OLD APPLICATION PROCESS HAVENT STARTED-CAN APPLY UNDER NEW RULE?

[mathu]

HI

can any one give idea when old application still habent start the process. can apply under new rule? if we apply need to mention any letter as already applied ? or no need to mention?

any one did the same ?i have the experience in the 38 list ..


buhari

 

[aakash28]

i am also planning the same. My intention is to apply with new rule and wait till i get AOR. Then i will withdraw current application.

am i thinkinh right?

 

[mathu]

hi

if we apply under new rule ...do we need to mention the letter ..already we applied...or any other option to speed up the old application as per our experience under 38 job list.

and what time line yours..which cic.?did u get withdrawing option letter?

buhari

 

[Surean]

Hello,

I think under the old system, Visa office would have issued the receipt for your application processing fees it means that it is registered in their system. So first you have to withdraw the old application and then apply as new applicant. ( my opinion only)

Good Luck,

Sue

 

[Leon]

The only thing that can speed up an old application is an AEO (job offer). If you are in the list of 38, you shouldn't have a problem applying again under the new rules. CIC has said it's not a problem to have two applications going at the same time but you can withdraw your old one if you want to, then you might get back some or all of the fees.

You can see the timelines for applications under the old rules at http://www.cic.gc.ca/english/information/times/international/02a-skilled-fed.asp for different visa offices and from that you can have an idea how long your old application should take and whether it's worth it to also apply under the new rules. CIC doesn't have statistics yet over applications under the new rules but if you go to http://www.trackitt.com/canada-immigration-trackers/federal-skilled-workers and pick your visa office and sort by application dates, you can see some actual timelines.

 

[BobbyB]

The only thing that can speed up an old application is an AEO (job offer). If you are in the list of 38, you shouldn't have a problem applying again under the new rules. CIC has said it's not a problem to have two applications going at the same time but you can withdraw your old one if you want to, then you might get back some or all of the fees.

You can see the timelines for applications under the old rules at http://www.cic.gc.ca/english/information/times/international/02a-skilled-fed.asp for different visa offices and from that you can have an idea how long your old application should take and whether it's worth it to also apply under the new rules. CIC doesn't have statistics yet over applications under the new rules but if you go to trackitt.com/canada-immigration-trackers/federal-skilled-workers and pick your visa office and sort by application dates, you can see some actual timelines.

Hi Leon,

Could you please show me where "then you might get back some or all of the fees" is stated. This is the only reason why I did not reapply. I think it is just not fair on me (us) to pay 2 times . I am ready to withdraw and reapply under the new rules, if I am going to be refunded the application fees for my old application.

Based on the explanation on eCAS statuses:

If you check the eCAS status and the status is "in process" and you withdraw your case, I don't think you will get anything back .

Status of your application Explanation

IN
PROCESS (A decision has not been made yet.)

Application Received by Citizenship and Immigration Canada (CIC)
We have received your application and will review it in order of receipt.
We will send you an acknowledgment letter.

Documentation Verified by CIC
We are reviewing your application to make sure it is complete and that no documents are missing. We will return incomplete applications for resubmission.

An Interview May be Required
We will review the application and decide if an interview is necessary. If so, we will inform you in writing of the date, time and location of the interview.

WITHDRAWN (An application can only be withdrawn when it is IN PROCESS.)

Application Withdrawn
You may only withdraw your application before the Visa has been issued. There are no refunds after processing has started.

 

[Leon]

You always get the right of landing fee back. The processing fee you will get back if your processing hasn't started. Then there is the question of when exactly processing has started but with the old applications, especially the simplified ones, they may be listed on the website as "in process" but you know they are not really processing until they ask for documents. For new applications, they are put "in processing" if they clear Sydney but even then, it's debatable if processing has started as soon as they arrive at the visa office or only after the visa office asks for documents.

