HOW TO BRING LAST FAMILY MEMBER WHO IS PART OF ORIGINAL FAMILY APPLICATION

[redpanda]

Hi everyone,

I have a sister who was part of our original family application as Permanent Residents way back 2006. She got married in Sept 2005 and our final decision was granted Dec 2005. Needless to say, she was supposed to be part of our application but due to life changing events, she was not able to join us, also due to length of processing time. Now, she's the only family member left back home and we are having problem bringing her here with her family of 3, due to restrictions in current Federal Skilled Workers program. She is well educated, Bachelor's degree holder, and only 29 years old. All of us here - her parents & siblings are Canadian Citizens already. Is there any way we can bring her here quoting former application submitted by my parents wherein she was originally included????

Thanks!

 

[PMM]

Hi

Hi everyone,

I have a sister who was part of our original family application as Permanent Residents way back 2006. She got married in Sept 2005 and our final decision was granted Dec 2005. Needless to say, she was supposed to be part of our application but due to life changing events, she was not able to join us, also due to length of processing time. Now, she's the only family member left back home and we are having problem bringing her here with her family of 3, due to restrictions in current Federal Skilled Workers program. She is well educated, Bachelor's degree holder, and only 29 years old. All of us here - her parents & siblings are Canadian Citizens already. Is there any way we can bring her here quoting former application submitted by my parents wherein she was originally included????

Thanks!

1. Not as family class as she married.
2. If she doesn't qualify under Skilled worker, you may wish to check the PNP programs. Otherwise she or her spouse would have obtain a Labour Market Opinion from a Canadian employer.

 

[redpanda]

Thanks PMM.

Is Permanent Resident - Humanitarian and Compassionate considerations an option? After all, she was originally part of our application.. and due to circumstances beyond our control, she was no longer included in our original application.

She tried the FSW, but now the NOC code she belongs reached cap. PNP we don't have sponsors in other provinces aside from Ontario, and Ontario's PNP programs are not so welcoming unlike Winnipeg or Alberta..

So, there is no chance to revive my family's original application to consider her????

 

[Pippin]

I am thinking outside the box, or rather The Province, on this one. What about your daughter/her husband getting a job offer in Manitoba (or any other Province) and working there for as long as necessary. They would be able to visit you in Ontario easily for holidays and could scout out jobs in Ontario after they have put in their PNP time in Manitoba or (?). Having you in Canada now, looking for suitable employment offers on their behalf, would give them a tremendous leg up. Another suggestion is for them to enrol in a Canadian education programme, although it could be difficult to convince the VO of her home ties, with you living in Canada. There is always dual intent, but I don't know how successful that argument is.
For others who are presently dealing with the situation you faced in 2005, your example will give them some perspective on the problems of trying to bring adult children to Canada. How much easier it would have been if she could have made the landing as a member of the family and returned to your old country to marry afterward. Darn that hindsight! I hope you are able to come up with a solution as I am sure it is sad having the family separated. All the best!

 

[redpanda]

Due to uncertainty of processing times, our lives back home cannot just stop due to pending application that we don't even know at that time if our family will be successful. There is always an element of uncertainty due to length of processing times which took almost four (4) years for our family. We are actually not expecting any more news about our application, but it came as a blessing but with this problem. My sister even went with us on the interview and she was advised by the officer that because she is married, she would have to apply separately. The case was more on technicality, and sadly the effects have been really hard for us to take as right now we don't know how she can join us. Her NOC code already reached cap, and I don't know when CIC will accept new applications with her NOC code.

I have been reading and reading and researching on how we can get her here but they are not that straightforward. I am looking for an employer for her, but LMO is a constraint. I am losing hope, all we want is to be reunited as a family. My parents are getting sick about thinking how we can get her..

 

[redpanda]

The problem is finding an employer willing to extend effort in hiring foreign worker and getting Labour Market Opinion....

Is there anyone who knows any employer willing to provide LMO?

 

[Pippin]

You said your sister's NOC is already full, but it is only months from 1 July when the number will restart. Assuming the NOCs will not change, could your sister get her documents prepared and ready to submit at the end of June and hope for the best?

