CHC DELHI 2004 APPLICANTS

Please remember our earlier discussion. I will remind you again. After reading this stuff. What will you say now.

Instruction of OB442:

Establishing that a decision has been made as to whether the applicant meets selection criteria

A decision as to whether the applicant meets selection criteria was made if, prior to March 29, 2012, at least one of the following actions was taken:

·         a selection decision was entered into the processing system (“SELDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Eligibility – Passed” / “Eligibility – Failed” in the Global Case Management System (GCMS));

·         the file notes clearly state that the selection criteria have or have not been met, but a selection decision has not yet been entered into the processing system;

·         a negative decision had previously been made, but the file had been re-opened for a redetermination further to an order by a Superior Court (which includes the Federal Court) or a settlement agreement entered into by way of a Court order made prior to March 29, 2012.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442.asp

Notice of CIC:

Q3. What does a decision based on Federal Skilled Worker selection criteria mean?

A decision based on Federal Skilled Worker selection criteria means that an immigration officer:

·         has assessed your FSW application against the points grid, and

·         has made a decision on whether or not you meet the selection criteria of the program.

Currently, the pass mark is 67 points out of a grid worth 100 points. The grid considers the following:

·         the person’s ability in English and/or French;

·         their education;

·         their work experience;

·         their age;

·         whether they have a job already arranged in Canada (arranged employment); and

·         how well they might adapt to living in Canada (which awards points for things like previous work or study in Canada, spouse’s education and relatives in Canada).

If your application is successful, you would move to the next phase (i.e. admissibility). At that point you would be checked against health, security and criminality requirements before a final decision is made and a visa is issued or not.

If you do not score at least 67 on the FSW points grid, your application would be refused and CIC would inform you of the decision.

http://www.cic.gc.ca/english/department/media/notices/notice-qa.asp         

Instruction of OB442C:

Applications requiring manual review

A subset of all the FSW applications affected by the Jobs, Growth and Long-term Prosperity Act have been identified as requiring a manual review by visa offices to confirm they were in fact terminated by operation of law on June 29, 2012.

These FSW applications represent those for which a selection decision may have been established in case notes before March 29, 2012, but for which the decision code was not entered in CAIPS/GCMS.

This manual review will ensure that NHQ – Finance does not return fees in error for those applications where it is determined a selection decision was in fact made, but where CAIPS/GCMS data did not accurately reflect the decision code.

NHQ – Finance will provide visa offices with a spreadsheet listing FSW applications requiring a manual review of case notes. Visa offices should take the following steps in reviewing these applications, tracking the results, and returning the spreadsheet to NHQ – Finance:

1.     The visa office will conduct a detailed review of the case notes in CAIPS/GCMS for each application listed in the spreadsheet provided by NHQ – Finance, and determine if a selection decision was in fact made before March 29, 2012 in accordance with the guidance provided in OB 442.

2.     If it is determined that the application was in fact terminated by operation of law, the visa office will record the results of their manual case review as indicated in the spreadsheet provided by NHQ – Finance.

3.     If it is determined that a selection decision had been made before March 29, 2012, and the application was not terminated by operation of law, that decision code should be entered by the visa office in CAIPS/GCMS and the results of the review should be noted in the case notes. The visa office will record the results of their manual case review as indicated in the spreadsheet provided by NHQ – Finance.

4.     The visa office will forward the completed spreadsheet to NHQ – Finance by no later than November 30, 2012 at:FSWFeeReturn@cic.gc.ca.

Note: No further action is to be taken by visa offices with respect to terminated applications at this time.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442C.asp