See for example http://www.cic.gc.ca/english/information/faq/immigrate/skilled/skilled-faq02.asp and http://www.cic.gc.ca/english/immigrate/skilled/apply-how.asp#step3 and http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf

 

[BobbyB]

You always get the right of landing fee back. - True/Agree. You will even get that back , if you decide not to go after you get the visa too. The processing fee you will get back if your processing hasn't started - TRUE/AGREE. Then there is the question of when exactly processing has started but with the old applications, especially the simplified ones, they may be listed on the website as "in process" but you know they are not really processing until they ask for documents - ALSO TRUE, but who will verify that to us and again, they sent out a letter requesting confirmation of one's continued interest in immigrating to Canada and it was also clearly stated in that letter that they will be not refund anything from that point on.. For new applications - (Note, also for old Applicants because my eCas shows "in process" even though I have not submitted a single document), they are put "in processing" if they clear Sydney but even then, it's debatable if processing has started as soon as they arrive at the visa office or only after the visa office asks for documents - so there is no transparency in the process? Anyway, thank you.

See for example http://www.cic.gc.ca/english/information/faq/immigrate/skilled/skilled-faq02.asp
So wrt to the above link, would you advise to send them an email and ask, "whether they have started processing or not, whilst explaining the situation in the email, that you "think" you qualify and would like to apply under the new rules?
and http://www.cic.gc.ca/english/immigrate/skilled/apply-how.asp#step3 and http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf

 

[vahidvahid]

Dear Leon & BobbyB,

I have two FSW applications at the same time (one under old rule submitted as simplified application process in 2007 and one under new rule which first approved by Sydney office and I sent full supporting documents 3 months ago and still is in “received by visa office” stage and I’m waiting to go “in process” stage)
2 weeks ago I got an email from visa office just regarding my old application which was under simplified process. They have mentioned and limited me to just 60 days timeframe if I want to withdraw and get refund of my old file application fee I should request during this 60 days time frame otherwise it will be process and I will not get any further offer to refund my old application fee.
This has put me in a confused situation because my new file has not approved yet and I thought my old file application fee will be refundable (as it has written in simplified application process rule) until when they will request its supporting documents which will be probably 2 years later but now this strange email which I think they have also sent to other old application clients (as BobbyB said) has caused me to decide about my old file.
What do you think if I did not withdraw my old file (during this 60 days timeframe) and my new file got approved is it possible to get any refund of my old simplified application file as they have not started to process it actively?

 

[BobbyB]

Dear Leon & BobbyB,

I have two FSW applications at the same time (one under old rule submitted as simplified application process in 2007 and one under new rule which first approved by Sydney office and I sent full supporting documents 3 months ago and still is in “received by visa office” stage and I'm waiting to go “in process” stage)
2 weeks ago I got an email from visa office just regarding my old application which was under simplified process. They have mentioned and limited me to just 60 days timeframe if I want to withdraw and get refund of my old file application fee I should request during this 60 days time frame otherwise it will be process and I will not get any further offer to refund my old application fee.
This has put me in a confused situation because my new file has not approved yet and I thought my old file application fee will be refundable (as it has written in simplified application process rule) until when they will request its supporting documents which will be probably 2 years later but now this strange email which I think they have also sent to other old application clients (as BobbyB said) has caused me to decide about my old file.
What do you think if I did not withdraw my old file (during this 60 days timeframe) and my new file got approved is it possible to get any refund of my old simplified application file as they have not started to process it actively?

First of all thank you for posting your experience. Well, this is good news for a person like me and many others, as I may have to rethink and maybe apply under the new rules (Hmm, which may take, again 1 to 1.5 Years). However, I am also of the firm believe that you will not get any refund, if you do not withdraw your old application) as you will then have 2 Applications that they will have to process. If I were you and again, if I was very sure that I really qualify under the new rules then why waste the money. I will withdraw the case. I think you are just lucky, they must have somehow missed sending you the letter I have pasted below before you applied again, under the new rules.

Did you receive any letter from them prior to this one, asking whether you are still interested in Immigrating to Canada?.


Here are the exact contents of the letter I am talking of:


Dear Sir/Madam,

This letter is in reference to your application for permanent residence in Canada, received on --Stamped Date--.Citizenship and Immigration Canada requests that you confirm whether or not you are still interested in immigrating to Canada.

If you are no longer interested in immigrating to Canada and you wish to withdraw your application, please contact the CHC in London within 60 days to confirm your mailing information and we will return your full application fee.

