Federal Skilled Worker Class Action Lawsuit

[sac]

hello farmerofthedell: i have another question which i hope you do not mind. i have a masters in development management at the asian institute of management in makati city. i have another masters in business administration-health from ateneo de manila graduate school at rockwell center makati city and another masters in management at mcgill university in montreal, quebec, canada. do i need a credentials assessment for these courses when i will apply again under the new rules in january 2013?

and by the way, i have another master of arts in theology at the loyola school of theology at the ateneo de manila university in katipunan avenue, quezon city. i have 16 years of work experience, mostly in management of community and social services (NGO work). do you think i have the chance of being given a PR under the FSW program? I need your honest opinion, perhaps to assure myself or to let go of the only remaining i have for my life: join my sisters in canada, even if i would end up working in a low paying blue collar job. i don't mind because i came from a very poor family.

 

[annel]

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 .

Dear farmerfromthedell, thanks so much for the explanation, however i battle to open the link, it takes forever to open. What you've said above is it good or bad news for my application?

 

[farmerofthedell]

annel: It is neither good nor bad news. It is just standard response from CIC. If you can't open the link I gave, you can just google "canada federal court immigration rules" (no quotes), click on the "Court Process and Procedures" link, then click on "Immigration and Refugee Protection Rules".

sac: I started college at ADMU, but didn't like too much Theology and Philosophy. Thus after 7 years of undergrad and 1 year of postgrad education, the most I have is an MBA from another PH school. As my username indicates, my background is in farm management, specifically pork production. My application is under NOC 0015 (Senior Managers), filed June 2007 with AOR Sep 2007. One of my Plan Bs is to apply for a study permit for an environment-related master's, which fits into my work experience well. In your case, I just reviewed the proposed FSW rules in Canada Gazette, and it says, "requiring an educational credential assessment at the time of application if the educational credential submitted is from a foreign jurisdiction". This means that with your McGill diploma, you would probably be exempted from assessment! Since you were in Montreal for a while, you can also probably get some Second Language Points by taking TEF. Finally, even if you don't litigate, if the judge certifies the cases as a class action, your old file will continue to be viable even as you submit a new one. The cap will probably not be for specific occupations but for total applications received, so you'll be racing against all NOC 0, A and B. Hard to guess what the cap will be, but if it will be somewhere in the current annual target range, that would be around 20k.

 

[farmerofthedell]

I need your honest opinion, perhaps to assure myself or to let go of the only remaining i have for my life: join my sisters in canada, even if i would end up working in a low paying blue collar job. i don't mind because i came from a very poor family.

I have a cousin who was a dependent of immigrants under the investor program. She is very happy working part time for two retail businesses. In fact, she jumps from employer to employer so she can get employee discounts. She lives with her parents and does not have a family, so that's savings for her, but that shows that one can live comfortably in Canada on an ordinary job.

 

[hopefulever]

Justice ronnie has given favourable decesion favouring littigation on 14th june this year. However CIC has been trying to ignore it. Even Justice Bernes has not taken the judgement of his collegue judge sereously. Is it not an insult to the judiciary of canada by its own citizens.I am realy sorry aggreaved for the state of affairs happening in this case. God save Canada from its not so serious Citizens.

 

[sac]

Justice ronnie has given favourable decesion favouring littigation on 14th june this year. However CIC has been trying to ignore it. Even Justice Bernes has not taken the judgement of his collegue judge sereously. Is it not an insult to the judiciary of canada by its own citizens.I am realy sorry aggreaved for the state of affairs happening in this case. God save Canada from its not so serious Citizens.

Hopefulever: what do you mean favorable decision favoring litigation on the 14th of june this year? you mean, the class action suit is scheduled for hearing in june 14? Where did you get this info please?

 

[sac]

annel: It is neither good nor bad news. It is just standard response from CIC. If you can't open the link I gave, you can just google "canada federal court immigration rules" (no quotes), click on the "Court Process and Procedures" link, then click on "Immigration and Refugee Protection Rules".

sac: I started college at ADMU, but didn't like too much Theology and Philosophy. Thus after 7 years of undergrad and 1 year of postgrad education, the most I have is an MBA from another PH school. As my username indicates, my background is in farm management, specifically pork production. My application is under NOC 0015 (Senior Managers), filed June 2007 with AOR Sep 2007. One of my Plan Bs is to apply for a study permit for an environment-related master's, which fits into my work experience well. In your case, I just reviewed the proposed FSW rules in Canada Gazette, and it says, "requiring an educational credential assessment at the time of application if the educational credential submitted is from a foreign jurisdiction". This means that with your McGill diploma, you would probably be exempted from assessment! Since you were in Montreal for a while, you can also probably get some Second Language Points by taking TEF. Finally, even if you don't litigate, if the judge certifies the cases as a class action, your old file will continue to be viable even as you submit a new one. The cap will probably not be for specific occupations but for total applications received, so you'll be racing against all NOC 0, A and B. Hard to guess what the cap will be, but if it will be somewhere in the current annual target range, that would be around 20k.

farmerofthedell: did you order CAIPS notes and see where you stand re your application of June 2007? I am planning to order online within this week to see where I am, though my file (applied in January 2008 with AOR February 5, 2008) is now "closed". I am also thinking of getting an admission for another masters degree but do not know what will fit me, maybe environmental management. if a study permit is your Plan B which school are you planning to apply for admission? University of Alberta is good, I heard from my friends in Canada.

