QUEBEC APPLICANTS LETS SHARE EXPERIENCE

[mkshah]

Ah, sorry, I messed up quoting

The OP was asking about this:


In the article about the Stasenko case, this is the paragraph which made me think that the statement the OP was asking about might not be entirely correct:

For reference: cicnews.com and this website are owned by Campbell & Cohen, one of the law firms involved in the case.

Hi Lammawitch,
Pls don't be sorry for this..
You are helping people here and doing good job.. and I truly appreciate your support to all people here..

Well, What I am saying here is that all the applications submitted prior to Aug-2013 will be treated as per the rules prevailing at the time of submitting application...

I would like to point out few things here based on Stasenko lawsuit..

In August 2013, MIDI came with change in rules and made it retroactively applicable for all the applications submitted till then.

I PROCEDURES
.....
[1] As a motion for declaratory judgment, the applicant Stasenko ('Stasenko') requests that the Court rules that the selection criteria and the weighting relating to his immigration application filed with the Immigration Minister, Diversity and Inclusion is treated according to the rules applicable at the time of its filing in April 2013.

[2] New selection criteria and weighting came into force on 1 st August 2013, intended to apply immediately to all immigration applications pending.
I LES PROCÉDURES

[1] Par voie de requête pour jugement déclaratoire, la requérante Stasenko (‘'Stasenko'') demande que le Tribunal statue que les critères de sélection et la pondération afférente à sa demande d'immigration déposée auprès du ministre de l'Immigration, de la Diversité et de l'Inclusion soit traitée suivant les règles applicables au moment de son dépôt, en avril 2013.

[2] De nouveaux critères de sélection et de pondération sont entrés en vigueur le 1er août 2013, censés s'appliquer immédiatement à toutes les demandes d'immigration en cours.

However, This applicant has filed his/her application in April 2013.
At that time and before that, all the forms were carrying specific text as below:

II FACTS
....
9. At the time when Stasenko's application was submitted in April 2013, the Minister's undertaking was to process it based on the selection criteria then in force. That undertaking was made in the forms published by the Minister, under the heading "Processing your application", which every applicant for a selection certificate was required to fill out, sign and submit with his or her application:

Processing your application

The selection criteria, requirements and requested information are subject to change. Therefore, make sure that you use up-to-date forms in preparing your application. They are available on our website at www.immigration-quebec-gouv.qc.ca/en/forms/index.html.

Your application for a selection certificate will be processed based on regulations in effect when it was submitted.

10. That mention was removed from the new version of form A-1520 released by the Minister in May 2013.
...

II LES FAITS
....
9. At the time when Stasenko's application was submitted in April 2013, the Minister's undertaking was to process it based on the selection criteria then in force. That undertaking was made in the forms published by the Minister, under the heading "Processing your application", which every applicant for a selection certificate was required to fill out, sign and submit with his or her application:

Processing your application

The selection criteria, requirements and requested information are subject to change. Therefore, make sure that you use up-to-date forms in preparing your application. They are available on our website at www.immigration-quebec-gouv.qc.ca/en/forms/index.html.

Your application for a selection certificate will be processed based on regulations in effect when it was submitted.

10. That mention was removed from the new version of form A-1520 released by the Minister in May 2013.
...

And based on these facts and procedures, the court has given below verdict.

III DECISION
...
[9] However, it seems that the necessary conditions are fulfilled here:

- There was a clear promise of government authorities to process the application according to the rules applicable at the time of filing;

- This promise was specifically related to the rules that would be applicable;
...

III DÉCISION
...
[9] Or, il semble bien que les conditions nécessaires soient ici remplies:

− il y avait une promesse claire des autorités gouvernementales de traiter la demande suivant les règles applicables au moment de son dépôt;

− cette promesse avait trait spécifiquement aux règles qui seraient applicables;
...

THEREFORE THE COURT GRANTS THE APPLICATION AS FOLLOWS:

DECLARES that the applicant's request for a '' selection certificate 'under the Act on Immigration to Quebec (RLRQ c. I-0.2) must be processed by the Minister of Immigration and Cultural Communities on Basic regulations in force at the time the applicant's request was filed, or the regulations in force in April 2013.
POUR CES MOTIFS, LE TRIBUNAL ACCUEILLE LA REQUÊTE COMME SUIT :

DÉCLARE que la demande de la requérante pour un ‘'selection certificate'' en vertu de la Loi sur l'Immigration au Québec (R.L.R.Q. c. I-0.2) doit être traitée par le Ministre de l'Immigration et des Communautés culturelles sur la base de la réglementation en vigueur au moment où la demande de la requérante a été déposée, soit la réglementation en vigueur au mois d'avril 2013.

 

[gEscobar]

Hi good evening everyone!

I am new here .. I am a filipina my husband is a Canadian from Quebec, we're married for 1year, and he stay here in the Philippines for more than 1yr, after our wedding we decided to stay for a little bit again here .. But we have plan to go back to canada and apply for sponsorship , but he want to process here in the Philippines so we can go back together .. Peoples says we should submit first at CPC-M all the documents then if it's approved they will forward in Manila embassy to send me a letter for my 2nd application.. My concern is how can we send our documents in CPC-M while my husband' is here in the Philippines , and I was thingking also and feel worried if what if the need to interview my hubby at Mississuaga ? Maybe my husbands can tell them That he stay here in the Philippines for a while and waiting for my approved my PR .. ? I hope someone can help me ,please help us also the step by step .. Thank you guys and more power!

