bad news for applicant not in 38 list & apllied in 28-2-08 to 30-11-08

[malli]

Hello all,
 
I have just read out a topic on trackitt name any body got refund pls read it

Has anyone recieved a refund? Like this thread?     
 
 Posted by tkhowaja (2) 14 Jul 2009

I applied for Candian Immigration in Oct, 08. In May, I got a letter stating that my application doesn't meet new requirements and I should expect a refund in next several weeks. I was wondering if anyone else is in the same boat, and got a refund? (reply) (report this)   
 
 
 Posted by indmirage (47) 14 Jul 2009

I applied in March 08 and got a refund 2 days back only (reply) (report this)   
 
 
 Posted by tkhowaja (2) 14 Jul 2009

Thanks for sharing! I guess then have to wait a year (reply) (report this)   
 
 
 Posted by fromthenorth (9) 22 Jul 2009

We applied inn May 08 and got "rejection" letter in March 09 (not on 38 list). I haven't seen the refund yet. Was thinking about e-mailing but maybe I'll wait a little longer. (reply) (report this)   
 
 
 Posted by onlycanada (2) 0 minutes ago

hello all ,
is it true that you people get rejection letter as you did not fall under 38 list ? my case is also similar but not received any rejection or acceptance . if anybody else are on this forum like us than please discuss their views



This shows that they start our application & finalizing it & if anybody does not fall in 38  list & applied in the 28-2-08 to 30-11-08 than he/she will get rejection soon.

indmirage (47) got his refund also on 12 th july 2009.

I am very depressed to read that because i have no other option  i dont have any job offer what i will do?

please seniors give your views about that
 

[Maaties]

think about studying in Canada or in the US and then move to Canada. Look for jobs in Canada but its hard to get from overseas.
Learn French and try CSQ
Look at Australia too.

[New2Canada]

I read on this forum that CIC might re-consider such people. I have no idea where they heard it from.
I am starting to agree with Rupeshhari that most people will be rejected.

[Radhika]

think about studying in Canada or in the US and then move to Canada. Look for jobs in Canada but its hard to get from overseas.
Learn French and try CSQ
Look at Australia too.

Dear Mr. Rupesh Hari

I agree with you. Even I am in the same boat but still waiting for the response from the local CIC.
As mentioned above kindly brief me with the CSQ i really dont know what is it.

Thanks in Advance.
Regards,
Radhika.

[Maaties]

Ms. Radhika

it is the equivalent of FSW program for those who want to go to Quebec. It is a lot easier to get admission to that if you know french. It has no job list associated with it as far as I know. Thats about all i know on it. You can read up more on the cic website. Good luck.

[manvi]

Dear All

It is really disheartening news for applicants under above mentioned period. Infact I am under same boat but I was already cognizant about the facts. I was deseprelty waiting to get responce from CIC. But I think now the waiting time is over and I will get my refunds if they had started reviewing these applications.

We understand that CIC has many thousand of Applications and some applicants had already received ( bet feb-nov 2008) rejections in early months of getting AOR while other are still waiting & waiting. It doesn't make sense if they have to reject all those falling under said period why they take year ( who applied in March 2008) to complete this rejection process  ? This is really frustrating ............

[PMM]

Hi

Dear All

It is really disheartening news for applicants under above mentioned period. Infact I am under same boat but I was already cognizant about the facts. I was deseprelty waiting to get responce from CIC. But I think now the waiting time is over and I will get my refunds if they had started reviewing these applications.

We understand that CIC has many thousand of Applications and some applicants had already received ( bet feb-nov 2008) rejections in early months of getting AOR while other are still waiting & waiting. It doesn't make sense if they have to reject all those falling under said period why they take year ( who applied in March 2008) to complete this rejection process  ? This is really frustrating ............

Because the rules weren't issued until Nov/08

PMM

[syedrahman1980]

it may be frustrating no doubt. we have seen more applicants in this forum who were unfortuantely refused due to noc ground.

dear friends, i am also among those who applied between feb-nov08. but i am not frustrated.
I do not want to say that they will process my case. The chance of processing is very minimum or almost none, that is true. However, I will wait until CIC inform me.

There is also another story in the past where CIC put special consideration to process certain application beyond their rule. The issue is mentioned with reference by mcgyver. probably the feb-nov 08 applicants have seen that.

there are some rumors are also available. you might know it. I do not want to mention the rumors to make it more confusing.

I have several logics not to become frustrated.

1. Feb-Nov 08 applicants did not know about the 38 NOC when they applied. So CIC should not blame the applicants for not processing. They must look into it or they will be criticized.
2. CIC have past experience of favoring certain applicants, who did not fall in the rule.
3. there are many applicants whose education and job experience show that they are highly qualified, and some are extraordinary. Canada really need the people.
4. Though the rejected applicants are qualified for canada immigration (as per previous rule), there might be some other reasons behind their rejection. or they might not be required for canada in near future.
5. If CIC completely refuse all applications beyond 38 NOC they must lose many many qualified applicants. I think they know it very well and will think about it.
6. They kept certain types of appliaction from a long time.
 
I may mention more logics in favor of it.

I do not calim that my logics are beyond any question or confusion. I request other members to talk about it in this forum.

My personal suggestion is, pls. do not withdraw your application. If the decision is negative you will get the refund. But if you withdraw it, there is no chance of processing. AND look for other alternative.


Good luck.


SYED

[Maaties]

No one should withdraw their application but you should pretend that Canada is not going to pan out and plan for some other immigration.

[syedrahman1980]

No one should withdraw their application but you should pretend that Canada is not going to pan out and plan for some other immigration.

Thanks rupeshhari. You also suggested not to withdraw application, that I do. This means, not to lose hope.

If there is no hope of processing the applications (the said ones) and if it is more than 100% confirm, we should withdraw it immediately. In that case refund will come earlier. But we should not do that. Even if the cases require another year or more we should wait, unless any unavoidable circumstance comes up. Because CIC may think anything, that we do not know now.

Sometimes we try even knowing that we shall not win. That is reality.


Good luck.

SYED

[aspire]

Hello,

Let me share to you guys my experience. I first applied on April 2008. That was after the new immigration law was passed but before the ministerial instruction. I am an Electrical Engineer(not on 38 NOC). I was the principal applicant. My wife who is my dependent in our application is a nurse (one of the 38). On December 2008, I received a refusal letter from CIC, the reason is not on the 38 list, even if my wife's profession belongs to the 38 list. In that letter they mentioned that I will receive a refund. Before receiving the refund, We submitted new set of application last Feb 2009, this time as my wife as the principal applicant. I am her dependent. Our present status now is in process. On May 2009. I received the refund check from CIC for our rejected first application. To encash it takes 45 days of clearing. Now I got the application fee of our first application back. I cant get the logic for their reason for rejecting my first application. They need somebody like my wife whose profession belongs to the 38. Just a matter of who'se the principal applicant?

[Leon]

The way they decided to change the rules was totally stupid.  They didn't make a big announcement on February 27th of 2008.  They made a little comment saying rules will be changed and this will be effective for applications as of today.  Other announcements over the summer and fall of 2008, about the new policy they were developing, then brought it to people's attention that the new rules would be retroactive.

If you look for posts from this period, especially from September on, you will see a lot of posts from people wondering if they should apply, will they get in under the old rules, should they wait for the new rules to see if they still qualify and especially when will the new rules be posted because nobody really knew.  Finally they posted them on November 28th.

IMO, they should never have made them retroactive because it's not fair.  They also seem to have decided not to look too hard at the applications from this period to try to "make" them qualify so that means that people who had a spouse in the list of 38 were refused and people who had qualifying experience from the list of 38 may have been refused too because they did not apply under that NOC.

In any case, there's not much you can do about it if you want to immigrate to Canada.  There's only one CIC and you'll have to grind your teeth and swear and then do what they say or find another place to immigrate to.

[Maaties]

Hello,

Let me share to you guys my experience. I first applied on April 2008. That was after the new immigration law was passed but before the ministerial instruction. I am an Electrical Engineer(not on 38 NOC). I was the principal applicant. My wife who is my dependent in our application is a nurse (one of the 38). On December 2008, I received a refusal letter from CIC, the reason is not on the 38 list, even if my wife's profession belongs to the 38 list. In that letter they mentioned that I will receive a refund. Before receiving the refund, We submitted new set of application last Feb 2009, this time as my wife as the principal applicant. I am her dependent. Our present status now is in process. On May 2009. I received the refund check from CIC for our rejected first application. To encash it takes 45 days of clearing. Now I got the application fee of our first application back. I cant get the logic for their reason for rejecting my first application. They need somebody like my wife whose profession belongs to the 38. Just a matter of who'se the principal applicant?

yes, but they need not just someone with that job experience, but also with 67 points. They had to reject you so you would then apply using your wife's info and then they can check whether she has 67 points. I kind of understand that. Unfortunately, it is a frustrating process.

[Maaties]

I think if they give PR to the people who do not fit the ministerial instruction, then there will be people who think that is unfair because they did not apply, mainly because they said it is retroactive.

In fact, the only reason why I waited was because they said it was retroactive.

[rupeshdesai]

Dear senior members

I applid for canada PR in may 08 with noc code 2132 (by mistake, as i was not aware of what relevent NOC code i should mention which matches my experience) with 67 points
but still i have received no reply for CIC whether my app is rejected of accepted,
my e-cas status shows " application received"
I came across follwing thing when i was just surfing through CIC website in their OP manual 06 about execptions for those applied after 28 feb 08, can somebody clear out what it means(matter which is  underlined)
OP 06 FEDERAL SKILLED WORKER

8.2 applications made on or after february 27, 2008 – assessing eligibility under the
ministerial instructions
before placing an application into processing, review the complete application and supporting
documents and determine whether it meets the criteria in the ministerial instructions. to be
eligible for processing under these instructions, the applicant must:
• have an arranged employment offer; or
• be residing legally in canada for at least one year as a temporary foreign worker or an
international student; or
• have one year of continuous full-time (or equivalent part-time) paid work experience in the last
ten years in one or more of the occupations listed at the following website:
http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp.
note: eligibility as a temporary foreign worker or international student is not limited to holders of work or
study permits. applicants can meet the above eligibility requirement simply with evidence that their
authorized period of stay has been at least one year, that throughout this period they have been
temporary foreign workers or international students, and that they are still in canada. for international
students, it is sufficient to have studied for one academic year (i.e. two terms or semesters) during
one year of legal residence.
evidence of their authorized stay may include: an entry stamp in their passport, a temporary resident
record, a work permit, or a study permit. evidence of being a temporary foreign worker or
international student may include: letters from employers or schools, records of pay, attendance,
report cards, transcripts, etc. evidence of being in canada may include a residential address and
correspondence sent to that address. these examples of evidence are neither exhaustive nor
exclusive.
persons in canada who have been studying or working here throughout a one-year period, during
which they were also subject to an unenforced removal order, are not legally residing in canada.
their applications are not eligible for placement into processing under ministerial instructions.
applications that correspond to the ministerial instructions are eligible for processing and should
be placed into processing immediately.
op 6 federal skilled workers
applications that do not correspond to the ministerial instructions are not eligible for processing.
in these cases, applicants will be sent a letter indicating that they are not eligible for processing
and that a refund will be issued.
note: exceptions apply to applications received between february 27, 2008, and november 28, 2008.
someone who meets the requirements of the ministerial instructions today, but did not meet them on
the application received date, should be assessed in relation to today's date and not the application
received date. for someone who met the requirements as of the application received date, but no
longer meets them, the reference point should be the application received date. the rule of thumb is
to apply the requirements in a manner that favors the client. applicants could not self screen before
the ministerial instructions were made public.
substituted evaluation cannot be used to overcome failure to meet the ministerial instructions[/u]