Impact of CRS Score Drop After ITA in Express Entry

Amir, a 27-year-old from Algeria, was thrilled when he received an Invitation to Apply (ITA) through Express Entry. His Comprehensive Ranking System (CRS) score was 511, well above the draw’s minimum of 505. However, his CELPIP test results expired after the ITA. He quickly retook the test, but his new CRS score dropped to 501. Now, Amir wonders if his application will be refused due to this change. Will his new score jeopardize his dream of moving to Canada?

The Importance of Maintaining CRS Scores: Sections 11.2 and 10.3(1)(h) of IRPA

Sections 11.2 and 10.3(1)(h) of the Immigration and Refugee Protection Act (IRPA) explain the critical expectations for maintaining CRS scores. These sections establish the legal framework governing the validity of your qualifications before and after receiving an Invitation to Apply (ITA).

Section 11.2: Validity of Qualifications at ITA and Application

Section 11.2 outlines the conditions under which IRCC officers may issue a permanent resident visa. This section clarifies that applicants must maintain the qualifications that earned them the ITA. If the qualifications change, the officer may refuse the application.

First, 11.2(1) states that an officer cannot issue a visa if the applicant does not meet the criteria. These criteria must be valid at the time of the ITA and when the officer receives the application. For instance, if you lose points in language skills or work experience, your score may fall below the minimum cut-off for your draw.

However, 11.2(2) provides a minor exception related to changes in age. The officer will not refuse your application if you lose points solely because of a birthday after receiving the ITA. However, this exception applies only to age-related CRS changes, not to language or work experience.

Section 10.3(1)(h): Basis for Ranking Candidates

Paragraph 10.3 (1)(h) defines how IRCC ranks applicants in the Express Entry system. The Minister gives instructions on which qualifications are considered for ranking. These qualifications directly affect your CRS score.

When you submit your Express Entry profile, the system ranks you based on the details you provide, such as your language test scores and work experience. 10.3(1)(h) ensures that IRCC considers these details when ranking you. Therefore, your CRS score must reflect these qualifications when you receive the ITA and when the officer evaluates your application.

If your qualifications change after the ITA, your CRS score might drop. Therefore, if your score falls below the minimum cut-off for the round, your application could be refused under Section 11.2.

Maintaining Your CRS Score After ITA

The responsibility to maintain your qualifications lies entirely with the applicant. If your CRS score drops because of expired language test results, changes in work experience, or lost job offers, your application may be in jeopardy. Therefore, acting promptly and ensuring that all your qualifications remain valid when submitting your application after ITA is crucial.

What the ITA Letter Says About CRS Score, Refusal, and Processing Fees

The ITA letter contains important information about maintaining your CRS score after receiving an Invitation to Apply (ITA). It clearly outlines the expectations and potential consequences if your score drops.

1. Application Refusal if CRS Score Drops Below the Minimum

The letter states that if your CRS score drops below the minimum score from the round of invitations, the IRCC officer may refuse your application. When issuing the ITA, you must maintain the qualifications that affect your CRS score. For example, if your language test expires and the new score is lower or you lose a job offer or nomination, your score might drop below the cut-off. Therefore, IRCC advises you to recalculate your score before applying.

2. Age as an Exception

The ITA letter includes one exception: age. If you had a birthday after receiving your ITA, and the change in age decreases your CRS score, this will not cause the officer to refuse your application. This rule protects applicants against losing points for aging but does not cover other factors such as language scores or job offers.

3. Declining the Invitation If Your CRS Drops

The ITA letter strongly recommends declining the invitation if you cannot maintain a CRS score above the minimum cut-off for your round. IRCC advises that you decline the ITA and wait for another opportunity. By doing so, you avoid risking a refusal, which can have significant consequences.

