(4)Details ([FONT=宋体]结论二根据[/FONT]10.8[FONT=宋体]很容易得出[/FONT],[FONT=宋体]以下只推理结论一[/FONT]): (a) [FONT=宋体]根据[/FONT]op06e: Federal Skilled Worker applications submitted before February 27, 2008 are to be processed by the visa office according to the legislation in effect at the time of application.
(d) Page7: Language proficiency is based on R79 (Regulation79) The table in 10.3 is based on R79 according to the first line. So it’s directly related to “legislation”. The tables in 10.8 are equivalency charts.
The relationship between 10.3 & 10.8 is:
Second-language experts established the equivalencies between the four levels of language proficiency indicated in the Regulations, and the results of the language tests listed above. Thus, officers should award points based on the appropriate equivalency chart. [FONT=宋体]推论[/FONT]1: the tables in 10.8 can be viewed as one of the implementation of the table in 10.3, which is part of legislation. So if we follow the legislation, we may also follow the implementation of legislation at that time. => If we don’t follow the implementation of the legislation at that time, we don’t follow legislation at that time.
(e) Based on words in 10.4: Pursuant to R79(1), the points indicated above are awarded for proficiency in English and French based on either: a) language test results, submitted at time of application from an approved organization……
(f) [FONT=宋体]推论[/FONT]3: The op06e is not as strict as code. Contradiction can be seen elsewhere. So the tables in 10.8 can be viewed only for applicants after Feb 27th, 2008. I guess the table for applicants before Feb 27th, 2008 is either missing in 10.8 or: From update history in page 3 & 4, we can see there is no change between Sep 1st, 2006 and Feb 27th, 2008. Based on the rule in (a) showed everywhere in op06e, we may assume that for applicants before Feb 27th, 08, the older version of the same document should be referred to, where 7 is 4 points. Due to update history, we may also assume the reader for 10.8 is only for applicants after that date.
(g) [FONT=宋体]根据[/FONT]http://www.cic.gc.ca/english/immigrate/skilled/apply-after.asp If you applied before February 27, 2008, the visa office where you applied will contact you and ask you to provide the required documentation about four months before your application is to be processed. When they have verified your completed application, they will send you a letter to tell you what you need to do and what happens next. Your application will always be processed according to the rules in place when you applied. According to American Heritage Dictionary: Rule[FONT=宋体]的定义很广泛[/FONT]: 1. An authoritative, prescribed direction for conduct, especially one of the regulations governing procedure in a legislative body or a regulation observed by the players in a game, sport, or contest. 2. A generalized statement that describes what is true in most or all cases 3. A usual, customary, or generalized course of action or behavior: 4. A standard method or procedure for solving a class of problems. [FONT=宋体]推论[/FONT]4: So we can understand in this way: Second-language experts established rules for mapping of the equivalency charts. And we will use these rules when we submit application. (h) [FONT=宋体]根据[/FONT]http://www.cic.gc.ca/english/immigrate/skilled/apply-after.asp
For applicants after Feb, 2008, CIC officer will make a final decision on your application based on the requirements for immigration to Canada at the time your application was submitted. The decision will be based on several selection factors, as well as the results of your medical examination and the criminal and security checks.
[FONT=宋体]推论[/FONT]5: Here the requirements should certainly include the mapping of equivalency charts. By using common sense, we can infer this is also true for applicants before Feb, 2008.
[FONT=宋体]友情提示[/FONT]: [FONT=宋体]根据以下文字[/FONT]: Points for the applicant’s language proficiency are generally awarded according to evidence provided at the time the application is made. However, if further study, training, or testing is completed and documentation submitted between the time of application and the time of assessment, officers will use the most current results to determine point allocations. In terms of designated language test results, officers will NOT select the highest score for each language ability from a variety of test score submissions. It is always the most recent group of tests that will be considered by officer as it is the most current assessment of the applicant’s four language abilities. [FONT=宋体]所以如果第二次雅斯没考好而且申请人提交了两次成绩上去[/FONT],[FONT=宋体]签证官将按第二次成绩算[/FONT],[FONT=宋体]不是第一次[/FONT]
