Sir,

I am in US on h1b1 currently employed . Applied for Canadian PR in feb 2002. In July 2003, I got a letter from consulate saying for min 75 points , since I got only 73 (short of 2 points), they refused my application quoting "thanks for your interest in canada" .

Fortunately now as new 67 point system is in place, can I request them to reconsider my application. If I can request then how should I do?

If I cannot request, should I have to reapply and go through the whole process?

Please advice,

Raja.

Did I ask anything wrong?
Can any one advice me please?

Won't hurt to send them a fax and ask if that indeed is possible? You can also try calling the Call center in Canada and see if they can guide you further.

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Thanks for a reply but trust me my friend., all the time when my case was under proces, I never got single reply to my fax . Never Ever. Still I would certainly try faxing them but again, instead of wasting time for a reply from them (mean while I dont want them to change the 67 points back to 75 or something like that?)

Is there any legal answer for this question?

[in short]

While am working in US on H1B1 applied for PR in Feb 2002. Got a reply in July 2003 saying application refused due to 73 points instead of 75 required.

Now since 67 Point system is in place, can I request to give me PR status?

And,

If I have to reapply, do I have to go with FBI clearence etc all again?

My understanding on the issue is this:

a) All new skilled worker applicants and those currently in the system who have not yet received a selection decision, will be assessed with a pass mark of 67.

b) Those people who had applied prior to January 01, 2002 and who were refused (or withdrew the application) will be assessed under the old pass mark of 70. These people will be required to advise CIC of their desire to be processed.

c) The cases of people who applied after Jan 01, 2002 but refused under the 75 marks criterion will not be reconsidered.

I believe you fall into category (c). But you may want to get legal advise from an Immigration lawyer.

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Shibu

An applicant once refused, can always apply fresh - it could be due to additional qualifications obtained or because of change in circumstances like marriage/rules change etc.

I would suggest you to apply again under the new rules and not try to reopen your file which might cause delay and confusion.

Chandresh

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Chandresh

Advice is free – lessons I charge for!!