News for People Trapped between February-27-08 and November-30-08

[mcgyver]

Hi Fellows,

I have something interesting to share with you. Before you visit the link below, please spend some time on the background facts I write below in blue:

I am one of those who are now trapped between February-27-08 and November-30-08. Only those who filed their applications within that period comprehend how it feels. We all know that the list of 38 "magical" professions came out after November 30, 2008 and that by then many of us had filed applications without having any NOC corresponding to any of the 38 professions. Refusal decisions have already been made on some of us and for rest others, decisions are pending that will most probably turn out to be refusal as well. In other words, the bitter reality is that the 38-profession list which was published after Nov-30-2008 is to be used in order to retroactively eliminate those who fall in that period but do not correspond to any NOC recognized by that list. What a phenomenon it is!

But, if it gives you a tiny spark of hope, I ask you to visit the link to read and be aware that such a phenomenon is not the first time occurring in the history of CIC. As the link suggests, in past similar incidents did take place and were handled in favour of the affected applicants. Please go through the lines carefully and pay attention especially to points 3, 5, and 6 under the "WHAT DOES THIS MEAN?" section.

Here is the link. (I am hand-coding it since a direct link to an external page is not allowed to be posted.)
www (dot) immigration (dot) ca/permres-independent-newpass.asp

I am only a human and I refuse to give up the tiny pinch of hope I still have in my heart hoping that it may recur in 2009. I welcome everyone's comments.


mcgyver

 

[mcgyver]

Re: For Those Trapped between February-27-08 and November-30-08

Anyone reading this?

 

[jwokes]

Hi Man, I have searched the whole web for a guy like you and i have just found you out. Just check what i posted and did not get an answer till you wrote. here goes below
[
"Hi guys, I am so new to this forum . I sent my application through WWICS Uganda and they called me saying they had file my application with CHC Nairobi June 9th. To this day there has been no response from CHC Nairobi. The WWICS manager here says the delay was because my application falls between the critical dates of Feb 27th 2008 and November 27th between which times the bill concerning fast tracking of the FSW visa was being processed into a law. The manager further states that these files which fall in this time period were shipped from CHC Nairobi to Nova Scotia for processing and await AOR. My problem is that people who have applied after us through the same branch are getting their file Numbers on the grounds that their files were sent directly to Nova Scotia and did not have to go through CHC Nairobi. Does anybody out there know why our files (Feb 27th 2008 and November 27th 2008) are taking so long and whether there is a way to prove that WWICS submitted out applications to CHC and that these same files have been transferred to Nova Scotia? Thanks.


You have indeed given me the best answer so far. my job is on the NOC and so I will be getting a positive feed back from CIC but it has taken so so so long and I was just getting worried. I also confirm that my representative have already received the rejections for those who do not qualify. thanks alot.

 

[bg_sikkim]

Hey Guys, i am on the same boat as you...sailing endlessly...applied in september 2008 and AOR on March 2009, after that nothing from Buffalo office. I know that post gives a lot of hopes...specially points 3,5, and 6. I tried emailing Buffalo a couple of times, but get the same generic responce.....they seems to be hand picking applications (NOC) at Buffalo right now for our timeline.
Don't know what to do...planning to apply for CEC, if i hear nothing within a months time

 

[mcgyver]

)

 

[mcgyver]

Oh, never mind! I am pasting the contents from that link here so that everyone can conveniently have a look. Please carefully go over this especially the lines I am highlighting in green.



April 2004

On December 1, 2003 the Federal government promulgated into force transition regulations (the “Transition Regulations”) permitting economic class applicants (skilled workers and business immigrants) who filed their applications for permanent residence BEFORE January 1, 2002, to be assessed under the selection criteria of both the previous Immigration Regulations, 1978 and the current Immigration and Refugee Protection Regulations. The affected group of applicants is referred to as the Transitional Federal Skilled Worker Class and the Transitional Federal Business Classes.

The transition regulations introduces authority and procedure for cases to be assessed under whichever Act appears most favourable to a pending applicant and then, if unsuccessful, under the remaining Act. This is referred to as Dual-Assessment under the Transition Regulations.

As well, certain applicants who withdrew their applications or were previously refused will be eligible to submit new applications before 1 January 2005 and request dual assessment without the need to pay any additional processing fees.

On September 18, 2003, the Government of Canada introduced a pass mark of 67 points governing the assessment of new skilled worker applications filed under the Economic Class.

Initially when the new Immigration and Refugee Protection Act was implemented in June 2002, the Canadian government planned to implement new selection criteria, under a retroactive mechanism with the objective of refusing a growing backlog of many thousands of pending cases (the “backlog cases”). The new immigration rules were intended to systematically refuse up to 125,000 backlog applications filed under the former immigration selection rules.

In February 2003, the Federal Court ruled in the case of (Laurentiu Dragan v. Minister of Citizenship and Immigration, 2003 FCT 211), ordering the Canadian immigration authorities to assess 102 backlog cases under the old immigration rules before March 31, 2003. Most of the 102 applicants affected by the Dragan ruling have been approved. The ruling in the Dragan decision specifically found that the manner in which the new immigration rules were being introduced, to the prejudice of backlog cases, was improper.

Beginning in March 2003 and throughout 2003 numerous claims were filed on behalf of affected applicants, (including clients of immigration.ca) whose pending applications filed before January 1, 2002 were likely to be refused under the new immigration rules, demanding the Canadian immigration authorities to assess the backlog applications under more equitable selection criteria and eliminate retroactivity.

On June 20 2003, a Federal Court judge imposed an injunction preventing the immigration authorities from refusing any pending application which was filed prior to January 1, 2002.

On September 18, 2003 the Minister of Citizenship and Immigration introduced new measures for assessing economic class applicants as well as transitional measures for the assessment and processing of pending applications in the Economic Class, filed before January 1, 2002.

On December 1, 2003 the final version of the Transition Regulations were promulgated into force.

WHAT DOES THIS MEAN?

1. Pursuant to the Transition Regulations of December 2003, the retroactive application of the Immigration and Refugee Protection Regulations has been abolished.

2. The injunction imposed in June 2003 preventing CIC from refusing applications filed before January 1, 2002 remains in full force and effect until a court order removes this judicial ruling.

3. Applications (skilled worker, investors, entrepreneurs and self employed) that were submitted before January 1, 2002 and were still pending on December 1, 2003 will be assessed under the Dual-Assessment procedures. Applicants will be assessed under the more favourable of the two immigration regulations.

4. Applicants must comply with the documentation requirements of the Immigration and Refugee Protection Regulations. Applicants who are requested to submit new updated application forms; provide evidence of language abilities; etc; are urged to comply with such requests as soon as reasonably practicable. In some cases reasoned submissions may be advisable to explain difficulties in complying.

5. Applicants who originally applied before January 1, 2002 in the Federal Economic Class and who were refused, for any reason, between April 1, 2003 and June 19, 2003 will be eligible to re-submit new applications before January 1, 2005 with no additional processing fees.

6. Applicants who originally applied before January 1, 2002 in the Federal Economic Class and who withdrew their application, for any reason, between January 1, 2002 and October 31, 2003 will be eligible to re-submit new applications before January 1, 2005 with no additional processing fees.

7. Visa offices are now assessing pending applications on a first-in, first-out basis.

8. Since September 18, 2003, the pass mark for new skilled worker applicants is 67.

9. The use of discretion and substituted discretion continues to form an important tool in the immigration assessment process.