Please look into the below lines :-
Ms. Harder: Yes. As senators may or may not be aware, there is a levels plan that governs the number of people who come into Canada on a yearly basis. Based on existing levels, we estimate that backlog — those people who came in under the ministerial instructions — will be cleared within two years.
As per this the MI-1 will take two years to clear if the pre Feb2008 applications are all cancelled.
Excerpts from Proceedings of the Standing Senate Committee on, Social Affairs, Science and Technology
Issue 18 - Evidence - May 31, 2012
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Senator Callbeck: I want to go on to the backlog of Federal Skilled Workers. My understanding is that the applications of everyone who applied prior to Budget 2008, and there were hundreds, will be sent back to them and they will have to reapply under new criteria. Is that right?
Ms. Harder: That is correct.
Senator Callbeck: Why would Citizenship and Immigration Canada not evaluate the backlog of applications based on this new criteria?
Ms. Harder: To clarify, the applications that were received by the department before February 27, 2008, and for which there was not a selection decision made by the date of the budget, which was March 29, will be closed and fees will be refunded to people who submitted them. They will receive their application fee back and, should they have paid the right of permanent residence fee at the same time, that will also be returned. Those people are, as you correctly say, able to reapply under the existing Federal Skilled Worker Program.
Senator Callbeck: How many years does this backlog extend back?
Ms. Harder: The oldest application we have there is from 2003.
Senator Callbeck: They have waited nine years and now they will get their application back and have to reapply. Why can the department not look at those applications and judge them on the new criteria?
Ms. Harder: I think the decision was made that it was important to have a clear cut-off for how we would treat applications received before the budget bill came down. We have done significant work and calculations over the last number of years, and we have put in place ministerial instructions that have reduced the old backlog, that is, those applications received prior to the issuance of ministerial instructions, and we have reduced that fairly significantly through the use of ministerial instructions.
Our calculations indicate that it would take us until 2017 or 2018 to get through all the applications in the old backlog. A decision was made that it was important to have a platform for a new, more responsive immigration system, and the decision was made to close those applications.
To clarify, the physical applications would not be returned to the applicant. Their fees would be refunded and applications would be closed.
Senator Callbeck: They would have to reapply. This seems to be grossly unfair. These people have waited for years and now, through no fault of their own, they are told they have to reapply.
Ms. Harder: If they decided to reapply, they would probably receive a decision within six to twelve months. If they waited in the backlog, some of those old applications would not come through the entire the process until 2017 or 2018.
Senator Callbeck: These people have waited for years, and now you are saying they will be cancelled and have to reapply. Will they get any priority?
Ms. Harder: No. In fact, we might find with the program changes that have taken place that some of them will not qualify. However, they may not have qualified under the existing as well.
Senator Callbeck: That is true, but I just do not understand why you have the applications that have been with you for years and would not review those looking at the new criteria. It seems grossly unfair for the people who are trying to get into Canada under that category.
Ms. Harder: To be clear, for the applications that are currently in that backlog, there will be people who are disappointed. When decisions are made to change policy program directions, people are affected; there is no question.
Senator Callbeck: Yes, there are, and I do not see any reason for it. I do not know why they cannot be reviewed under the new criteria.
Ms. Harder: Part of the rationale for this has been explained by the minister in terms of the broader directions for the future of the immigration program. It is to have a program that is more labour market responsive, responds to changing economic needs and is more active than passive. In order to set the stage for that, a decision was made that closing those existing applications would be the best way to proceed.
Senator Martin: Following along a similar line of questioning, you are saying that with the new criteria — without clearing the backlog — these applicants would potentially wait until 2017 or 2018 to find out that they do not meet criteria. By the process of eliminating this backlog, or a certain percentage up to the date, those who do qualify will actually be assessed faster under the new criteria, correct?
Ms. Harder: If they reapply and meet the new criteria, they will receive a decision much more quickly, within six to 12 months. I should also say that in terms of the efforts made by the department to address what we refer to as the old backlog — during the implementation of Bill C-50 and thereafter — we sent out a huge number of letters to people who were in the existing backlog. We indicated that there was an opportunity for them to close their existing application and reapply under the new rules. Less than 6 per cent of the people who received those letters decided to take that up. Efforts have been made.
Senator Martin: Once the pre-February 2008 backlog is cleared or these applications are terminated, a backlog of about 136,000 will still remain. Is that correct?
Ms. Harder: That is correct.
Senator Martin: Do you have an estimate on how quickly that backlog may be cleared?
Ms. Harder: Yes. As senators may or may not be aware, there is a levels plan that governs the number of people who come into Canada on a yearly basis. Based on existing levels, we estimate that backlog — those people who came in under the ministerial instructions — will be cleared within two years.
Senator Martin: Going back to the group that would be affected or the applications being terminated, can you outline what options they have, or have you done so already? Is it simply that they reapply? If so, what are some of the categories under which they can apply — to clarify those options for them — and are the applicants clear of what options they have?
Mr. Manicom: Once their applications are terminated, they are in the same situation as any other foreign national and can make an application under any of our programs. Many individuals will not be able to qualify under existing programs and that creates an unfortunate situation for those individuals. In attempting to move toward a more responsive, just-in-time processing system, certainly there are consequences for many individuals. The minister has commented on that, and that it is unfortunate.
They would have the full range of programs available to them. The two largest are the Federal Skilled Worker Program where the selection criteria are quite specific with the point system, and currently with a list of occupations that enables you to come in, or anyone who has received an approved offer of employment from a Canadian company. They are always eligible to apply. In addition, they would have access to the provincial nominee programs and there are website links on the CIC website for applicants to follow to the various provincial nominee programs. They can see if they may qualify and therefore would contact the province to see if the province is interested in nominating them."
Sunny