 

[nano24482]

You can

1. Get a visiting visa for your sister and her family and they can search a job here and then apply on AEO.

2. You can check Quebec skilled worker immigration. More professions are included in it than the FSW. Only drawback is learning French.

Best of luck.

 

[redpanda]

Pippin, yes, we were also surprised how fast her NOC code reached cap! its 1122 - Professional Occupations in Business Services to Management. We were in the process of arranging all the requirements, as the new rules were just set I think March 2010,then Nov 2010 she went for IELTS exam and waited a few weeks for result, then when we were almost ready to submit, we checked the website, and we were devastated to see NOC code 1122 already reached cap. I called CIC call centre, and they said there are again new changes to the FSW program that will be implemented spring/summer 2011, so we might just wait until the occupations who reached cap opens again. Again, these are all uncertain.

nano24482, that's actually another option we were considering, the constraint is that the visa office might refuse due to dual intent, since all of her family members are all living here. we'd love her to come here for a visit, but we are afraid she might get refused, and that this rejection will haunt her future applications. we don't want to risk her record, as our goal is to submit clean applications. how long will AEO be possible? how many times can this be applied?

 

[nano24482]

I guess if your sister and her husband has a job/property in your home country than she can show the same when she applies for visiting visa. Even better would be to call her when there is some function in your house eg marraige/engagement/new house/graduation party. I hope you got my point.
For an AEO you shall need an employer who is ready to hire your sister or her husband and it takes approx the same time as the FSW.

 

[redpanda]

thank you, nano24482.. yes, we thought about inviting them on special occasions, but I read in this forum about a letter of invitation to visit Canada just to view casket of dead mother in Canada, but was still denied! how cruel and heartless was that! so i am really really planning first, before we invite my sister and her family here...

sounds like, we would have to wait for the applications for my sister's NOC code to restart again this year.. whenever that is

 

[nano24482]

I feel that 1122 won't be included in next year's list. This is just my intuition.

You should try Quebec or AEO option.

 

[redpanda]

I hope it is still included... based on the consultation currently held on the changes to new FSW program rules, there is no change in lists of occupations, only the points system in areas such as Age, Language, and Work Experience.


"Based on recommendations from the evaluation, academic research and best practices in other immigrant-receiving countries, Citizenship and Immigration Canada (CIC) is proposing changes to the selection system. These changes don’t alter the selection criteria established in 2002. Instead, the proposals below would affect the number of points assigned to the criteria and the way they are assessed." - CIC

 

[carl128]

Pippin, yes, we were also surprised how fast her NOC code reached cap! its 1122 - Professional Occupations in Business Services to Management. We were in the process of arranging all the requirements, as the new rules were just set I think March 2010,then Nov 2010 she went for IELTS exam and waited a few weeks for result, then when we were almost ready to submit, we checked the website, and we were devastated to see NOC code 1122 already reached cap. I called CIC call centre, and they said there are again new changes to the FSW program that will be implemented spring/summer 2011, so we might just wait until the occupations who reached cap opens again. Again, these are all uncertain.

nano24482, that's actually another option we were considering, the constraint is that the visa office might refuse due to dual intent, since all of her family members are all living here. we'd love her to come here for a visit, but we are afraid she might get refused, and that this rejection will haunt her future applications. we don't want to risk her record, as our goal is to submit clean applications. how long will AEO be possible? how many times can this be applied?

I agree with the other members here, since her IELTS is still valid for two years, I suggest that she should now start gathering documents in case her NOC or her husbands NOC would come up in the next ministerial instruction, so if they have the resources, his husband should have his GT IELTS too.
Another option is to look at provincial nominee program, you as relative in canada would be able to atleast inquire from the provinces or they could visit the websites of each provinces and try if their NOC is needed.

 

[redpanda]

hi carl128:

We're actually ready to submit anytime. We have her papers here in Canada and all the required documents (eg IELTS result, forms, photos...). We are just waiting for the NOC code to reset the application count (hopefully come June/July) then we will submit all her documents to Sydney NS asap...

I just don't think the current Ministerial rules regarding FSW program are effective and efficient enough since out of the 20,000 applications they set as target for a year to process, only 7,900 have been received and in process... This is not even half of their target! I just hope they stick to Skill types A&B and not just restrict to 38 occupations...