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Federal Skilled Worker Class Action Lawsuit

msaeed

VIP Member
Nov 7, 2012
4,336
178
Lahore Pakistan
Category........
Visa Office......
LVO
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
18-11-2009
VISA ISSUED...
الحمد لله رب العالمين - 27-06-2014
LANDED..........
الحمد لله رب العالمين March 28, 2015.
Dramebaaz said:
Thanks Msaeed for your concern and best wishes! Same to you Sir!

It seems to me that CIC and immigration minister have got Bill C-38 passed and nobody can challenge it through higher courts to change it or strike it down. Inspite of intent behind its passing and inspite of its being unfair; it is here to stay.

The pre-February 2008 FSW applicants will never get their terminated applications re-instated and re-opened or processed in future by any proceedings of appeals in Federal or higher courts. It is just wastage of time and money for the applicants and litigants now!

There is no hope for the applicants who are not litgants even! There is no use even waiting and watching! There is no use discussing this closed chapter again and again in this forum also!

They should just forget it like a dream or nightmare! They should wake up and plan for their future afresh!

Best wishes for them all!
Sir

It is a hard fact , and we need to accept this.
I feel sorry for our friends who invested their hopes
May Allah Bless them , now and in coming days to come - Ameen
 

msaeed

VIP Member
Nov 7, 2012
4,336
178
Lahore Pakistan
Category........
Visa Office......
LVO
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
18-11-2009
VISA ISSUED...
الحمد لله رب العالمين - 27-06-2014
LANDED..........
الحمد لله رب العالمين March 28, 2015.
zardoz said:
Who would you file against? You have zero chance against the Canadian embassies or high commissions.
Sir

Agree
 

Bakta

Full Member
Jan 6, 2014
23
0
Hallo i got a question.
i wanna apply for CEC visa but the thing is i dont have all
of my pay checkts i just have those from the first year and some in the
beginning of the last year. and then i got some from self employment upon
Wich no tax deductions where issued on and i didnt give taxes away from
those '' self employed'' is gonna make me troubles ??
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Bakta said:
Hallo i got a question.
i wanna apply for CEC visa but the thing is i dont have all
of my pay checkts i just have those from the first year and some in the
beginning of the last year. and then i got some from self employment upon
Wich no tax deductions where issued on and i didnt give taxes away from
those '' self employed'' is gonna make me troubles ??
This is the wrong place to ask that question.
Start a new thread in the CEC section of the form if you really want an answer. (Which by the way is, I think, going to be "YES"). Not only does it probably not fill the CEC requirements, but you seem to have been avoiding paying tax.
 

Abuelyas

Full Member
Jan 31, 2009
45
3
Salalaha, Oman
Category........
Visa Office......
London, UK
Job Offer........
Pre-Assessed..
AOR Received.
08/07/2010
Med's Request
31/01/2012
Med's Done....
08/03/2012
Interview........
Exempted
LANDED..........
February 1st and Got PRC
Hello ALL Seniors,
Hello everybody,
I applied as Skilled Worker and was accepted through all the procedures you all know. I and my family did our landing on February the 1st, 2013 and got our PRCs. We stayed for three weeks and had to get back to where we are settled. For several reasons against our plans, we won't be able to go to Canada in the very near future. I DO know that for our PRCs to be valid, we need to stay in Canada for 730 days (at least). After all considerations, I discovered that I won't be able to settle in Canada for good until September 2017. This means I will have only 550 days left to stay in Canada. My question is:

1. Shall we be able to enter Canada when we have only this much time to live in Canada (less than 730 days)?
2. If yes, What will my situation and that of my family members be regarding the renewal of our PRCs?

I would be very grateful if you could help me out here? Kindly explain to me what I have to do, taking into consideration what I have stated above.
Thanking you in advance, please accept my best regards,
Abuelyas
 

msaeed

VIP Member
Nov 7, 2012
4,336
178
Lahore Pakistan
Category........
Visa Office......
LVO
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
18-11-2009
VISA ISSUED...
الحمد لله رب العالمين - 27-06-2014
LANDED..........
الحمد لله رب العالمين March 28, 2015.
Bakta said:
Hallo i got a question.
i wanna apply for CEC visa but the thing is i dont have all
of my pay checkts i just have those from the first year and some in the
beginning of the last year. and then i got some from self employment upon
Wich no tax deductions where issued on and i didnt give taxes away from
those '' self employed'' is gonna make me troubles ??
Sir