 

[moutaouakilhamid]

To all,

This thread is strictly for QSW although any input from virtually anyone is appreciated.
WHo has already applied for Quebec?
Who is planning to apply for Quebec?

 

[Rigak]

Lammawitch thank you very much for your reply

 

[fazaeli]

thank you for the reply

i have read thsi before ,nowhere mentioned about verification by issuer or attestation by issuer which is university right?

anybody from india?

 

[kool_007dude]

anybody from india?

Yes I am from Punjab, India.
Get your documents notarized from notary public from local court.

 

[Am going! going!]

As others have pointed out guys this maybe grounds for appeal

​

Victory For Quebec Skilled Worker Applicants

Thousands of Canadian immigration applications may be affected by court decision

The Superior Court of Quebec has arrived at a decision in the case of Stasenko v. MICC et al, which challenged the government of Quebec's decision to apply changes to the Quebec Skilled Worker Program's (QSWP) eligibility criteria retroactively, having previously promised applicants that their application would be processed based on regulations in effect when it was submitted.

Legal proceedings were initiated by the law firms of Campbell Cohen (David Cohen) and Irving Mitchell Kalichman (Mathieu Bouchard) in an effort to prevent the government of Quebec from applying new immigration regulations retroactively. The decision centred on the principle of promissory estoppel — the legal principle that a promise is enforceable by law when the promisor (person making the promise) makes a promise to the promisee (person being promised) who relies on it to his or her detriment.

This important decision represents a victory for thousands of applicants whose applications for immigration to Canada under the QSWP may have been affected by regulations introduced by the government of Quebec that came into effect on August 1, 2013.

The background
In February, 2012, Quebec released a document checklist for the QSWP. No such checklist existed before this date. A key sentence of this checklist stated ‘your application for a selection certificate will be processed based on regulations in effect when it was submitted.' This sentence was removed from the checklist in May, 2013.

The QSWP is a points-based Canadian immigration program. Candidates are assessed according to various selection factors, such as language ability and level of education, and awarded a certain number of points based on these factors.

The government of Quebec enacted new regulations that came into effect on August 1st, 2013, the combined effect of which significantly changed the way points are calculated under the QSWP. Among the changes made to the points system were changes to how points were to be awarded for language ability. Whereas previously applicants could be awarded points according to their language ability, even if their abilities were basic or intermediate, the new regulations determined that points for language ability could only now be awarded if the applicant could prove an advanced-intermediate ability.

These regulations were applied retroactively to all applications where preliminary processing had not yet begun, meaning that these applications would be assessed according to the new points system, despite the promise made to applicants that their application for a selection certificate would be processed based on regulations in effect when it was submitted.

By the end of June, 2013, there were more than 50,000 affected applications for a selection certificate under the QSWP that had been received by the government of Quebec. Many of these applications had been submitted while the terms of the original checklist were in effect.
The only transitional measure put in place was to allow applicants who had submitted their applications between July 8 and August 16, 2013 to withdraw their application voluntarily and obtain a refund.

The case
A case against the government of Quebec was brought by an applicant who submitted an application for immigration to Quebec through the QSWP on April 9, 2013. The applicant, a Russian citizen, was a client of the Campbell Cohen law firm, with Attorney David Cohen as her legal representative. Her file was opened on June 20, 2013, and the Minister notified receipt of her processing fees, which came to CAD $910.

The changes made to the language proficiency requirements, which came into effect on August 1, 2013, meant that the applicant was unlikely to be eligible when it came to the preliminary processing stage of her application. Under the points system in place when her application was submitted, her chances of being assessed positively and being called for an interview by the government of Quebec were excellent.

On April 21, 2015, the Superior Court of Quebec made a decision in favour of the plaintiff and ruled against the government of Quebec. The government of Quebec has 30 days to appeal the decision.

What this means for applicants
At this time, it remains to be seen if it is only those applications that were submitted while the original document checklist was in effect with the key sentence ‘your application for a selection certificate will be processed based on regulations in effect when it was submitted' that may benefit from this decision. These applications would need to have been submitted between February, 2012 and April 2013, inclusive, and not yet have reached preliminary processing by the time the updated regulations came into force.

If these applicants wish to have their case for a selection certificate through the QSWP reassessed based on the points system in effect at the time of submission, they may be able to do so as a result of this case. A broader interpretation of the ruling could affect a greater number of applications submitted before February, 2012.

“In any event, this case is likely to have affected thousands of applicants who, in my view, were wrongly denied the chance to have their applications for immigration assessed with fairness. That is why I was proud to be co-counsel in the legal efforts against the government's decision,” says Attorney David Cohen.

“One would have thought that only those applicants who applied on or after August 1, 2013 would have been subject to the changes, but this was not the case. Changes were applied retroactively to candidates who applied, in good faith, months beforehand, under the impression that their application would be processed based on regulations in effect at the time of submission, as per the document checklist for the program.