 

[farmerofthedell]

sac: The favorable decision of June 14 is for the Liang case of Tim Leahy, which according to the February 2012 agreement between Tim and DoJ/CIC, must be applied to all of Tim's pre-Feb2008 cases. Tim also had a second group composed of MI-1 cases whose decision was not necessary as CIC promised to process MI-1 cases within this year. The final decision regarding application of the agreement is being withheld by Justice Barnes. Since there are no more scheduled hearing dates and conferences for the case, and all motions have been filed, all that everyone in the Tim Leahy litigation group is waiting for is that decision.

I ordered CAIPS using CIC's Request for Information form, to be sent to Tim as he requested. I believe everything will be "0" as I am under Simplified Application Process -- no docs submitted until request for update. Do tell me if I'm right when you get yours.

I'm also considering Environmental Management, but probably somewhere in BC (SFU?), just haven't thought about it seriously at the moment while Tim's case is still in play and FSW 2013 is probably doable in spite of age penalties. I'll check UAlberta.

 

[hopeful4]

Thanks for the valuable info. Do you happen to know the estimated date of Tim's judgment ?
I have sent Tim the fees but he has not file my case yet. I am so afraid that a judgment will be passed without my file in .

 

[sac]

sac: The favorable decision of June 14 is for the Liang case of Tim Leahy, which according to the February 2012 agreement between Tim and DoJ/CIC, must be applied to all of Tim's pre-Feb2008 cases. Tim also had a second group composed of MI-1 cases whose decision was not necessary as CIC promised to process MI-1 cases within this year. The final decision regarding application of the agreement is being withheld by Justice Barnes. Since there are no more scheduled hearing dates and conferences for the case, and all motions have been filed, all that everyone in the Tim Leahy litigation group is waiting for is that decision.

I ordered CAIPS using CIC's Request for Information form, to be sent to Tim as he requested. I believe everything will be "0" as I am under Simplified Application Process -- no docs submitted until request for update. Do tell me if I'm right when you get yours.

I'm also considering Environmental Management, but probably somewhere in BC (SFU?), just haven't thought about it seriously at the moment while Tim's case is still in play and FSW 2013 is probably doable in spite of age penalties. I'll check UAlberta.

I hope your Leahy litigation will move forward positively as it seems it is in an advanced stage. I was late in knowing the pre-Feb 2008 applications were considered for closure; this was a little before the law passed by the Parliament took effect in June 2012. You serious about the option of submitting a new application by 2013? I would. Drawback is the penalty against age and also the cap. It will be a race against everyone else if 20K is the cap for 2013. Then also the option of getting admission for another course to get student visa and hopefully to move from there to work permit and then PR. This option is rather a long route to follow. With this route, I would be 50 when I shall get my PR.

 

[farmerofthedell]

sac: You will probably have an advantage when submitting your FSW 2013 application in that you will probably not need to go through the educ assessment, saving time and probably giving you a head start and less worry on educ points.

I will be preparing docs and will retake the IELTS if Justice Barnes does not make a decision on the Leahy cases by end of Nov. That will be cutting it close as I have never gotten most of the required docs, those not being required with a SAP application.

 

[hopeful4]

I hope your Leahy litigation will move forward positively as it seems it is in an advanced stage. I was late in knowing the pre-Feb 2008 applications were considered for closure; this was a little before the law passed by the Parliament took effect in June 2012. You serious about the option of submitting a new application by 2013? I would. Drawback is the penalty against age and also the cap. It will be a race against everyone else if 20K is the cap for 2013. Then also the option of getting admission for another course to get student visa and hopefully to move from there to work permit and then PR. This option is rather a long route to follow. With this route, I would be 50 when I shall get my PR.

I wonder what you mean by : . It will be a race against everyone else if 20K is the cap for 2013?
Frankly I do not understand the meaning of a cap here ,,,
I Know that there is an unannounced cap in the 2013 plan ,,,,but what does cap mean?

 

[hopeful4]

I got this important source about the cap


The cap is a limit on the number of complete applications considered for processing. In this case, Citizenship and Immigration Canada will only consider a maximum of 20,000 complete applications under the occupation list. There is no limit to the number of applicants with a job offer. Within the 20,000 cap, a maximum of 1,000 federal skilled worker applications per occupation will be considered for processing each year.
6. Why are you imposing a limit per occupation?
We’re introducing a limit of 1,000 applications per occupation to better manage the supply of applications on the occupation list. We have seen higher than expected numbers of applicants claiming experience in eligible occupations. The limit will allow us prevent an over-representation of any one occupation on the list.
7. What will happen with applications received after the cap is reached? How will applicants know their application isn’t being processed?
These applicants will be informed, in writing, that their application will not continue for processing and that their processing fees will be returned.
8. How will applications subject to new instructions be processed as compared to applications subject to the first set of instructions and the backlog?
All applications subject to ministerial instructions (everything received since February 27, 2008) will be considered for processing in the order they are received.
All federal skilled worker applications received before February 27, 2008 fall into the backlog, and will be processed concurrently with the applications received since that date (and that are subject to instructions).

 

[farmerofthedell]

Yes, that's what the cap means. There's still no announced number, but around 20k applications will probably be the number if the target is 61k FSW visas in a year, assuming that there is no backlog to process. I don't have a crystal ball or a PhD in statistics though, so don't take my word for it. The race against everyone else in 2013 is because there probably wouldn't be a cap per profession or occupation, so it's not the race to 500 applications per occupation like MI-3.

Since Justice Barnes has not made a decision, I believe Tim is still accepting litigants. After I emailed him last week about the trouble brewing due to missing names of paid clients in the proposed class action, he emailed back that someone already in that group still joined his, saying that he is making better progress, and is more responsive to his clients. I did ask him about filing a case with the wrong name or immigration file number, and he says it is still considered filed, but corrections must be served to CIC and filed in court.

 

[hopeful4]

LOL!! I am the one who joined Tim last week and he quoted my words exactly