Pre Feb 2008 applicants
- Thread starter hamid22
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Mr.Engineer
VIP Member
- Jan 25, 2012
- 137
- Category........
- Job Offer........
- Pre-Assessed..
- VISA ISSUED...
- nov 2014 [color=red]ye sab tera karam hai ALLAH verna meri itni aukaat na thi[/color]
- LANDED..........
- landed jan 2015 MashaAllah
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442.asp
Operational Bulletin 442 - June 29, 2012
Cessation of Processing and Return of Fees for Certain Federal Skilled Worker Applications
Summary
Processing of certain applications made under the Federal Skilled Worker (FSW) program prior to February 27, 2008, is to cease effective June 29, 2012, and fees paid to Citizenship and Immigration Canada (CIC) in respect of the affected applications are to be returned to the person who paid them as required by law.
Issue
This Operational Bulletin (OB) provides guidance on steps to be taken to terminate certain FSW applications made prior to February 27, 2008, as per amendments to the Immigration and Refugee Protection Act (IRPA) that were enacted as part of the Jobs, Growth and Long-term Prosperity Act and come into force on June 29, 2012.
Background
The Jobs, Growth and Long-term Prosperity Act eliminates the majority of the backlog in the FSW program by terminating applications and returning fees paid to CIC by certain FSW applicants who applied prior to February 27, 2008. The requirement to terminate certain FSW applications takes legal effect upon the coming into force of relevant provisions of the Jobs, Growth and Long-term Prosperity Act on June 29, 2012.
An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008, is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.
Processing Instructions
Visa offices are to cease processing of FSW applications made prior to February 27, 2008, in accordance with the following instructions:
If the officer... and Then...
has not established whether the applicant meets the selection criteria prior to March 29, 2012
the application is terminated; and
fees paid to CIC are to be returned to the person who paid them.
has established whether the applicant meets the selection criteria prior to March 29, 2012 the application has not been finalized before June 29, 2012...
processing of the application continues to a final decision; and
fees paid to CIC will not be returned to the person who paid them.
established whether the applicant meets the selection criteria on or after March 29, 2012 the application has not been finalized before June 29, 2012...
the application is terminated; and
fees paid to CIC are to be returned to the person who paid them.
established whether the applicant meets the selection criteria on or after March 29, 2012 the application has been finalized before June 29, 2012...
the final decision on the application stands;
processing continues to visa issuance or refusal; and
fees paid to CIC will not be returned to the person who paid them.
Note: No further action is required at this time on the part of visa offices for those applications that are terminated in accordance with the above instructions.
Establishing that a decision has been made as to whether the applicant meets selection criteria
A decision as to whether the applicant meets selection criteria was made if, prior to March 29, 2012, at least one of the following actions was taken:
a selection decision was entered into the processing system (“SELDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Eligibility – Passed” / “Eligibility – Failed” in the Global Case Management System (GCMS));
the file notes clearly state that the selection criteria have or have not been met, but a selection decision has not yet been entered into the processing system;
a negative decision had previously been made, but the file had been re-opened for a redetermination further to an order by a Superior Court (which includes the Federal Court) or a settlement agreement entered into by way of a Court order made prior to March 29, 2012.
A decision as to whether the applicant met selection criteria was not made prior to March 29, 2012, if any of the following situations applied as of that date:
a preliminary review of the documentation has taken place, but a selection decision has not been entered into the processing system or documented as described above;
additional documentation had been requested from the applicant but has not been received, or a selection interview is pending;
additional documents were received that could have served to make a selection decision, but the selection decision has not been entered in the processing system or documented as described above. For instance, receipt of an Arranged Employment Opinion (AEO) or a response to an officer's request for additional information prior to March 29, 2012.
Establishing that a final decision has been made
In establishing that final decision has been made on an application, at least one of the following actions must have been taken:
a final decision was entered into the processing system (“FINDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Final – Approved” / “Final – Refused” in the Global Case Management System (GCMS));
the file notes clearly state that a final decision has been rendered, but the decision has not yet been entered into the processing system.
Returning fees paid to CIC
The. process of returning fees paid to CIC in concert with the termination of affected applications will be centralized at NHQ – Finance in consultation with visa offices as required.
Fee returns and communications with affected applicants will be initiated by CIC in due course.
The basis for the amounts to be refunded will be the POS+ data at missions. NHQ – Finance will communicate with affected missions in due course to provide further instructions on the extraction of required data. The POS+ data will subsequently be matched with the eligible cases extracted from CAIPS/GCMS and will form the baseline data for the purpose of returning fees to the payee.
