Applicant from PhD program after 5 Nov, 2011 connect here to get status

[indusvision]

So Sorry to hear that.

But atleast the good news is that you can now resend your application without any further delay. I would suggest you get a new sealed letter from your university about PhD to avoid any further inconvenience. Rest all should be the same.

BTW: can you please write the text of the letter received from CIC that indicates that the PhD Stream cap was reopened for applications on November 1st 2012 ?
It would help us in clearing the confusion about whether the cap for PhD Stream has been reopened or not ...

Thanks!!!

I have received my application back. The letter says the cap has been reached and that the cap reopened on November 1st, 2012.
The letter states:
The Minister of Citizenship and Immigrtion issued instructions which were punlished in the Canada Gazette on June 25, 2011. Further instructions were published in the Canada Gazette on November 5, 2011. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Worker class.
Your application was reached after the Cap of 1000, and therefore you do not meet the Ministerial Instructions and your application is not eligible for processing.
Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and Refugee Protection Act.(Then the details are given).

[I am still trying to sink in the news, no idea what to do next.]

 

[vickyfellas]

Sorry to hear it!
So, I'm waiting to receive my application again!

It would be of great help if you quote the CIC letter and specially the part that is related to resetting the cap!

VickeyFellas!

I have received my application back. The letter says the cap has been reached and that the cap reopened on November 1st, 2012.
The letter states:
The Minister of Citizenship and Immigrtion issued instructions which were punlished in the Canada Gazette on June 25, 2011. Further instructions were published in the Canada Gazette on November 5, 2011. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Worker class.
Your application was reached after the Cap of 1000, and therefore you do not meet the Ministerial Instructions and your application is not eligible for processing.
Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and Refugee Protection Act.(Then the details are given).

[I am still trying to sink in the news, no idea what to do next.]

 

[ojohn22]

Guys. I know this is ranting but does anyone think this is justifiable given that our applications were held to ransom due to no fault of ours? The same agency that wanted us to apply is undermining the efforts of the applicants. I will like your suggestions on this before I send it and feel free to edit the contents as you wish. If we all agree, then all the affected applicants can forward the letter jointly. Out of the box thinking (e.g NER reversed within days, as a result of faxing complaints letter) such as this has worked with CIC in the past.

Good day to you. My application for Federal Skilled Worker category(PhD stream) was forwarded on *** of October, 2012. At the time, no current update was available on the CIC website to indicate that the cap has been reached.
Several of my colleagues who sent their applications around September are now receiving their returned application (several months after sending the applications) because the cap was full when they filed the applications.

If it was stated that the cap was full, I would have sent in my complete application on the 1st of November.

In the unfortunate even that my application is not considered for processing as a result of the cap limit then I would recommend it be placed in the November timeline. My justification for this is as follows:

1) If CIC had published the cap limit, even as at September, I would not have sent in the application;

2) My intention remains the same and my application was sent in 5 days to the new cap, and since the law has not changed, then it could still be processed along side the 2012-2013 batch;

3) CIC would have denied me the chance to send in my application on Nov 1st, Sending my application of 1st of November would have given me a much quicker timeline and also avoid any changes to the law that could be inconsistent with the 2011-2012 and which may not favour my circumstance.

 

[The_Prince]

ojohn22, good idea. We are being treated with total injustice and disrespect, why don't they put us at the end of the line instead of mailing applications back to us, this is even easier and cheaper for them and it is not gonna hurt anyyyy other applicant !

Really this is the most illogical attitude I have ever seen in my life !

 

[Holygun]

I will probably sent something like that tomorrow via fax...

Emails are not read on time!

Hopefully they have not mailed back my application

 

[aler123]

It is disappointing indeed! My application reached CIO on 23 of September but it seems that it takes them two months to open the package and check the eligibility.

 

[The_Prince]

I will probably sent something like that tomorrow via fax...

Emails are not read on time!

Hopefully they have not mailed back my application

It seems that u already have your application in process, why do u think you may have your application back?

 

[The_Prince]

A new look for CIC website, but still the cap 853/1000

http://www.cic.gc.ca/english/index-can.asp

 

[Holygun]

It seems that u already have your application in process, why do u think you may have your application back?

I have another file submitted on Oct 1st under PhD stream... but this file was returned in July I resubmitted in Oct 1st...