4. Consequences of Not Declining: Loss of Processing Fee and Refusal

If you apply with a score lower than the required cut-off, the ITA letter clearly warns that the officer may refuse your application. In such cases, you will not receive a refund of your processing fee. Losing hundreds of dollars in processing fees is only one of the downsides. You also gain a refusal on your immigration record, which may negatively affect future applications.

In summary, the ITA letter encourages you to withdraw the application if your score drops. Failure to do so may result in a refusal, lost fees, and a negative mark on your immigration history.

Agbai v. Canada: Federal Court’s Perspective on CRS Score Drops After ITA

The Agbai v. Canada (2019 FC 886) case highlights the Federal Court’s stance on the consequences of a drop in a Comprehensive Ranking System (CRS) score after receiving an Invitation to Apply (ITA) under the Express Entry system. This case directly addresses the importance of maintaining qualifications from the time of ITA to the submission of the permanent residence application.

Case Summary

Kelechi B. Agbai, a Nigerian citizen, created her Express Entry profile on September 26, 2017. Her profile included a job offer supported by a Labour Market Impact Assessment (LMIA). Based on this offer, she was awarded 200 CRS points and received an ITA on October 4, 2017, with a total CRS score of 505.

Agbai submitted her permanent residence application on November 13, 2017, after the LMIA had expired on October 19, 2017. Since the LMIA was no longer valid, she lost 200 points from her CRS score. This drop brought her CRS score below the minimum cut-off for her round of invitations. Consequently, the immigration officer refused her application.

Key Legal Issues

1. Section 11.2 of IRPA

The primary issue in this case was the application of Section 11.2 of the Immigration and Refugee Protection Act (IRPA). This section mandates that an applicant must maintain the qualifications on which they were ranked at the time of the ITA, both when the ITA is issued and when the permanent residence application is submitted.

The court confirmed that since Agbai no longer had a valid LMIA, her CRS score had dropped below the required threshold. Therefore, she no longer had the qualifications based on which she was invited to apply, leading to the refusal of her application.

2. Loss of CRS Points

Agbai’s LMIA-supported job offer initially awarded her 200 CRS points. However, she lost those points because the LMIA expired before she submitted her application. Without the 200 points, her CRS score fell below the minimum score required for her ITA, causing her application to be rejected.

3. Interpretation of “Application” and Timing

Agbai argued that her Express Entry profile submission date, September 26, 2017, should have been the key date for assessing her qualifications. She contended that her application should have been accepted since her LMIA was still valid. However, the court rejected this argument, emphasizing that November 13, 2017 (the date she submitted her permanent residence application) was relevant for assessing her qualifications.

Court’s Reasoning

The court upheld the officer’s decision as reasonable, stating that Section 11.2 of IRPA requires applicants to maintain their qualifications at the ITA and application submission stages. Since Agbai’s LMIA had expired before she submitted her application, she no longer had a qualifying offer of employment, and thus, her CRS points were reduced. This reduction made her ineligible for permanent residence.

Moreover, the court rejected Agbai’s claim that subsection 11.2(1) was permissive because it used the term “may not” instead of “must” or “shall.” The court found the provision to be definitive, requiring strict adherence to the qualifications at the time of application.

Conclusion

Agbai v. Canada illustrates the strict interpretation of Section 11.2 of IRPA, which requires applicants to maintain the qualifications that formed the basis of their CRS score when receiving the ITA and submitting their permanent residence application. In Agbai’s case, the expiration of her LMIA and subsequent loss of CRS points resulted in the refusal of her application. This case is a clear example of how any change in qualifications after receiving an ITA can jeopardize an Express Entry application.

Discussions like this article and cases like Agbai v. Canada demonstrate that Express Entry is not an easy application after all. It is best to book a consultation session with me before entering the Express Entry pool. Alternatively, please fill out the following form to contact our team.

Case Citation

Agbai v. Canada (Citizenship and Immigration), 2019 FC 886 (CanLII), <https://canlii.ca/t/j1b0m>, retrieved on 2024-10-08