NHQ – Finance will communicate with eligible applicants in due course to confirm contact and payee information prior to initiating any return of fees paid to CIC, and will allow a reasonable period of time for applicants to respond. In cases where no response to any initial and any follow-up communications is received, applications are still terminated, but action may still be taken at a future date to return fees to the person who paid them.
Fee returns will be issued in the appropriate currency for the country in which the person who paid them resides, using the daily exchange conversion rate in effect on the date of issuance.
Unsuccessful applicants who had paid the Right of Permanent Residence Fee (RPRF) will continue to be entitled to a return of that fee in accordance with existing procedures.
File retention
The files and supporting documentation associated with terminated applications will be retained for a period of at least two years from the last point of administrative use, in accordance with current information management practices and retention requirements.
The last point of administrative use will generally be considered to be the date on which fees paid to CIC are returned to the applicant.
Federal Court challenge to section 87.4 of IRPA
The amendments contained in section 87.4 of the IRPA terminating FSW applications are subject to litigation. The result of that litigation could affect how the terminated FSW applications are handled in the future. Further information will be provided as the litigation progresses.
Operational Bulletin 442 - June 29, 2012
Cessation of Processing and Return of Fees for Certain Federal Skilled Worker Applications
Summary
Processing of certain applications made under the Federal Skilled Worker (FSW) program prior to February 27, 2008, is to cease effective June 29, 2012, and fees paid to Citizenship and Immigration Canada (CIC) in respect of the affected applications are to be returned to the person who paid them as required by law.
Issue
This Operational Bulletin (OB) provides guidance on steps to be taken to terminate certain FSW applications made prior to February 27, 2008, as per amendments to the Immigration and Refugee Protection Act (IRPA) that were enacted as part of the Jobs, Growth and Long-term Prosperity Act and come into force on June 29, 2012.
Background
The Jobs, Growth and Long-term Prosperity Act eliminates the majority of the backlog in the FSW program by terminating applications and returning fees paid to CIC by certain FSW applicants who applied prior to February 27, 2008. The requirement to terminate certain FSW applications takes legal effect upon the coming into force of relevant provisions of the Jobs, Growth and Long-term Prosperity Act on June 29, 2012.
An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008, is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.
Processing Instructions
Visa offices are to cease processing of FSW applications made prior to February 27, 2008, in accordance with the following instructions:
If the officer... and Then...
has not established whether the applicant meets the selection criteria prior to March 29, 2012
the application is terminated; and
fees paid to CIC are to be returned to the person who paid them.
has established whether the applicant meets the selection criteria prior to March 29, 2012 the application has not been finalized before June 29, 2012...
processing of the application continues to a final decision; and
fees paid to CIC will not be returned to the person who paid them.
established whether the applicant meets the selection criteria on or after March 29, 2012 the application has not been finalized before June 29, 2012...
the application is terminated; and
fees paid to CIC are to be returned to the person who paid them.
established whether the applicant meets the selection criteria on or after March 29, 2012 the application has been finalized before June 29, 2012...
the final decision on the application stands;
processing continues to visa issuance or refusal; and
fees paid to CIC will not be returned to the person who paid them.
Note: No further action is required at this time on the part of visa offices for those applications that are terminated in accordance with the above instructions.
Establishing that a decision has been made as to whether the applicant meets selection criteria
A decision as to whether the applicant meets selection criteria was made if, prior to March 29, 2012, at least one of the following actions was taken:
a selection decision was entered into the processing system (“SELDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Eligibility – Passed” / “Eligibility – Failed” in the Global Case Management System (GCMS));
the file notes clearly state that the selection criteria have or have not been met, but a selection decision has not yet been entered into the processing system;
a negative decision had previously been made, but the file had been re-opened for a redetermination further to an order by a Superior Court (which includes the Federal Court) or a settlement agreement entered into by way of a Court order made prior to March 29, 2012.
A decision as to whether the applicant met selection criteria was not made prior to March 29, 2012, if any of the following situations applied as of that date:
a preliminary review of the documentation has taken place, but a selection decision has not been entered into the processing system or documented as described above;
additional documentation had been requested from the applicant but has not been received, or a selection interview is pending;
additional documents were received that could have served to make a selection decision, but the selection decision has not been entered in the processing system or documented as described above. For instance, receipt of an Arranged Employment Opinion (AEO) or a response to an officer's request for additional information prior to March 29, 2012.
