Bill C-38 has passed

[jnathan]

Dreams shattered !!!

End of story for SELDEC 0 applicants !

 

[Dr.Hasib]

Bill C38:

As of 11PM, Thursday dt. Jun-14, 2012, the Omnibus Budget Bill C38 stands 'passed' by the parliament, with certain changes in many of it's sections, however the section on IRPA [Immigr. & Refugee Protection Act] remaining mainly intact.

Part-4, Div-54 of Bill C38 summarily dismisses approx. 300,000 pending FSW applications filed on or before Feb-27, 2008 effectively. Wherein, an estimated $130 million of processing fees will be refunded to the 'lost' applicants, without interest fees and without any legal right of remedy or indemnity.

The bill is to get a third-reading on Monday, Jun-18, 2012 then it goes to Senate, where it's likely to be formulated into a 'law'.

Does it cast aspersions on the integrity of the Canadian Immigr. System? --YES. Does it put a dent on the universally accepted Canadian norm for operational fairness? --YES. However, it's the law, voted successfully by a majority of members of the parliament, responding to the changing labour market needs... irrespective of a 'plea' submitted by CBA [Canadian Bar Association] on May-29, 2012, pls refer below.

As such, like it or not, we may just have to gulp it in the larger interests of the country.

NOTE:
This bill [C38] hits only the applications filed till Feb-27, 2008 -- and who has yet to receive a SELDEC-1. Their e-Cas of "in process" doesn't matter. While, if their e-Cas states "DM" after meds -- then obviously those cases r thru.

Qorax
Ps.: http://www.cba.org/cba/submissions/pdf/12-31-04-eng-Division54.pdf

thanks for sharing

 

[mshaikh]

This just called Back - Dating of rules !!

What's the guarantee it will not happen for all those who applied after Feb 2008?

Come July 2012, minister will say.. hey no matter what were the laws when you applied, here are new laws which will be applicable to your applications.

I think it's fair to say they intentionally make FSW application processing painfully slow so you wait until few years and then they discard your applications.

Bottom line - PNP is the way to go if you want to immigrate to Canada that's the indirect indication !
FSW is just to cheap to let people get -in. PNP is so much more expensive and complicated and has many layers like employer/provincial bodies etc..

 

[SASIF]

Hi


If it is Pre 2008 application, the following will apply when the act is proclaimed.

87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements appli-cable to that class.

Application
(2) Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012.

Application


Effect

(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.

Fees returned

(4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

No recourse or indemnity

(5) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).
__________________

Some 2004 and 2005 applicants received provisional acceptance letter and then have been waiting since, where do you think they are placed now.

 

[Cappuccino]

Dreams shattered !!!

End of story for SELDEC 0 applicants !

I have nothing but deep sympathy for the hundreds of thousands of applications affected. I wonder what the government is going to do with up to 8 years' interest on $130mil that it has stolen and kept in its pocket? But anyway, as others have said, it's the law - even if it's unfair and corrupt, and no amount of petitions or Facebook groups is going to change it.

But if Canada is truly your "dream" then my advice is do not give up.

And who knows, maybe if a revised list is published on 1st July some of those affected may have work experience in those categories and may be able to reapply?

And if not, there are other routes into Canada besides FSW1 such as FSW2 and PNP.

The story is only over for those that let it be over.

 

[affectee2004]

yes i ve similar qs wht abt ppl having provisional acceptance .

 

[hopefulever]

Dear Qorax, Will this law also make the court ruling null and void. those 900 + applicants will also recieve refunds. Pl do reply,

 

[noman]

Dear Qorax

i'm 2004 sep- applicant and SDEC is 0, but as per caips notes they awarded me 71 points and also they mentioned that every thing is ok regarding my case and all verifications have been done, but the sdec is 0......last month i sent an email to CHC london and enquired about my case then last week they replied me that your application is now under review by visa officer and most probably that the medical will be sent to you with in 2 months...........so could you understand the thinking of CHC london becaues in Feb-2012 when i got caips notes the the SDEC is 0 then how they are replying me that the medical will be sent with in two months ......whats ur understanding in this regard

regards


noman

 

[affectee2004]

noman have they told u abt background n securiy checks befor informing abt medicals .as i m march2004 applicant n vent got medicals yet . :'( .how u check seldec .