NO , apply straight away

Stay Blessed


S
 

devu

Star Member
Jan 7, 2011
133
4
Category........
Visa Office......
delhi
Job Offer........
Pre-Assessed..
App. Filed.......
feb2010
Doc's Request.
sent on may12h
AOR Received.
JUNE 9TH 2010
File Transfer...
march 30
Med's Request
JAN 26
This letter concerns your application for permanent residence in Canada. Based on a review of your file, it appears that your family member may not meet the requirements for immigration to Canada.
I have determined that your family member, Harigovind Soni, is a person whose health condition might reasonably be expected to cause excessive demand on social services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $6,285 per year. Pursuant to subsection 38(1) and section 42 of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.
Your family member, Harigovind Soni, has the following medical condition or diagnosis: Infantile Autism.
In particular:
Diagnosis: INFANTILE AUTISM - AUTISM SPECTRUM DISORDER
This 3 year old dependent male child has Global Developmental Delay with autistic features, a chronic condition that typically requires a variable degree of support throughout one's lifetime. According to the specialist, Harigovind has speech and language delay also and he needs speech therapy and psychological intervention and behavioural modification.
He will need the following:
- Special needs teacher
- Social worker/ Medical coordinator
- Speech language therapist
- Pediatric care
Due to his autism spectrum disorder, he would be identified by the educational authorities as qualifying for Special Education and thus would likely be entitled to receipt of extra funding for special education. The school's intention is to continue to utilize educational assistant time and expertise as he continues through the school system. The provision of this special education is costly. Based upon a review of the results of this client's medical examination and all the reports received with respect to this applicant's health condition, I conclude that he has a health condition that might reasonably be expected to cause an excessive demand on social services. Many of the services he requires are wait listed and could cause displacement for other Canadians.
Specifically, his health condition (atypical autism spectrum disorder) might reasonably be expected to require social services, the costs of which would likely exceed the average Canadian per capita costs over five years. He is therefore inadmissible under Section 38(1)(c) of the Immigration and Refugee Protection Act.
In consultation with Health Branch of Citizenship and Immigration Canada, I have determined that the following social services will be required:
According to the Ontario Ministry of Education: A student requiring mild interventions with no other medical or behavioural complications affecting learning would need additional support in the following ways: A psychological assessment diagnosing the delay - approximate cost $2,500 - $3,000. Likely some speech and language support or assessment - approximate cost $2,000 - $2,500. Special education would cost an additional $17,909- $23,142 per student per year, for both human and technological supports. This is above the funding provided for base instruction.
Other needs for this child with variable costs are:
- Social worker/ Medical coordinator
- Speech language therapist
- Pediatric care
- Special transportation to school provided by Special Education Transport Assistance
In summary, the cost of social services over the next five years would be minimum 5 x $17,909 = $89545.

Date: 13MAY2013

Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
· the medical condition(s) identified;
· social services required in Canada for the period indicated above; and
· your individualized plan to ensure that no excessive demand will be imposed on Canadian social services for the entire period indicated above and your signed Declaration of Ability and Intent.
You must provide any additional information within 60 days of the date of this letter. If you choose not to respond, I will make my decision based on the information before me, which may result in your application being refused.
In order to demonstrate that you/your family member will not place an excessive demand on social services if permitted to immigrate to Canada, you must establish to the satisfaction of the assessing officer that you have a reasonable and workable plan, along with the financial means and intent to implement this plan, in order to offset the excessive demand that you would otherwise impose on social services, after immigrating to Canada. The sections of the Immigration and Refugee Protection Regulations that define the meanings of “social services” and “excessive demand” are included for your reference.
Please ensure that you quote the file number indicated at the top of this letter on any information you submit.
Yours truly,

Visa Officer
Economic Unit
Immigration
HELLO ALL..WHAT TO DO?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,946
Hi


Abuelyas said:
Hello ALL Seniors,
Hello everybody,
I applied as Skilled Worker and was accepted through all the procedures you all know. I and my family did our landing on February the 1st, 2013 and got our PRCs. We stayed for three weeks and had to get back to where we are settled. For several reasons against our plans, we won't be able to go to Canada in the very near future. I DO know that for our PRCs to be valid, we need to stay in Canada for 730 days (at least). After all considerations, I discovered that I won't be able to settle in Canada for good until September 2017. This means I will have only 550 days left to stay in Canada. My question is:

1. Shall we be able to enter Canada when we have only this much time to live in Canada (less than 730 days)?
2. If yes, What will my situation and that of my family members be regarding the renewal of our PRCs?