If we do not hear from you within this time frame, we will assume your continued interest in immigrating to Canada, and your application fees will be retained for future processing. No further offers to return your fee will be sent. When we are ready to actively begin processing your application we will contact you to request your updated information. However, at this point, you will not be eligible for a refund of your processing fee.

Thank you for your interest in Canada, If you are no longer interested in immigrating to Canada and would like a full refund of your application fee, please notify us within the next 60 Days.


Sincerely,

NOT SIGNED


High Commission of Canada

 

[vahidvahid]

BobbyB,

Yes the text you have pasted is exactly the email I got it 2 weeks ago (just about 3 months after sending my complete application to visa office under new rule). Now I have lost 2 weeks of 60 days timeframe. You know someone like me or you , we have been about 2.5 years in a queue for our old file it is very difficult decision to withdraw the file which you have been waiting long time. If I was absolutely sure which my new file will be approved I could withdraw my old file but you know no one can be sure his/her file will be approved until he/she will get visa office notification. Now I'm in this stage my new file is under pending review and unfortunately they have not started processing it so I can not be sure they will accept it.
I think you are right anyone who has got this email and did not withdraw his/her file will not get any refund but I believe this email is against what they have mentioned in simplified application process receipt they have issued after submitting our old file so we should notify them that it is unfair.
What do you think if I send an email and request to extend this timeframe until my new file get approved or rejected?

 

[barsindoo]

I feel for you guys. I hope some thing can be done about your cases.

Peace

 

[BobbyB]

BobbyB,

Yes the text you have pasted is exactly the email I got it 2 weeks ago (just about 3 months after sending my complete application to visa office under new rule). Now I have lost 2 weeks of 60 days timeframe. You know someone like me or you , we have been about 2.5 years in a queue for our old file it is very difficult decision to withdraw the file which you have been waiting long time. If I was absolutely sure which my new file will be approved I could withdraw my old file but you know no one can be sure his/her file will be approved until he/she will get visa office notification. Now I'm in this stage my new file is under pending review and unfortunately they have not started processing it so I can not be sure they will accept it.
I think you are right anyone who has got this email and did not withdraw his/her file will not get any refund but I believe this email is against what they have mentioned in simplified application process receipt they have issued after submitting our old file so we should notify them that it is unfair.
What do you think if I send an email and request to extend this timeframe until my new file get approved or rejected?

You may/can give it a go. I still believe you are one of the lucky ones who they somehow "forgot" to send this letter to initially. And as such, put's you in a far better position than many of us old applicants.
So, if you are sure you will sail through, with the new application, then act accordingly. I personally wish I had either never received the letter before I could re-apply or maybe received the letter @ a later stage like you, after, having applied under he new rules, as I am more than sure that I qualify. But like the saying goes, If wishes were horses, beggars will ride them.

I have consented to that letter like many others, maybe millions of others and I personally see no reason why I should loose CAD$1100 for me and my wife for nothing, in fact, for absolutely nothing.

 

[ahmadtajwer]

Hi,

Apart from this letter, my friend got letter to submit his docs. and even in that, it's mentioned that if you don't want to proceed with your application, you can withdraw it and CIC will provide full refund, so I suppose it's a good news for those who want to withdraw their applications and want to reapply under new rules.

 

[Leon]

Not all visa offices send "the letter". I think it's only London. It seems that they have decided that because it's taking a long time, some peoples situations have changed and they are no longer interested and want to cancel and get the fees back at the time London is contacting them for documents so now instead, they get a warning letter, warning, we are about to start processing, this is your time to get a refund. I don't think they send out the letter unless they are actually close to starting processing so if you get the letter, you might as well let your old application roll and forget about the new one. The old applications through London are taking about 3 years on average and since the newest of the old applications are about a year and a half old now, they only have about a year and a half left so for anybody who has a year and a half left of waiting and wants to apply again under the new rules which will probably take around the same time or maybe be around 6 months faster, in my opinion it's a waste of time and effort. On the other hand, for somebody who is from India where the old applications were taking more like 6 years, it might be worth it applying again under the new rules.