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All cases will be treated / processed

dilawer02pg12

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Nov 17, 2008
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Hi
Every body

Hope u will be fine

Some one told me that the occupations include in new “38 occupation list” are most demanding occupation in Canada. These occupations are most needed and rest of occupation which are not present in the list are also needed but on low priority as compared to high demand occupation list

So don’t worry

All cases will be treated / processed but there is only difference of time period
High demanding (38 – occupation list) take less processing time
On other hand rest of the occupations take little more time as compared to high demand list

Please give your comments
 
C

cchabert

Guest
Well so far I haven't read any post that mention that CIC start to return applications because they are not in the 38 list, so let's wait and see.
 

Leon

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dilawer02pg12 said:
All cases will be treated / processed but there is only difference of time period
High demanding (38 – occupation list) take less processing time
On other hand rest of the occupations take little more time as compared to high demand list
Who told you that? According to the CIC website at http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp applications for skilled worker will only be processed if you meet these conditions:

. According to the Minister’s instructions, your application is eligible for processing if:

* you have an offer of arranged employment, OR
* you are a foreign national who has been living legally in Canada for one year as a temporary foreign worker or an international student, OR
* you are a skilled worker who has at least one year of experience in one or more of the occupations listed here.


Those who applied before February 27 are under the old rules and don't have to meet these conditions. Everybody who applied after that is under the new rules and will have to meet these conditions.
 

trina_physio

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Dec 10, 2008
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Those Federal Skilled Worker applicants (submitted on or after February 27, 2008) do not have experience in a listed occupation, will have their applications returned and their processing fees refunded (unless the Minister has otherwise instructed that applications be retained).

I got this directly from the CIC website. By "listed occupation", do they mean only the 38 or the whole NOC list? Because if you read the above statement, it clearly says that the applications will be returned and processing fees refunded unless the Minister instructs otherwise. Then again, it is a very new law and we'll have to wait and see for now.
 

dilawer02pg12

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cchabert said:
Well so far I haven't read any post that mention that CIC start to return applications because they are not in the 38 list, so let's wait and see.
it means i am correct and cic will not return any application unles slow down non demanding occupation process
 

Leon

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According to the CIC website, they will return them. The new rules were only published a couple of weeks ago. Obviously not enough time for CIC to start returning applications.

From http://www.cic.gc.ca/english/information/faq/immigrate/skilled/skilled-faq06.asp

With changes to the Immigration and Refugee Protection Act, federal skilled worker applications received on or after February 27, 2008 will be assessed for eligibility according to a set of instructions issued by the Minister of Citizenship, Immigration and Multiculturalism.

From http://www.cic.gc.ca/english/information/faq/immigrate/skilled/skilled-faq03.asp

If you applied on or after February 27, 2008, and your application is not eligible for processing, you will get a full refund.
 

manuwhiff

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Dec 5, 2008
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slmz said:
How come some people just don't get it? :p Not eligible = not eligible.
how can you be so sure? coz the difference in job duties in some of the categories is very minimal, like in case of me and my friend, if we have little hint about the 38 list, we can easily change our category without modifying our job duties
 

Leon

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Yes, you can ask CIC to amend the NOC on your application to fit something that is on the list. CIC will decide if you are really entitled to apply under that NOC or not and if they will allow people to amend their NOC's or not.

That was not what OP was saying though. OP was speculating that applications that don't fit the list of 38 will still be processed but slower, not based on anything that CIC had published but based on what he thinks will happen or what somebody told him will happen. According to the CIC website, it is quite clear that applications that don't qualify under any of the 3 categories will be returned and fees refunded.

If you can amend your application to make it qualify before it's returned to you, either by amending your NOC or adding an AEO, you might be ok.
 

citationx750

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Dec 8, 2008
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I guess this is a case where Law is steered by sheer will power or is it empty hopes leading to hallucination? If you want to really help yourself, do so by preparing a new case or plan. Don't choose to believe this one thing that one person said just because you liked what you heard while plainly rejecting everything else including official announcements.

Things will start rolling after the holidays. That includes the returning of disqualified applications. Wait until then and you will be at the end of the long line again. We all know what that is like.

Just my 2 cents.
 

dilawer02pg12

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i had discussed this whole thing with my consultant. And he says CIC never ever returned or refuse any one.
But they will slow the process which is not present in the 38 high demand occupation list
 

Leon

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dilawer02pg12 said:
i had discussed this whole thing with my consultant. And he says CIC never ever returned or refuse any one.
But they will slow the process which is not present in the 38 high demand occupation list
CIC never refused anyone before? Where did you find this consultant? I hope you didn't pay him too much. It sounds to me like a perfect example of a consultant who will tell you anything to get your money. "Sure you will not be refused, now pay me." If that is not the case, your consultant has not actually been checking the CIC website after the new rules were posted. Before the new rules were posted, there were some ideas on there on what they might be and one of the initial possibilities was that priority applications would be fast tracked and other applications could still go through but when they posted the new rules, they omitted that possibility.

CIC has refused plenty of applications in the past for all kinds of reasons and as for the new rules, they will also be returning applications that don't qualify for FSW 1, 2 or 3. The reason they haven't returned any yet is because the new rules were only posted a couple of weeks ago which is just not enough time.