New vs Old Applicant - who will be processed first?

[olusolalekan]

Q1) Will those who applied on or after February 27, 2008, be processed before applications in the backlog?

The objective is to create a system more attuned and responsive to economic opportunities in Canada, while also being fair to those in the backlog. The intent is to draw from both groups.

Whether and when an application is processed will depend on the nature of the Minister’s instructions for certain applications submitted on or after February 27, 2008. All applications submitted before February 27, 2008, will be processed to a final decision.

 

[mhtjy]

It will be unfair to process new applications first,,,,,,,,,,,,,,,,,,,,,,, backlog is created by CIC’s inefficiency ………………..and why old applicant pay price for that……..

And how cum old applicant are ineligible for immigration before even reviewing their file…………………

If they will process new files first………..it will be a cheating on part of CIC………….

They are not doing any charity …………….it is their business and people have paid price for it…………………

 

[KayCee2]

Well, do keep in mind that it is their country and they can create laws and processes that favor them and their current citizens / residents. After all, if their country wasn't that great, one would not be trying to emigrate there, now would we?

At least they are trying to clear out the backlog, whichever way they choose... Whether they take the first, last or the last, first doesn't matter, as long as they get to everyone's case soon...

 

[olusolalekan]

I agree with you kayCee2. mhtjy seems to be so bitter when i read his other post somewhere else.
I am in the old application pool and felt like I could have been processed faster under new rule cos my skills is categorized as under pressure. However, i believe the new rule will make it faster for people with needed skills to complete the process fast.

if you have the skills, you may withdraw old application and submitt new one

 

[nova]

So what is the fact here ? which will be processed faster old or new application ?

 

[olusolalekan]

Nova,

The answer is it depends. If for example, you are and Auditor and at the back of the queue under the olp application pool, you will not get the priority given under the new rule. the assumption here is that Auditors are wanted real quickly in canada. The list of skills/jobs under pressure will be out soon (August 15th). However if you are a bus driver and they have too many drivers already, you may be better off staying under the old pool because if you applied under the new rule, they will push you to the back of the line till the labor demand for badly needed skills are filled. The same driver under the old rule will still get processed.

So in summary, it depends on your skills. If your skill is in short supply, the new policy ensures that your application will be processed faster (6-12 months). If your skill is common skill in canada, then you will be pushed to the back of the queue under the new rule.

you get the gist? It depends on your situation and skills.

 

[qbanky]

Fact is both! Crazy answer yes;

this is what will likely happen - old ones will be processed under old system
(which means based on their queue positions)

New applications will also be processed at the same time but now based on the new rules and new selection process. Therefore if someone is on a high demand career field, it makes sense he will be processed faster than someone on the old queue in a low demand field.

Read the paragraph below carefully focusing on what is said and not said (or simply put read between the lines!)

http://www.cic.gc.ca/english/department/laws-policy/irpa-more.asp

Applications in the largest backlog—federal skilled workers—used to be processed in the order they were received, regardless of whether the applicants' skills or professions would enable them to find a job in Canada. .....(means not going to happen again)

There are probably many millions of people in the world who meet the criteria to enter Canada and, among those, several million who would like to do so. We had to have an immigration system that effectively balanced Canada's own needs with its popularity as a destination. We also wanted to reduce wait times so that families were reunited faster and the workers we needed arrived sooner.

That's why, on March 14, the Government of Canada introduced changes to the Immigration and Refugee Protection Act. The changes aim to modernize Canada's immigration system and shorten the time it takes to immigrate to Canada. They were approved by Parliament on June 18, 2008. ...(They want the new applicants fast! -note the quote "shorten the time" for their application process)

Those who submitted an application before February 27, 2008—the day after the federal budget, of which these changes were a part—will continue to be processed under the old system. But the backlog will stop growing and finally start coming down. ...(Old will still be processed one at a time, and no rush since priority professions ranking will not affect them - simply one after the other)

Going forward, anyone will still be able to apply, but CIC will no longer be required to process all new applications submitted on or after February 27, 2008. Applications not processed in a given year can be held for future consideration or returned with a full refund to the applicant, who will be welcome to reapply at another time.

The Minister will have the authority to issue instructions to immigration officers on the processing of applications, including with regard to jobs available in Canada, so that people with those skills and experience can be brought to Canada more quickly. The Minister's instructions will apply to categories of applicants, not individuals. ..(final straightforward point -minister says I want 200 accountants - they find them quickly from the new and old stack so if you are new, you will get processed extremely fast; if you are old and an accountant, you will be processed fast if there are no other accountants ahead of you!)

