Birthday between ITA and e-APR. How does it affect my points and application?


#1

Hi,
I just got my ITA last week(snuck in by 1 point). My ITA says I have 90 days to submit, but my birthday is coming up in a week and that will reduce my points by 5 (below the CRS cutoff). I am not sure I can get all the documents and submit before my birthday.
My lawyer is asking me to submit before my birthday.

Is this a problem? What should I do?

Thanks,
Hari


#2

You age change between ITA and e-APR does not affect your application. Here is the public policy documentation that instructs officers to except the applicant from the age critieria.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/age-based-requirements.html

As described above, applicants may fail to meet the regulatory requirements pertaining to the number of points required due to the loss of age points as a result of their birthday occurring between the time they were invited to apply and the deadline for submitting an application for permanent residence. Aging is a change of circumstance that an applicant has no ability to control or remedy, and therefore warrants a special dispensation from the requirements. These applicants would likely be refused, resulting in a loss of application fees.

Therefore, I hereby establish that there are sufficient public policy considerations that justify granting, in accordance with section 25.2 of the Immigration and Refugee Protection Act exemptions from the criteria and obligations found in the provisions of the Regulations listed below to foreign nationals who meet the eligibility criteria and conditions set out below.

Based on the public policy considerations outlined above, delegated officers may grant an exemption from the criteria and obligations found in the provisions listed below to foreign nationals who meet the following eligibility criteria and conditions:

The foreign national submitted a permanent residence application after having been issued an invitation to apply pursuant to subsection 10.1(1) of the Act;
At the time the officer received their application, the foreign national no longer met sub-paragraph 76(1)(a)(iv) and section 81 of the Regulations because the foreign national’s birthday occurred after the invitation to apply was issued;


#3

It should be fine. The day you get ITA is what matters.