So I am not sure if I am in 1000 cap or not

 

[aler123]

I completely agree with Snow_walker, the cap is reset after 1st Nov and unfortunately, applications received before will not be considered, though it sounds and is completely stupid. The online application status shows the date they received the application not when they opened it. So technically they have to return the application if the cap was reached on that date. The office goes by the book as they are trying to make the system transparent and faster.

@ The_Prince, your frustration is totally understandable but they have not returned yours yet. Wait and watch. God forbid if they do return, the cap is reset and it will give you another chance to open and check that everything is in order so that it is not returned for some bizarre reason. Nonetheless, they are gonna slow anyways due to holiday season (evident from the spreadsheet from last year's timelines). Take a deep breath. Besides aler123 has not responded yet, lets hear his/her story.

We are here to help each other and learn from mistakes made by others and prevent them. Let's keep it friendly.

Glass half full, glass half empty, choice is yours!!!

Good luck to all and hopefully all will be well soon.

My story is that I applied on September 20th and my application reached CIO Sydney Nova Scotia on September 23. At the time of my application the numbers on the website were 853 applications received so I was under the impression that there were 147 places left and I also called the CIC agents to ask if the numbers were correct and was told that they were. So I did not expect to have my application returned in the mail two days ago. As mentioned by another person in the comments I did get a letter from a service delivery agent who explained that my application was ineligible for processing because it was received after the cap of 1000 complete FSW-PhD applications was reached, therefore I did not meet the requirements of the Ministerial Instructions issued on June 25 2011 in Canada Gazette.

If the numbers were updated on the webpage as they should have been then I wouldn't have applied if I knew that the cap was full. The lack of transparency from CIC cost a lot of money and time for me.

 

[Feb2004]

Sorry to hear it!
So, I'm waiting to receive my application again!

It would be of great help if you quote the CIC letter and specially the part that is related to resetting the cap!

VickeyFellas!

"The cap reopened on November 1st 2012. A maximum of 1000 complete new FSW applications from international students pursuing PhD studies or currently who obtained a Phd at a Canadian institution will be considered for processing this year. Cap years will begin on November 1st and end on October 31st, unless otherwise indicated in a future Ministerial Instruction".

 

[Feb2004]

aler123,

Since our applications will be treated as new applications and not the ones returned due to some errors,
which documents do you plan to resend as fresh ones?

 

[ojohn22]

My story is that I applied on September 20th and my application reached CIO Sydney Nova Scotia on September 23. At the time of my application the numbers on the website were 853 applications received so I was under the impression that there were 147 places left and I also called the CIC agents to ask if the numbers were correct and was told that they were. So I did not expect to have my application returned in the mail two days ago. As mentioned by another person in the comments I did get a letter from a service delivery agent who explained that my application was ineligible for processing because it was received after the cap of 1000 complete FSW-PhD applications was reached, therefore I did not meet the requirements of the Ministerial Instructions issued on June 25 2011 in Canada Gazette.

If the numbers were updated on the webpage as they should have been then I wouldn't have applied if I knew that the cap was full. The lack of transparency from CIC cost a lot of money and time for me.

Exactly my point. This kind of delay can even cost us the Perm Residence for no fault of ours. What if they the change rules (which they do without notice and within a short period of time).
I mean it s the easiest thing to do: they already told us to write FSW(PhD) category on the envelope and has a dedicated address for the stream, then they should have just returned them immediately without batching em up. Waiting several months to return something you knew you were not gonna process does not show a lot of efficiency.

For the US Perm Residence system. They renew their cap every year and they don't return people's applications, everyone just knows which applications are being treated since the laws are still the same.

In the same vein, MI-4 is our batch and so the significant difference is the time of application submission, therefore, they should have placed those applications in the 2012-2013 batch.

Anyways we ll see what happens.

 

[vickyfellas]

Hey Guys!

Anyone have a Fax number for Sydney?

VickyFellas!

 

[zedd4x]

Hi folks,

I received an email a few days back saying that I have a positive determination of eligibility and that my application would be forwarded to a visa office for further processing. It also mentioned the date on which cc/bd was encashed. Is this the PER email ? Or would I get a seperate email for that ? I am not 100 percent sure. Also do the following requests for docs etc. after PER come via email ?

Thanks,
zedd4x