I would be very grateful if you could help me out here? Kindly explain to me what I have to do, taking into consideration what I have stated above.
Thanking you in advance, please accept my best regards,
Abuelyas
1. Good chance that you will be reported for not meeting your PR requirements.
2. If you get into Canada without being reported, then you have to reside for 730 before you can re-new your PR.
 

Abuelyas

Full Member
Jan 31, 2009
45
3
Salalaha, Oman
Category........
Visa Office......
London, UK
Job Offer........
Pre-Assessed..
AOR Received.
08/07/2010
Med's Request
31/01/2012
Med's Done....
08/03/2012
Interview........
Exempted
LANDED..........
February 1st and Got PRC
PMM said:
Hi


1. Good chance that you will be reported for not meeting your PR requirements.
2. If you get into Canada without being reported, then you have to reside for 730 before you can re-new your PR.
Dear Senior,
Thank you for replying so promptly. However, I seem not to well understand what you said in #1. Does that mean that actually, by going out of Canada and not staying for 730 days, I am now at risk that I may not re-enter Canada? I mean after I landed, I stayed for three weeks and got back where I live, as I had to. I think that the PR requirements are that I MUST stay for at least 730 days within 5 years, whether continuous or separate. Is that right?
 

Dramebaaz

Full Member
Apr 17, 2013
29
4
Abuelyas said:
Dear Senior,
Thank you for replying so promptly. However, I seem not to well understand what you said in #1. Does that mean that actually, by going out of Canada and not staying for 730 days, I am now at risk that I may not re-enter Canada? I mean after I landed, I stayed for three weeks and got back where I live, as I had to. I think that the PR requirements are that I MUST stay for at least 730 days within 5 years, whether continuous or separate. Is that right?
Please read and see yourself:

http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

especially: 5.1. Legislative basis – Residency obligation of OP 10 Permanent Residency Status Determination

It will clear all your queries!
 

st-cnncomes

Star Member
Dec 5, 2012
86
4
zardoz said:
Who would you file against? You have zero chance against the Canadian embassies or high commissions.
There is something known as confidence, if you're sure you did everything right and have no fault, you CAN"T lose. CIC will be brought down to its knees. Eventually they will be losing.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
st-cnncomes said:
There is something known as confidence, if you're sure you did everything right and have no fault, you CAN"T lose. CIC will be brought down to its knees. Eventually they will be losing.
You seem to have been misinformed. You CAN NOT sue a foreign embassy in your own country, as no court in that country has jurisdiction over them. This is why you have zero chance.. You should read up on the Vienna Convention and international law.
 

msaeed

VIP Member
Nov 7, 2012
4,336
178
Lahore Pakistan
Category........
Visa Office......
LVO
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
18-11-2009
VISA ISSUED...
الحمد لله رب العالمين - 27-06-2014
LANDED..........
الحمد لله رب العالمين March 28, 2015.
st-cnncomes said:
There is something known as confidence, if you're sure you did everything right and have no fault, you CAN"T lose. CIC will be brought down to its knees. Eventually they will be losing.
Sir

We must understand that "Its All Over Now" , lawyers are MAFIA , and they are minting money.
Bill that has been passed by parliament , signed by Queen , cannot be challenged or overruled.

Life ends , when soul is taken by Al-Mighty Allah - Its our belief that , there is always blessing in disguise for every human.

We must gather our energies to make our and our family lives better - Canada is not the end of life

I hope every one will take this positively


Stay Blessed
 

st-cnncomes

Star Member
Dec 5, 2012
86
4
zardoz said:
You seem to have been misinformed. You CAN NOT sue a foreign embassy in your own country, as no court in that country has jurisdiction over them. This is why you have zero chance.. You should read up on the Vienna Convention and international law.
International law wont apply in this case. Its a case of Immigration fraud. The Vienna Convention doesn't permit fraud in the name of Immigration. Don't Jump the GUN, wait and watch.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
st-cnncomes said:
International law wont apply in this case. Its a case of Immigration fraud. The Vienna Convention doesn't permit fraud in the name of Immigration. Don't Jump the GUN, wait and watch.
I'm sorry, but you just don't get it... I give up.

Please let us know how much it costs you trying...