Establishing that a final decision has been made
In establishing that final decision has been made on an application, at least one of the following actions must have been taken:
a final decision was entered into the processing system (“FINDEC” in the Computer-Assisted Immigration Processing System (CAIPS) or “Final – Approved” / “Final – Refused” in the Global Case Management System (GCMS));
the file notes clearly state that a final decision has been rendered, but the decision has not yet been entered into the processing system.
Returning fees paid to CIC
The. process of returning fees paid to CIC in concert with the termination of affected applications will be centralized at NHQ – Finance in consultation with visa offices as required.
Fee returns and communications with affected applicants will be initiated by CIC in due course.
The basis for the amounts to be refunded will be the POS+ data at missions. NHQ – Finance will communicate with affected missions in due course to provide further instructions on the extraction of required data. The POS+ data will subsequently be matched with the eligible cases extracted from CAIPS/GCMS and will form the baseline data for the purpose of returning fees to the payee.
NHQ – Finance will communicate with eligible applicants in due course to confirm contact and payee information prior to initiating any return of fees paid to CIC, and will allow a reasonable period of time for applicants to respond. In cases where no response to any initial and any follow-up communications is received, applications are still terminated, but action may still be taken at a future date to return fees to the person who paid them.
Fee returns will be issued in the appropriate currency for the country in which the person who paid them resides, using the daily exchange conversion rate in effect on the date of issuance.
Unsuccessful applicants who had paid the Right of Permanent Residence Fee (RPRF) will continue to be entitled to a return of that fee in accordance with existing procedures.
File retention
The files and supporting documentation associated with terminated applications will be retained for a period of at least two years from the last point of administrative use, in accordance with current information management practices and retention requirements.
The last point of administrative use will generally be considered to be the date on which fees paid to CIC are returned to the applicant.
Federal Court challenge to section 87.4 of IRPA
The amendments contained in section 87.4 of the IRPA terminating FSW applications are subject to litigation. The result of that litigation could affect how the terminated FSW applications are handled in the future. Further information will be provided as the litigation progresses.
You may order Caipsnotes, there are variety of websites offering extraction of caips on your behalf for a reasonable feehamid22 said:
do order caips, maybe some good news for u inside caips,
all the best!
ItsbeenLongnow
which month you applied..hamid22 said:
my brother applied in march 2007... but still no update so far no document request ....
don't know if this is still relevant......
http://www.melodika.net/index.php?option=com_content&task=view&id=323093&Itemid=54
Based On Decision of Federal Court, Canada May Process Applications Made Prior To Feb 2008
Monday, 02 July 2012
Canadian Government has now conveyed that as per the decision of Federal court, Canada will process all the applications for permanent residency in Canada, accepted prior to February 27, 2008. The department of Immigration and Citizenship Canada is trying to finish up the pending lot of applications with the assistance of legislation.
Canada Citizenship and Immigration Minister Jason Kenney was sued by 900 Canadian permanent residency applicants under the federal skilled worker class out of about 300,000 affected applicants. The applicants pleaded the court to issues orders to get their applications for permanent residence be processed by Citizenship and Immigration Canada within a reasonable time frame. They asked the court to order the immigration department to process their applications within a reasonable time frame.
Around 300,000 applicants of central skilled worker class were affected by the non-processing of their applications of Canadian permanent residency and 900 applicants out of them had litigated the Canadian Minister of Immigration and Citizenship, Jason Kenney. The applicants filed the case in the Federal court to get the orders of processing their applications by the Canadian Immigration and Citizenship department within a realistic period of time. This is the result of the plea of applicants that Canadian government has issues orders to process the backlog of applications at the earliest.
According to Minister Kenney he is responsible for making policies concerning Canadian Citizenship and Immigration and the delay in processing the applications is merely due to changes in the policies, thus accepted. But litigants have their justified point of view that delay of 5-9 years is quite prolonged and can’t be justified. Applicants argued that the department should be effective enough to process the application in time and they must possess the capacity to implement the new policies as soon as possible so that pending work doesn’t hamper.
Although it has been communicated that Federal court has ordered the timely processing of all the pending applications, the practical problem is that backlog is huge. To tackle this problem, Federal court has also given a solution that process all the applications of the higher priority first till October 14, 2012 thus giving prospect to other candidates of process of their application with in time to come.
However, everything goes in favor of litigants, as according to their legal representative, the court has refused the appeal application filed by the Citizenship and Immigration Minister and gives the final verdict on this case.
As of late another Federal court also refused to offer any respite to the candidates who pleaded the court to order the Jason Kenney to safeguard their permanent residency applications while the case is in the court as the hearing was not complete yet and no law came into being at that time.