 

[kelzer]

So if you are on the old system and you happen to be of a profession that is in demand, it seems you would you be better to withdraw and apply under the new system. I myself have just applied so I will be in the new system. Fingers crossed that IT will be among the priority professions to be announced.

 

[olusolalekan]

qbanky,

I like people with analytical mind like yours. Now let me tell you that i agree with only about 95% of your analysis.
rememeber we are not immigration lawyers and we are just trying to interprete rules as we see them.

here is where our interpretation is different ..........
The Minister will have the authority to issue instructions to immigration officers on the processing of applications, including with regard to jobs available in Canada, so that people with those skills and experience can be brought to Canada more quickly. The Minister's instructions will apply to categories of applicants, not individuals. ..(final straightforward point -minister says I want 200 accountants - they find them quickly from the new and old stack so if you are new, you will get processed extremely fast; if you are old and an accountant, you will be processed fast if there are no other accountants ahead of you!)
................................

The overriding rule is that old rule will be applied to old applications. Under old rule, they serve you on first come first serve basis regardless of your skills(even if you are a bus conductor - provided you have 67 point). If old rule will strictly apply to old application, then your conclusion above is not correct. I mean the accountant in your analogy who is just applying under the new rule will be prioritize if the minister listed accounting as under pressure...but the priority given to accounting will not be applied to an accountant who is on the old application line. Why? because skill based priority under the old rule is illegal and old applicant, including old accountant, will not benefit from the new skill-based prioritization. You get it? Perhaps if there is no other accountant in the new pool, they will just wish the next applicant in line on the old line is an accountant...else they will keep processing based on position in line regardless of whether the person is an accountant or not. Old rule = first come first serve and new rule = skill-based prioritization. THEY WILL NOT USE NEW RULE FOR ANYBODY IN THE OLD LINE. if your skill is in high demand and you estimate that you are far behind in the old line, the best strategy will be to withdraw old application and apply afresh in order to benefit from new application rule.

A careful reading of cic's website will show you that under the old period, they didn't pay attention to type of skills under the Skilled worker program - so far as your skills are listed on the National occupation classification(NOC).

 

[olusolalekan]

Kelzer,

You are right. but the stage you are under the old line determines whether it makes sense to reapply. You with me?

 

[kelzer]

Olusolalekan I agree totally with your analysis, but it's only speculation on the new rules. I hope things will become more clearer when the priority list is made.

 

[nova]

So, generally speaking the new policy intend to make immigration to Canada faster, so why then there've been so much opposition to the new rules in papers and among immigration lawyers ?

 

[qbanky]

More info available based on their answers to similar questions
I still say read between the lines ...here they are a bit more forthcoming!

see http://www.cic.gc.ca/english/department/laws-policy/irpa-questions.asp#system


Q1) Will those who applied on or after February 27, 2008, be processed before applications in the backlog?

The objective is to create a system more attuned and responsive to economic opportunities in Canada, while also being fair to those in the backlog. The intent is to draw from both groups[/b]....This is where my previous accountant analogy stems from ....Minister decides one way or the other
Whether and when an application is processed will depend on the nature of the Minister's instructions for certain applications submitted on or after February 27, 2008. All applications submitted before February 27, 2008, will be processed to a final decision. ...does not guarantee increased speed in processing!



Q3) How will this affect processing times for applications received before February 27, 2008? Will new applications be processed faster?

The objective is to create a system in which new applications can be dealt with in six to twelve months, not six years.

All those who applied before February 27, 2008, will be processed to a final decision. But it will take some time to process them all. Given the size of the backlog, it cannot be reduced overnight. How long it will take will depend on a number of factors, such as the number of applications that are withdrawn, the number that are processed through referrals to provinces and territories, and the number of immigrants we admit every year within the annual immigration levels plan.

 

[angelinoj]

I think we can only speculate, the policy can be interpreted in so many ways, and I beleive it is designed that way and only CIC lawyers knows what exactly it means. They have the power to impose any policy they want because it is their country and only them can allow who they want to accept.

 

[olusolalekan]

qbanky,

The objective is to create a system more attuned and responsive to economic opportunities in Canada, while also being fair to those in the backlog. The intent is to draw from both groups....This is where my previous accountant analogy stems from ....Minister decides one way or the other

Drawing from both group without negleting the old pool is the fairness they are referring to. It does not mean that after exhausting the new pool of accountants that they will jump to the next accountant on the old line. That will amount to using new rule for old pool and that will not be fair to non-accountants in the old line (old rule is first-come first-serve regardless of skills if you have >=67points)

I am sure it will all come to the same timing for both pools. Why? because now that people know that it is skill-based, more skillful people will now apply and the line for every skill category will still be long. There are millions of IT gurus out there and same for accountants.

Good thing is I applied through Buffalo and it is one of the better centers