Federal Skilled Worker Class Action Lawsuit

[hopeful4]

Sac if your application is closed, it does not exist,,,so I Think yo can easily apply under FSW1
Kenney himself said all closed pre feb 2008 cases can apply again in next Jan

 

[sac]

Sac if your application is closed, it does not exist,,,so I Think yo can easily apply under FSW1
Kenney himself said all closed pre feb 2008 cases can apply again in next Jan

Hopeful, thank you for that. But if I apply by January 2013 and yet there is still an ongoing litigation towards Class Action Lawsuit and although I did not join in any of the groups litigating but would be part of class if the federal court would certify it as such, would I be of disadvantage situation since in my Pre-February 2008 FSW application the criteria are less stringent (specially in the age point)? What if the class action suit wins and the court will declared the closed files to be assessed, then I would have two pending applications and then CIC can opt to process my January 2013 FSW1 application where the criteria are much stringent, including the arranged employment and only 29 priority jobs? This is my dilemma. Kindly share your thoughts before I make the final decision. Would it help if I get my CAIPS first so that I may know where I stand in my Pre-February 2008 application?

 

[hopeful4]

sac do not worry about all of this. If your application is closed (SELCDEC 0 in caips notes ) then do not hesitate to apply. Even if the class action is won, you will not be disadvantaged. IN contrary you well have two chances of success. Actually , I would say that if you fit well in the new system forget about the old application and you will be taken in 2013 under the new system in a couple of months like everyone else.
BUt if your scores were not 67 under the new system because of age, then you have no other option other than to wait for the outcome of the class-action
Did you order your CAIPS notes yet?

 

[sac]

Hello Hopeful4: I will order my CAIPS today. I just go to my place of residence to get my AOR because I think this is needed in ordering my CAIPS notes. So if my CAIPS notes says SELDEC 0, that means my file is closed? That's it? How many weeks am I able to get my CAIPS notes after ordering it online?

 

[hopeful4]

mine arrived after 5 weeks usually 4-6 weeks
If your seldec is 1 or 4 you are safe, 0 you lose
in the second case apply again simply so

 

[farmerofthedell]

Farmerofthedell: If I applied as FSW1 in my pre-February 2008 application, then I should not apply as FSW1 in January 2013 but in a different category? Is this what you mean?

sac: You can still apply. While you are using the same qualifications for both programs (although with additional education in 2013), you will be applying under a different set of rules for the new program. I suggest you just keep your old file active, then continue applying under the new program. Whichever gives you a visa first, get a refund for the other one. Just a note about hopeful4's statement regarding an application closed by s.87.4: While it is considered closed, it still exists as "closed" until June 2014, as promised by CIC. I do keep in mind, though, the political reality: "promises are made to be broken."

hopeful4: There are many who are in your situation. In the case of Manila VO, there are Feb 2005 applicants who got their visas around April 2012, even as there are Nov 2004 applicants who did not get requests for update. If the CIC website had a complaint section, they'd need to staff it permanently, and one person probably won't be enough. Also, complaint due to delay is exactly what a Mandamus case is for.

 

[Jewel1020]

mine arrived after 5 weeks usually 4-6 weeks
If your seldec is 1 or 4 you are safe, 0 you lose
in the second case apply again simply so

Hi Hopeful4
As per OB 442 - June 29, 2012 , the file will continue process
if the Visa officer
has established whether the applicant meets the selection criteria prior to March 29, 2012 the application has not been finalized before June 29, 2012… processing of the application continues to a final decision; and
fees paid to CIC will not be returned to the person who paid them.

If any one get 67 point and PSDEC 1 his/her file will process for next step . You no need to get SELDEC 1 0r 4
pl read bellow that i noted from the OB 442 rregarding SELDEC

"A decision as to whether the aplicant meets selection citeria was made if , prior to march 29,2012 the following action was taken --

the file notes clearly state that thes election criteria have or have not been met , but a selection decision has not yet been enter in to the processing system

 

[annel]

I've just been on the court index to see the latest, who can tell me what this mean?

Letter advising that no reasons exist on the application terminated under S.87.4(1) sent by HCC, Pretoria, South Africa on 15-AUG-2012 pursuant to Rule 9(2) Received on 15-AUG-2012

 

[hopeful4]

Hi Hopeful4
As per OB 442 - June 29, 2012 , the file will continue process
if the Visa officer
has established whether the applicant meets the selection criteria prior to March 29, 2012 the application has not been finalized before June 29, 2012... processing of the application continues to a final decision; and
fees paid to CIC will not be returned to the person who paid them.

