In the express entry application process, an applicant has control on all the variables, except one – AGE. This is even more concerning for older applicants and for those, who may have their birthday coming up and are still waiting for the invitation to apply (ITA). While nothing much can be done if an applicant’s birthday occurs while they are in the pool waiting for the ITA, and for every year increase in an applicant’s age, their comprehensive ranking score and the minimum eligibility criteria points will be impacted. Where every point counts, the age can be deciding factor in an applicant recieving an invitation to apply or not.
| Age | With a spouse or common-law partner (Maximum 100 points) | Without a spouse or common-law partner (Maximum 110 points) |
|---|---|---|
| 20 to 29 years of age | 100 | 110 |
| 19 years of age | 95 | 105 |
| 30 years of age | 95 | 105 |
| 18 years of age | 90 | 99 |
| 31 years of age | 90 | 99 |
| 32 years of age | 85 | 94 |
| 33 years of age | 80 | 88 |
| 34 years of age | 75 | 83 |
| 35 years of age | 70 | 77 |
| 36 years of age | 65 | 72 |
| 37 years of age | 60 | 66 |
| 38 years of age | 55 | 61 |
| 39 years of age | 50 | 55 |
| 40 years of age | 45 | 50 |
| 41 years of age | 35 | 39 |
| 42 years of age | 25 | 28 |
| 43 years of age | 15 | 17 |
| 44 years of age | 5 | 6 |
| 17 years of age or less | 0 | 0 |
| 45 years of age or more | 0 | 0 |
Similarly, the age also impacts the minimum eligibility criteria (MEC) when applying under the Federal Skilled Worker (FSW) program.
| AGE | POINTS |
|---|---|
| Under 18 | 0 |
| 18-35 | 12 |
| 36 | 11 |
| 37 | 10 |
| 38 | 9 |
| 39 | 8 |
| 40 | 7 |
| 41 | 6 |
| 42 | 5 |
| 43 | 4 |
| 44 | 3 |
| 45 | 2 |
| 46 | 1 |
| 47 and older | 0 |
Change in age before receiving an invitation to apply
The Immigration and Refugee Protection Act (IRPA) mandates that an application be refused if at the time the invitation was issued, or at the time the application was filed, the applicant does not meet the criteria to be eligible to be invited to make an application for permanent residency, or does not possess the qualification on the basis of which the applicant was invited to apply. An applicant whose age increases between the time they enter the pool and they receive an invitation to apply, will see a CRS decrease and it will also impact their MEC.
Change in age in after receiving an invitation to apply
Similarly, an applicant who reports an age difference between the time they receive an invitation to apply (ITA) and the time they submit an application for permanent residence (APR) could lose points that were awarded to them for their age, which is one criterion used to establish their rank relative to other Express Entry candidates, and to determine their eligibility to receive an invitation to apply. Applications can be refused for this reason despite the applicant’s ability to meet regulatory requirements of the economic immigration program for which they have applied. It may also result in the applicant no longer meeting the minimum requirements of the FSWC and, consequently, no longer meeting the MEC, resulting in a refusal. Luckily, for these candidates, Canada’s Minister of Citizenship and Immigration, notified a public policy on 31st of December, 2014, pursuant to his authority under section 25.2 of the Immigration and Refugee Protection Act (IRPA).
Public policy
According to the public policy, applicants whose birthday occurs between the ITA and the eAPR, will be granted exemption from refusal only if the loss of eligibility or qualification has occurred due to aging of the applicant between the submission of an invitation by IRCC and the receipt of the resulting application by IRCC. The policy further grants exemption from the requirements of the Immigration and Refugee Protection Regulations (IRPR) with respect to points allocated to applicants on the basis of age for the FSW MEC, where the applicant would no longer meet those requirements as a result of aging between invitation to apply and application submission.
The public policy does not constitute a complete exemption from other requirements, but is limited to granting exemption to applicants for failure to meet the requirements due to an increase in reported age which occurred after the ITA was issued and before the eAPR was filed. Any increase in age which occurs after the eAPR, will neither impact the CRS or MEC, as the applications are locked on the day they are filed. When an applicant is granted the benefit of the public policy, it is noted in the GCMS notes. Similarly, if the applicant falls below the CRS or the MEC due to age, the same is noted in the GCMS notes.
It is important that is you fall in this category and would be benefitted by the public policy, you keep a tab on your application and ensure that you have been granted exemption. The online IRCC system does not accurately inform as to which stage the application is at, or if the public policy has been extended in your case. Therefore it is important to check your application, so that corrective steps can be taken if needed. To track your application, and see if you have been given the benefit of the public policy, the only accurate way is through the GCMS notes. You can order GCMS notes online.
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