 

[Jewel1020]

PSDEC-1 only indicates paper screening has been done. It doesn't mean anything else.

Dear Qorax , Pl find bellow for clarification of PSDEC for before 27 Feb 2008 applicants , that written by our friend Jahangir
Now what about your opinion of the expatuion

"Mind it we all are applicants of simplified system.

Simplified kits and forms have been developed to guide applicants through the application process. Applicants are required to complete and submit a three-page form along with the processing fees, which secures them a place in the processing line.
All supporting documents will be requested at a later date, usually about four months before the visa office is ready to assess the application. A letter of receipt provides advice to the applicant on labour-market preparation. The letter also encourages applicants to take advantage of the waiting period. For example, some applicants could use this time to start courses to improve their language skills.
For Example:
I applied on December 12, 2006 and got full documents request on November 4, 2009 and in my CAIPS my PSDEC one Nov 4, 2009
You got my point

Now come to new circular

Under proposed legislation, CIC will close the files of FSW applicants who applied before February 27, 2008, and for whom an immigration officer has not made a decision based on selection criteria by March 29, 2012. This is expected to affect around 280,000 applicants, including their dependants. CIC will begin the process of returning the full amount of fees paid to the Department by these affected FSW applicants. For those who have passed the selection criteria stage – approximately 20,000 people – CIC will continue processing their applications until they are approved for entry into Canada or not.

Now a decision based on selection criteria:
A "decision based on selection criteria" means that an immigration officer:
• has assessed your FSW application against the points grid, and
• has made a decision on whether or not you meet the selection criteria of the program.
 
Currently, the pass mark is 67 points out of a grid worth 100 points. The grid considers the person's:
• ability in English and/or French
• education
• work experience
• age
• whether they have a job already arranged in Canada (arranged employment), and
• how well they might adapt to living in Canada (which awards points for things like previous work or study in Canada, spouse's education and relatives in Canada).
If your application is successful, you would move to the next phase (i.e. admissibility). At that point you would be checked against health, security and criminality requirements before being allowed to enter Canada.
If you do not score at least 67 on the FSW points grid, your application would be refused and CIC would inform you of the decision.

According to my CAIPS Visa officer assessed my file based on submitted documents and marked me on September 24, 2010,
I think you are clear.

For your kind information Singapore visa office asked to pay our landing fee along with our full documents.

Now think how did SVO ask for landing fee before medial?

SELDEC is variable...

I am not interested to talk with you about this matter. You are no longer 2006 applicants.
Yes I promise, I will meet with you face to face...!!

Note: All above information references are from www.cic.gc.ca, not from any forum.


Regards,

Md. Jahangir Alam "

 

[hopefulever]

Hi Qorax, Are you annoyed with me ,sir. You are avoiding my queries which I asked above. Pl sir reply if 900+ litigants will again have to file the class action suit in case C38 becomes law. As for the information I collected court order will become null and void if bill becomes law. Can this happen? Is there no regard for judicial decsions in canada.

 

[shaafqatz]

Part-4, Div-54 of Bill C38 summarily dismisses approx. 300,000 pending FSW applications filed on or before Feb-27, 2008 effectively. Wherein, an estimated $130 million of processing fees will be refunded to the 'lost' applicants, without interest fees and without any legal right of remedy or indemnity.

I believe thats ur answer...

Hi Qorax, Are you annoyed with me ,sir. You are avoiding my queries which I asked above. Pl sir reply if 900+ litigants will again have to file the class action suit in case C38 becomes law. As for the information I collected court order will become null and void if bill becomes law. Can this happen? Is there no regard for judicial decsions in canada.

 

[ferdous]

PSDEC-1 only indicates paper screening has been done. It doesn't mean anything else.

@qorax

in the link http://www.cba.org/cba/submissions/pdf/12-31-04-eng-Division54.pdf there is no point of mentioning about SELDEC 1. it only mentioned who have passed 67 marks. I think those people who passed the mark are still in the processing and will get MR shortly.

 

[noman]

That's really encouraging news for all pre 2008 applicants.....
just hve faith on Allah.

 

[affectee2004]

how its encouraging ?elaborate plz