If any one get 67 point and PSDEC 1 his/her file will process for next step . You no need to get SELDEC 1 0r 4
pl read bellow that i noted from the OB 442 rregarding SELDEC

"A decision as to whether the aplicant meets selection citeria was made if , prior to march 29,2012 the following action was taken --

the file notes clearly state that thes election criteria have or have not been met , but a selection decision has not yet been enter in to the processing system

Tim leahy is the one who told me about SELCDEC 1 or 4. I Think he knows better because he handles a couple of hundreds of pre feb 2008 cases. BUt nothing is certain with CIC,,,, that is for sure

 

[farmerofthedell]

I've just been on the court index to see the latest, who can tell me what this mean?

Letter advising that no reasons exist on the application terminated under S.87.4(1) sent by HCC, Pretoria, South Africa on 15-AUG-2012 pursuant to Rule 9(2) Received on 15-AUG-2012

CHC Pretoria confirms your file exists, that no decision has been made, and that there are no reasons stated why a decision has not been made. Rule 9 pertains to Federal Court Immigration and Refugee Protection Rules, found here: laws-lois dot justice dot gc dot ca slash eng slash regulations slash SOR-93-22 slash FullText dot html .

 

[hopeful4]

I've just been on the court index to see the latest, who can tell me what this mean?

Letter advising that no reasons exist on the application terminated under S.87.4(1) sent by HCC, Pretoria, South Africa on 15-AUG-2012 pursuant to Rule 9(2) Received on 15-AUG-2012

I wonder where do you get such updates. When I enter my file number I Have the last update in 19-9 and it is meaningless .
Are you a part of the Cohen lawsuit?

 

[farmerofthedell]

I wonder where do you get such updates. When I enter my file number I Have the last update in 19-9 and it is meaningless .
Are you a part of the Cohen lawsuit?

The cases are updated at IMM-3801-12, IMM-5635-12, and IMM-8747-12, and maybe some other "lead" cases. Cases already attached to the lead cases will probably have the last entry as the Rule 9 reply from the VO. Ideally there should be only one lead case, but with 9 lawyers filing...

The Leahy cases are updated at IMM-7502-11.

 

[hopeful4]

THanks for this info. I had no idea about this

 

[sac]

The cases are updated at IMM-3801-12, IMM-5635-12, and IMM-8747-12, and maybe some other "lead" cases. Cases already attached to the lead cases will probably have the last entry as the Rule 9 reply from the VO. Ideally there should be only one lead case, but with 9 lawyers filing...

The Leahy cases are updated at IMM-7502-11.

hello farmerofthedell: I am amazed at how highly informed you are of the processes involved, the legal issues and the other pertinent facts regarding the FSW application. when did you apply and under which profession? you must be a lawyer, an engineer or a highly educated Filipino. I will follow all your advice, except being part of any litigation. i am fearful of a backlash against me by CIC which may deny me of a Canadian tourist visa when I will apply by September next year. I want to visit my sister there. In your most sober assessment, do you think the class action lawsuit would prosper?

 

[sac]

sac: You can still apply. While you are using the same qualifications for both programs (although with additional education in 2013), you will be applying under a different set of rules for the new program. I suggest you just keep your old file active, then continue applying under the new program. Whichever gives you a visa first, get a refund for the other one. Just a note about hopeful4's statement regarding an application closed by s.87.4: While it is considered closed, it still exists as "closed" until June 2014, as promised by CIC. I do keep in mind, though, the political reality: "promises are made to be broken."

hopeful4: There are many who are in your situation. In the case of Manila VO, there are Feb 2005 applicants who got their visas around April 2012, even as there are Nov 2004 applicants who did not get requests for update. If the CIC website had a complaint section, they'd need to staff it permanently, and one person probably won't be enough. Also, complaint due to delay is exactly what a Mandamus case is for.

farmerofthedell: if indeed there are Nov 2004 applicants at Manila VO who did not get requests for updates, then those of us who filed our applications in late January 2008 must not have been processed at all and is now part of those "closed" by the CIC. Indeed, my remaining option is to file again in 2013 under the new set of rules. And file as fast I could since there is a cap. the cap under the profession of management is easily filled up as there are a lot of us competing for the slots. oh god. . .