are the excluded NOC's of occupation list after june 2010 are in danger?

[sum122119]

hey, everyone, see the below mail which one of my friends forwarded to me about the refusal of an unlucky applicant. its pretty disheartening and confusing for me!


================


From: FSW-Centralized-Intake-Office <FSW-Centralized-Intake-Office@cic.gc.ca>
To: ----------------
Sent: Fri, December 18, 2009 11:44:42 PM
Subject: Application for Permanent Residence in Canada


FEDERAL SKILLED WORKER
CENTRALIZED INTAKE OFFICE
P.O. BOX 7500
SYDNEY, NS B1P0A9

PAKISTAN

18 December 2009

*B***** *

Dear Madam:

Your application for permanent residence in Canada in the Federal Skilled Worker Class was received in Islamabad on 26June2008. Your application has since been transferred to the Case Processing Centre in Sydney , Nova Scotia , Canada for assessment.
As you may be aware, changes were made to the Immigration and Refugee Protection Act which affect applications submitted on or after February 27, 2008 . Since your application was received on or after this date, your application is subject to these amendments.
Section 87.3(2) of the Immigration and Refugee Protection Act stipulates that
The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada .
Section 87.3(3) further states that
For the purposes of subsection (2), the Minister may give instructions with respect to the processing of applications and requests, including instructions
(a) establishing categories of applications or requests to which the instructions apply;
(b) establishing an order, by category or otherwise, for the processing of applications or requests;
(c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and
(d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.
Pursuant to the above sections, the Minister of Citizenship, Immigration and Multiculturalism has issued instructions which were published in the Canada Gazette on November 28, 2008 . These instructions specify that only applicants who have an Arranged Employment Offer, who are legally residing in Canada for at least one year as a Temporary Foreign Worker or an International Student, or who have work experience in the listed occupations are eligible to be processed in the Federal Skilled Worker class.

You have not indicated in your application that you have an Arranged Employment Offer or that you are legally residing in Canada for at least one year as a Temporary Foreign Worker or an International Student. Your application has therefore been assessed on the basis of whether you have work experience in the list of occupations eligible for processing. These occupations are identified by codes and described in the National Occupational Classification (NOC). You may access the list of eligible occupations at: http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list

You have indicated that you have work experience in an occupation with the following NOC code: 2112 - Chemist, R & D. This occupation is not included on the list of eligible occupations specified in the instructions identified by the Minister of Citizenship, Immigration and Multiculturalism and published in the Canada Gazette on 28 November 2008.

For the reasons outlined above, your application does not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

The fees that you have paid are refundable. You will receive a cheque within eight to twelve weeks at the address provided in your application. If you have changed your address please advise us immediately of the new address. Address changes should be faxed to (902) 270-3561.
Please note: The Fax number listed above is solely for the purpose of providing an updated address. Any communication/queries other than an updated address to this Fax number will not be actioned.

There are many ways to immigrate to Canada. Although you have not satisfied the requirements to apply under the Federal Skilled Worker Class, you may qualify under another category. To learn more about your options, visit http://www.cic.gc.ca/english/immigrate/index.asp.

Thank you for your interest in Canada .



B Gillis
Service Delivery Specialist
Citizenship and Immigration
Federal Skilled Worker Centralized Intake Office
Sydney, Nova Scotia

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to who they are addressed. This message contains confidential information and is intended only for the individual(s) named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. If you have received this e-mail by mistake delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

This e-mail address is solely for the purpose of communicating to clients and/or their representative’s further instructions regarding their application. This e-mail box is not being monitored. Any future communication/queries to this e-mail address will therefore not be answered.

=======================

i know it says the occupation amendment in 2008 but the same could be identified with this change in list of occupations of 2010 as well. i would like to have expert opinion from everyone over this mail of cic.
lets investigate and share our information.
thanks.

 

[saedmahraan]

I think when cio prove anyone and he got the 67 score with ielts and his paper is ok it is 95 % will be proved

 

[sum122119]

but i am most concerned when they say the below.
quote
=============
You have indicated that you have work experience in an occupation with the following NOC code: 2112 - Chemist, R & D. This occupation is not included on the list of eligible occupations specified in the instructions identified by the Minister of Citizenship, Immigration and Multiculturalism and published in the Canada Gazette on 28 November 2008.
=============
unquote

the time lines mentioned in the letter tells her application was received on june 2008 and cic is referring to the changes which were brought on november 2008. Moreover check the date of refusal mail and it states December 18, 2009. That means from June 2008 to december 2009 they kept the application with them and then send a refusal basis on the charges which were brought 5 months after the receipt of her application.

what does that mean?

 

[saedmahraan]

ok simply this friend sent his papers before minstrial instructions at all

whith noc out of eeligible list bublished later

nowadays we know the list then send

 

[Pippin]

Any refusal is sad, but I think the important section has been missed in this - "Your application for permanent residence in Canada in the Federal Skilled Worker Class was received in Islamabad on 26June2008. Your application has since been transferred to the Case Processing Centre in Sydney , Nova Scotia , Canada for assessment.
As you may be aware, changes were made to the Immigration and Refugee Protection Act which affect applications submitted on or after February 27, 2008 . Since your application was received on or after this date, your application is subject to these amendments."
It appears the changes were in the Gazette in November 2008, but effective back to February 2008. I say "appears" as I have not researched them.
I do not know if they offered the same assurances three years ago, but recently they now say your application is ASSESSED UNDER THE INSTRUCTIONS IN PLACE AT THE TIME OF RECEIPT.

 

[sum122119]

thanks. That means we are safe even if our NOC is excluded ? Remember I am Nov 2009 applicant with 4131 which is excluded from the list of occupation under amendments of june 2010. So what I have understood is that under the rules of 2009 , the already submitted applications will be processes according to the rules applied back then ..... am i right in my comprehension ?

 

[saedmahraan]

yes