Federal Skilled Worker Class Action Lawsuit

[kiwi1]

hi topchi

the same thing happened to me in the past...i thought of the same, but when i did try to log in again a day later, my account is still there up until now with the same status....'in process' [since March 2005 like u]

try again tomorrow...it may be different by then...

update us what's the result...

cheers

Dear Friends,

Kindly check your application status. I just did .

I am a January 2005 applicant....My earlier status showed that my application was received and they had started processing the same in March 2005...

Now, when I log in I get a message that they are "unable to identify me using the information provided"...One of the reasons given is that "the service is only available to clients with application in process. We may have received your application but not yet begun processing it".

Probably this indicates the end of the road for me.....after a wait of 93 months....

 

[sac]

Ultimately what will be the final position? Do you still have hope?

The processing time on CIC for pre-2008 is showing 97 months where as we have already crossed the time frame.
Are they fooling us?

Really very confused and disappointed at this time. One cannot do any planning for family.

Hello KK2345! I applied on February 2008 and I must be processed by Year 2015, granting I am not refunded and my application returned to me! I can wait until then but I shall be 47 years old then! Though I am single and do not plan to have a family, I do have plans too! I am also losing hope. . . .

 

[sac]

Dear Friends,

Kindly check your application status. I just did .

I am a January 2005 applicant....My earlier status showed that my application was received and they had started processing the same in March 2005...

Now, when I log in I get a message that they are "unable to identify me using the information provided"...One of the reasons given is that "the service is only available to clients with application in process. We may have received your application but not yet begun processing it".

Probably this indicates the end of the road for me.....after a wait of 93 months....

Hello Topchi,

If you applied in 2005 and until now you are still waiting for your application to get responded to with notices of submission of additional documents and medical check-up, then my application done in 2008 must also mean waiting the same years as you do! By then I would be 47 years old. Though I have three masteral degrees in management, including one that I took as modular course at McGill University of Montreal, I am sure if I can land a job in Calgary where I intend to settle down. This waiting, and this law by the Conservative Government to refund us all and return our applications is killing my hope for my life. I have no other dream now than to join my sisters in Canada, be near them and start my life over as immigrant in that beautiful country.

 

[topchi]

Hi Sac,

I did update and submit my documents with CHC, New Delhi in Feb/Mar 2009...but have not heard from them since. Since I did not obtain CAIPS, am not sure of the status of my application....medicals is a far cry..

I have joined the litigation (class action lawsuit) though, with David Cohen whose teamed up with the Bellisimo Law Group. The outcome of this litigation is yet uncertain...and has to pass its first test in November 2012 when it comes up for hearing for the case to be recognised as such...ie a class action lawsuit. The final verdict is not expected till mid or late 2013..by which time all of us would have grown older..and probably quite a few would not be keen anymore since their children would not qualify the requirements.

From what I understand, it would be prudent for you to consider filing a fresh application once the FSW category reopens in Jan 2013...your application stands a better chance...Your management course from Mc Gill Univ should be a +ve for you in the fresh application. Appear for the IELTS in this qr and prepare a draft application with the present requirements..(this may change once the final notification is posted on the CIC website)

Sac...don't lose hope..just b proactive and gear up for the changes and seriously consider filing a fresh application in Jan 2013.. One cannot be sure of the outcome of the court cases as also of the approach by the Conservative Govt, which is hell bent on eliminating the backlog.

Surely you would realise your dream of being with your near and dear ones in Calagry...

I would advise all such affected persons to seriously consider filing a fresh application in Jan 2013

 

[hopefulever]

HAI HAI JUSTICE, HAI HAI JUSTICE ----

 

[sac]

Hi Sac,

I did update and submit my documents with CHC, New Delhi in Feb/Mar 2009...but have not heard from them since. Since I did not obtain CAIPS, am not sure of the status of my application....medicals is a far cry..

I have joined the litigation (class action lawsuit) though, with David Cohen whose teamed up with the Bellisimo Law Group. The outcome of this litigation is yet uncertain...and has to pass its first test in November 2012 when it comes up for hearing for the case to be recognised as such...ie a class action lawsuit. The final verdict is not expected till mid or late 2013..by which time all of us would have grown older..and probably quite a few would not be keen anymore since their children would not qualify the requirements.

From what I understand, it would be prudent for you to consider filing a fresh application once the FSW category reopens in Jan 2013...your application stands a better chance...Your management course from Mc Gill Univ should be a +ve for you in the fresh application. Appear for the IELTS in this qr and prepare a draft application with the present requirements..(this may change once the final notification is posted on the CIC website)

Sac...don't lose hope..just b proactive and gear up for the changes and seriously consider filing a fresh application in Jan 2013.. One cannot be sure of the outcome of the court cases as also of the approach by the Conservative Govt, which is hell bent on eliminating the backlog.

Surely you would realise your dream of being with your near and dear ones in Calagry...

I would advise all such affected persons to seriously consider filing a fresh application in Jan 2013

Hello Topchi,

Thank you so much for your encouraging words. . . I hope someday, when we are all there in Canada, I can meet you and your family. So it is possible to file a fresh application by 2013 even if I have a pending application now considered for refund by the CIC? If this is possible, then I shall file a new one indeed! I can also take an IELTS exam before the end of this year.

How about you, are you still holding that aspiration to migrate to Canada despite all these difficulties we are now encountering? I did not join the litigation group because I am planning to visit my sisters in July 2013, during summer time, on a tourist visa. I am deathly afraid that if I join the litigation, I would not be granted a tourist visa since I have a pending case against the CIC.

I wish you good luck in your application. I have many Indian friends. I am a Filipino.

