility in marking systems for applications that were submitted before June 28 2002?
Answer: Each visa office is stipulating specific instructions regarding the necessity of new forms for applicants submitted prior to June 28th 2002. Most, however, are requesting that the new forms be submitted.
The criteria which applies to applications submitted prior to this date is part of the present legislation. Immigration officials do, however, retain a degree of discretionary authority which can allow for substituted evaluation of cases in which the likelihood of success in Canada is not reflected in the points scored.
A recent court ruling on the issue of the retroactive implementation of the Regulations did specify that no provisions for application of the old Regulations would apply after March 31 2003.