Possible changes to NOC/Rules- can it affect existing applicants?

[canpuneet]

Hi all,
We've been discussing in the forum that the NOC list might change very soon. I was just wondering if any possible changes in NOC & rules can be retrospecively applied and affect exisitng applicants too? I am not trying to create an alarm here, just wanted to know the views of experienced guys especially the stars... Rocky & Qorax...
I know for a fact that when NZ immigration rules changed in 2003, they affected existing applicants too. Does Canadian immigration have any such instance in its history? Please comment...all welcome..

 

[Naavy100]

No, If your applcation is locked in ..new rules will not effect

 

[Leon]

When the skilled worker program was changed in 2008, it did affect some existing applicants. They made a low-key statement in February of that year saying that new rules would come into effect in the fall and all applications from this date in February would be subject to the new rules that weren't out yet. Few people were really aware of this until the summer or fall that rumour had gotten around about the statement and the new rules coming into effect. The new rules were eventually posted in November that year, causing many applicants who had applied in good faith between February and November under the rules then posted on the CIC website to not qualify any more and be refused.

I don't think they would subject existing applications to new rules unless there had been some kind of statement like that but who knows.

 

[PMM]

Hi

When the skilled worker program was changed in 2008, it did affect some existing applicants. They made a low-key statement in February of that year saying that new rules would come into effect in the fall and all applications from this date in February would be subject to the new rules that weren't out yet. Few people were really aware of this until the summer or fall that rumour had gotten around about the statement and the new rules coming into effect. The new rules were eventually posted in November that year, causing many applicants who had applied in good faith between February and November under the rules then posted on the CIC website to not qualify any more and be refused.

I don't think they would subject existing applications to new rules unless there had been some kind of statement like that but who knows.

Not necessarily, the department could invoke Secton 77 of the Immigration Regulations

77. For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met at the time an application for a permanent resident visa is made as well as at the time the visa is issued.

So the Dept. could state that unless your experience was in the new list, as of x date, then you don't qualify. Same as they could raise the points required retroactively.