 

[jo_1501]

Like you i applied february 2008, submitted all documents in january 2009, and had a baby in 2010 her documents was requested by the visa office in 2011 that was the last time i heard from them. Im remaining hopeful, i prefer to wait three more years and know i will get thru after all this time than just get rejected.

Hello KK2345! I applied on February 2008 and I must be processed by Year 2015, granting I am not refunded and my application returned to me! I can wait until then but I shall be 47 years old then! Though I am single and do not plan to have a family, I do have plans too! I am also losing hope. . . .

 

[avijitsg]

I have got the following from the federal court, if any one understand please explain:

Quote:
2012-10-03
Amended Written Directions of the Court: The Honourable Mr. Justice Barnes dated September 27, 2012, directing: ¿The Court requests that, in order to streamline consistent processing, that counsel make reference to their lead file docket number when making future Court filings. The Court directs that all communications/ correspondence to the Court be directed to Registry as follows: Attention: SRO-IMMIGRATION , The Registrar , Thomas D'Arcy McGee Building 90 Sparks Street , Ottawa, Ontario K1A 0H9, Fax: 1-613-947-2141, Email: OTTAWA-MANDAMUS@cas-satj.gc.ca Counsel cooperation is greatly appreciated.¿ received on 03-OCT-2012

2012-10-02
Letter from Bellissimo Law Group dated 01-OCT-2012 "Further to our letter of 27 September 2012, we write to advise that we have been in communication with the Respondent. We are currently awaiting the Respondent's agreement of otherwise to our proposal in respect of the motions that we had intended to bring in Ms. Tabingo's name. (...)" received on 02-OCT-2012

2012-09-28
Copy of a Letter from Bellissimo Law Group to Martin Anderson, ILS dated 27-SEP-2012 "We are ibn receipt of your letter of 24 September 2012. Therein, the Court was advised that the Affidavit of James McNamee contained within the 14 September 2012 Motion Record was to be relied upon in considering the Respondent's Memorandum of Argument, received by our office on 19 September 2012. (...)" received on 28-SEP-2012

2012-09-28
Letter from Bellissimo Law Group dated 27-SEP-2012 "We take this opportunity to advise the Court that our office will be bringing a Motion next week in respect to the Application for leave for Tabingo (IMM-5635). Our Motion will seek relief as follow: (1) an extension of time for filing our Memorandum of Reply (...)" received on 28-SEP-2012
Unquote

 

[hopeful4]

I do not pass under the new application conditions ,,and even if I did , would you garentee that our new application will not be neglected after they introduce yet another priority :'( immigration system?
And would you go through issuing ALL documents again, translation and worst of all another EILTS test?
I Lost belief in the Canadian integrity alltogether

 

[sac]

I do not pass under the new application conditions ,,and even if I did , would you garentee that our new application will not be neglected after they introduce yet another priority :'( immigration system?
And would you go through issuing ALL documents again, translation and worst of all another EILTS test?
I Lost belief in the Canadian integrity alltogether

Hello Hopeful,

How do you know that you did not pass under the new application conditions? You took the online assessment? I am losing hope too but there are still litigation going on. We can wait with hope and strength. I am from the Philippines. If I am unable to migrate to Canada, I will stay put in my country and make do with what we have here. Take care

 

[hopeful4]

I am a university tutor so I do not belong to any of the 29 jobs which were in the last FSW program. Do you think that they might change this list to include more jobs?
But if my job was included this means I am only going to repeat the same application of 2008,they have my file,why should they force me to apply twice?

 

[farmerofthedell]

hopeful4: Kenney has tweeted that FSW 2013 will be open to NOC 0, A and B, but there will be a yet-unannounced cap.

sac: Please review the proposed points system for FSW 2013. You will be penalized heavily due to age, but I have calculated that it is still possible for you to qualify.

 

[sac]

hopeful4: Kenney has tweeted that FSW 2013 will be open to NOC 0, A and B, but there will be a yet-unannounced cap.

sac: Please review the proposed points system for FSW 2013. You will be penalized heavily due to age, but I have calculated that it is still possible for you to qualify.

Hello farmerofthedell: when you said to hopeful4 that keeney tweeted that FSW 2013 will be open to NOC 0, A and B does that mean our pre-February 2008 applications will be assessed under the FSW 2013 selection grid? Or we need to re-apply under the FSW 2013?

I guess I will get no points at all in my age because I am already 44. I am sure to get the maximum points for education (i have three masteral degrees in management with one taken at McGill University). It is the age that shall be my Achilles heel under the FSW 2013 selection criteria.

sac

 

[hopeful4]

Thanks alot farmer of the Dell for the valuable info. My NOC is 4011 (which includes Assistant & Associate Professors,
Lecturers) is listed under the A Level. Does this mean that I can apply?
What is the source of your above info? please provide me for a link to this,because if this is true, than I will have to prepare my documents since now to catch the opening of the program in Jan

 

[farmerofthedell]

FSW 2013 will not be applied retrospectively.
Kenney's tweet regarding occupations in FSW 2013: twitter dot com slash kenneyjason slash status slash 237917878337286144
Kenney's tweet regarding a cap in FSW 2013: twitter dot com slash kenneyjason slash status slash 242643175259394048

sac: Under the proposed point system, you can still get 71 points max as long as your sister assists you with proof of relative requirements, and if you can get CLB 9 in English and CLB 5 in French (67 points max without the French). You need a PhD to get full 25 in education, but can probably get 23 points for your Canadian master's degree. It is unjust, though, for Canadians to downgrade our Philippine degrees by two years when IQAS of the govt of Alberta has published that PH bachelor's degrees are equivalent to just 1 year less than Canadian degrees, and master's degrees are mostly equal (google "IQAS alberta philippines", first result).

I'm not discouraging anyone from any litigation; in fact I'm part of the Tim Leahy group since January. I'm just saying, prepare a Plan B if you can.