July 13, 2015

Another Reason to Celebrate: CIC Brings in Birthday Rules!

Posted by admin - Bellissimo Law Group PC

Applicants for Canadian permanent residence using the new Express Entry system are required to create an online profile that contains a detailed record of their skills, work experience, language ability, education, and other personal information. Candidates are scored and ranked based on an evaluation of this information. The higher your score, the more likely you are to be invited to apply for permanent residence during Express Entry draws.

One factor that contributes to a candidate’s score in Express Entry is age. Those between the ages of 20 and 29 are ranked highest, potentially receiving up to 110 points in this category. Candidates aged 17 and under or 45 and over receive zero points. Points are assigned to other ages on a sliding scale.

Candidates invited to apply have 60 days to submit their application for permanent residence. But what happens to your score and application if your birthday occurs after you receive an Invitation to Apply (ITA) but before you submit your application for permanent residence (APR)?  For example, someone who is 40 years old receives either 45 or 50 points, depending on their marital status, but someone who is 41 receives only 35 or 39 points. This change in points may lower your score below the lowest score in the draw. Would you now become ineligible?

Luckily, CIC permits officers to grant an exemption to applicants for permanent residence from certain age-based requirements. This policy may apply if the loss of eligibility or qualification has occurred due to the applicant’s age increasing between the submission of an invitation by CIC and the receipt of the resulting application. This exemption would also apply to those who may be refused on Federal Skilled Worker program requirements if their birthday is between an ITA and APR.

In conclusion, CIC has recognized this potential issue and has taken steps to address it. Candidates can now relax and celebrate their birthday instead of worrying about it jeopardizing their application.

For more information on Express Entry, please click here.