Results 1 to 2 of 2

Thread: What does this mean ???

  1. #1
    Join Date
    Mar 2014
    Location
    NZ
    Posts
    13

    Default What does this mean ???

    Hi Guys
    can anyone please tell me what does sub clause (ii) means in the following paragraph?
    " Despite SM4.5(b)(ii) and (iii) above,
    if a principal applicant does not qualify for the points for employability and capacity building factors on the basis of which their Expression of Interest was selected from the Pool, or meet the criteria set from time to time by the Minister of Immigration on the basis of which their Expression of Interest was selected from the Pool (see SM3.15.1), an immigration officer may, on a case by case basis, determine that the application may nevertheless be approved, where:
    i the principal applicant has satisfied the immigration officer that there was a reasonable basis for making the claim for points in the Expression of Interest and that in making that claim there was no fraud or intent to deceive; and
    ii the points for which the principal applicant qualifies for employability and capacity building factors on the basis of which a subsequent selection was made, within the period of currency of their Expression of Interest; or
    iii the principal applicant meets the criteria set from time to time by the Minister of Immigration on the basis of which a subsequent selection was made (see SM3.15.1), within the period of currency of their Expression of Interest. "

    And what does this mean
    " Note: Where SM4.5 (c) applies, officers may defer a decision on the application until such time as an Expression of Interest's currency (had it remained in the SMC Pool) expires. "

    Thanks A lot Guys

  2. #2
    Join Date
    Feb 2013
    Location
    UK
    Posts
    1,547

    Default

    Phew - this is one of the trickier sections to follow isn't it! I think it is easiest to explain with an example. Supposing you genuinely and reasonably believe you had 140 points without a job offer and put in your EOI. This gets selected and you go on to apply for residence. When the Case Officer does an in-depth analysis of your case, they discover that 5 of the points (for example) that you had claimed were not valid for some reason - perhaps a year of work experience was not deemed relevant, then you only have 135 points. Firstly, they look at whether someone would still have been selected with 135 points on the date when your EOI was selected, if yes, no problem, you can be approved. If the answer is no, they then look at all EOI selections since the date of your selection to see if your EOI would have been selected later with 135 points. If it would, then they go ahead and approve your residence (assuming everything else is okay). If the answer is still 'no', then they defer (delay) making a decision until 6 months after your EOI entered the Pool in the hope that one of the remaining selections will include people with 135 points. At the end of the 6 months, your EOI will expire and if you would not have been selected with 135 points, then you get rejected. Does this help?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •