Moving the goalposts after application should be illegal.

[Leon]

it is only fair that all those people who applied between Feb 08 and Nov 08 who are not on the new list of 38 occupations, should be given the opportunity to either:

a) opt out and get a refund    or
b) be processed under the old rules even if that means their application would take 3/4/5 years to process    or
c) get AEO, apply under PNP etc

a) you can withdraw your application and get a refund and you will also get a refund if your application gets rejected because of your occupation
b) no luck there
c) if you can get an AEO and add it to your FSW application before they have time to reject it due to wrong occupation, your application will go forward.  if they do reject your application before that, you can use the AEO to apply for FSW again or you can use the AEO to apply for PNP

[Leon]

Leon, you said people who apply with the wrong occupation will get a refund. Is that for people who applied between Feb to now or does that also include applicants going forward?

See http://www.cic.gc.ca/english/information/applications/guides/EG77.asp where it says:

Eligibility Review     

If your declared occupation does not correspond to the list of eligible occupations identified by the Minister of Citizenship and Immigration, or you do not have the required experience, you will be sent a letter that:

    * provides details on the reasons why your application is not eligible for processing
    * confirms that a refund for the processing fee will be issued by CPC‑Sydney within a few weeks

[Alvin s]

they did not move the dates. They announced it long ago that any application received after Feb 27th would be processed on the new rules. Its not their fault that people applied not knowing the new rules. Its unfair to blame Canada.

Well i must blame myself for missing that, i saw no warnings at all. I even went to 3 immigration companies who offered a no PR no fee thing and they all said i would fine though i did my application alone in the end.
An AEO or PNP would be difficult for me as all my money is tied up in the house and i have 3 children to look after so can't travel to CA for interviews.

Does anyone know how long a refund will take and if its paid in Canadian dollars?
Should i just wait for a refund or contact them and withdraw my application in the hope i get the refund sooner?

I paid over £650 for this application, with the pound doing worst against the dollar now does this mean i may get more back than i paid if its refunded as a cheque in CAD? It could have been the other way round i suppose.