Whatever is the decision of the court is final now as the legislation had made the law after probing all the circumstances hence it’s a blow to the Government of Canada and the department of Canadian Immigration and Citizenship because they were about to eliminate the applications of around 300,000 candidates from their records by returning back the processing charges.
http://www.melodika.net/index.php?option=com_content&task=view&id=323093&Itemid=54
Based On Decision of Federal Court, Canada May Process Applications Made Prior To Feb 2008
Monday, 02 July 2012
Canadian Government has now conveyed that as per the decision of Federal court, Canada will process all the applications for permanent residency in Canada, accepted prior to February 27, 2008. The department of Immigration and Citizenship Canada is trying to finish up the pending lot of applications with the assistance of legislation.
Canada Citizenship and Immigration Minister Jason Kenney was sued by 900 Canadian permanent residency applicants under the federal skilled worker class out of about 300,000 affected applicants. The applicants pleaded the court to issues orders to get their applications for permanent residence be processed by Citizenship and Immigration Canada within a reasonable time frame. They asked the court to order the immigration department to process their applications within a reasonable time frame.
Around 300,000 applicants of central skilled worker class were affected by the non-processing of their applications of Canadian permanent residency and 900 applicants out of them had litigated the Canadian Minister of Immigration and Citizenship, Jason Kenney. The applicants filed the case in the Federal court to get the orders of processing their applications by the Canadian Immigration and Citizenship department within a realistic period of time. This is the result of the plea of applicants that Canadian government has issues orders to process the backlog of applications at the earliest.
According to Minister Kenney he is responsible for making policies concerning Canadian Citizenship and Immigration and the delay in processing the applications is merely due to changes in the policies, thus accepted. But litigants have their justified point of view that delay of 5-9 years is quite prolonged and can’t be justified. Applicants argued that the department should be effective enough to process the application in time and they must possess the capacity to implement the new policies as soon as possible so that pending work doesn’t hamper.
Although it has been communicated that Federal court has ordered the timely processing of all the pending applications, the practical problem is that backlog is huge. To tackle this problem, Federal court has also given a solution that process all the applications of the higher priority first till October 14, 2012 thus giving prospect to other candidates of process of their application with in time to come.
However, everything goes in favor of litigants, as according to their legal representative, the court has refused the appeal application filed by the Citizenship and Immigration Minister and gives the final verdict on this case.
As of late another Federal court also refused to offer any respite to the candidates who pleaded the court to order the Jason Kenney to safeguard their permanent residency applications while the case is in the court as the hearing was not complete yet and no law came into being at that time.
Whatever is the decision of the court is final now as the legislation had made the law after probing all the circumstances hence it’s a blow to the Government of Canada and the department of Canadian Immigration and Citizenship because they were about to eliminate the applications of around 300,000 candidates from their records by returning back the processing charges.
Dear Friends,
I am an applicant of 2004 and did medicals in October 2011. I sent an email to London office on July 3, 2012 and received following reply on July 4.
Dear Applicant,
In response to your email, please note that your file is currently undergoing routine background checks. Whilst we appreciate that your medical examination results are due to expire on 13-10-2012, we are currently unable to advise when the checks will be completed.
Please note that no further action is required from you at this stage. We will contact you as soon as the results of the background checks have been received.
Yours faithfully,
RIH
Program Assistant
I am sending them email every month and every time I receive the same reply.
I am an applicant of 2004 and did medicals in October 2011. I sent an email to London office on July 3, 2012 and received following reply on July 4.
Dear Applicant,
In response to your email, please note that your file is currently undergoing routine background checks. Whilst we appreciate that your medical examination results are due to expire on 13-10-2012, we are currently unable to advise when the checks will be completed.
Please note that no further action is required from you at this stage. We will contact you as soon as the results of the background checks have been received.
Yours faithfully,
RIH
Program Assistant
I am sending them email every month and every time I receive the same reply.
If you applied on that year and just got your medicals on Oct 2011 so meaning mine and those who applied later will get longer MED request. So sad and furthermore this new law makes more worrying on our part.
Please Lord help us not to make this continue and grant all our approval insted.
Please Lord help us not to make this continue and grant all our approval insted.
msaleemb said:
I had applied in Nov 2005 and got file number in Feb 2006, later Dec 2009 received a letter from CIC for requesting my interest in processing my case, i had shown my interest for processing my file but later till date no other letter nor instructions are received from CIC. My online status shows under process. Please advice if anyone is in my row...