“With a favourable decision based on the principle of promissory estoppel, these applicants may yet be able to realise their Canadian immigration aspirations through the Quebec Skilled Worker Program.”

http://www.cicnews.com/2015/04/victory-quebec-skilled-worker-applicants-045078.html




'

 

[Lammawitch]

Hi good evening everyone!

I am new here .. I am a filipina my husband is a Canadian from Quebec, we're married for 1year, and he stay here in the Philippines for more than 1yr, after our wedding we decided to stay for a little bit again here .. But we have plan to go back to canada and apply for sponsorship , but he want to process here in the Philippines so we can go back together .. Peoples says we should submit first at CPC-M all the documents then if it's approved they will forward in Manila embassy to send me a letter for my 2nd application.. My concern is how can we send our documents in CPC-M while my husband' is here in the Philippines , and I was thingking also and feel worried if what if the need to interview my hubby at Mississuaga ? Maybe my husbands can tell them That he stay here in the Philippines for a while and waiting for my approved my PR .. ? I hope someone can help me ,please help us also the step by step .. Thank you guys and more power!

You will find loads of helpful information in the family sponsorship section of this site. In the meantime, start here:
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

And be sure to follow & read the link to Quebec requirements.

You need to apply for Outland spousal sponsorship. Yes, the sponsorship application needs to be sent to Canada, but *if* (and it doesn't always happen) an interview is required, it will be arranged in your country of residence.

 

[mkshah]

As others have pointed out guys this maybe grounds for appeal

​

Victory For Quebec Skilled Worker Applicants

Thousands of Canadian immigration applications may be affected by court decision

The Superior Court of Quebec has arrived at a decision in the case of Stasenko v. MICC et al, which challenged the government of Quebec's decision to apply changes to the Quebec Skilled Worker Program's (QSWP) eligibility criteria retroactively, having previously promised applicants that their application would be processed based on regulations in effect when it was submitted.

Legal proceedings were initiated by the law firms of Campbell Cohen (David Cohen) and Irving Mitchell Kalichman (Mathieu Bouchard) in an effort to prevent the government of Quebec from applying new immigration regulations retroactively. The decision centred on the principle of promissory estoppel — the legal principle that a promise is enforceable by law when the promisor (person making the promise) makes a promise to the promisee (person being promised) who relies on it to his or her detriment.

This important decision represents a victory for thousands of applicants whose applications for immigration to Canada under the QSWP may have been affected by regulations introduced by the government of Quebec that came into effect on August 1, 2013.

The background
In February, 2012, Quebec released a document checklist for the QSWP. No such checklist existed before this date. A key sentence of this checklist stated ‘your application for a selection certificate will be processed based on regulations in effect when it was submitted.' This sentence was removed from the checklist in May, 2013.

The QSWP is a points-based Canadian immigration program. Candidates are assessed according to various selection factors, such as language ability and level of education, and awarded a certain number of points based on these factors.

The government of Quebec enacted new regulations that came into effect on August 1st, 2013, the combined effect of which significantly changed the way points are calculated under the QSWP. Among the changes made to the points system were changes to how points were to be awarded for language ability. Whereas previously applicants could be awarded points according to their language ability, even if their abilities were basic or intermediate, the new regulations determined that points for language ability could only now be awarded if the applicant could prove an advanced-intermediate ability.

These regulations were applied retroactively to all applications where preliminary processing had not yet begun, meaning that these applications would be assessed according to the new points system, despite the promise made to applicants that their application for a selection certificate would be processed based on regulations in effect when it was submitted.

By the end of June, 2013, there were more than 50,000 affected applications for a selection certificate under the QSWP that had been received by the government of Quebec. Many of these applications had been submitted while the terms of the original checklist were in effect.
The only transitional measure put in place was to allow applicants who had submitted their applications between July 8 and August 16, 2013 to withdraw their application voluntarily and obtain a refund.

The case
A case against the government of Quebec was brought by an applicant who submitted an application for immigration to Quebec through the QSWP on April 9, 2013. The applicant, a Russian citizen, was a client of the Campbell Cohen law firm, with Attorney David Cohen as her legal representative. Her file was opened on June 20, 2013, and the Minister notified receipt of her processing fees, which came to CAD $910.

The changes made to the language proficiency requirements, which came into effect on August 1, 2013, meant that the applicant was unlikely to be eligible when it came to the preliminary processing stage of her application. Under the points system in place when her application was submitted, her chances of being assessed positively and being called for an interview by the government of Quebec were excellent.

On April 21, 2015, the Superior Court of Quebec made a decision in favour of the plaintiff and ruled against the government of Quebec. The government of Quebec has 30 days to appeal the decision.

What this means for applicants
At this time, it remains to be seen if it is only those applications that were submitted while the original document checklist was in effect with the key sentence ‘your application for a selection certificate will be processed based on regulations in effect when it was submitted' that may benefit from this decision. These applications would need to have been submitted between February, 2012 and April 2013, inclusive, and not yet have reached preliminary processing by the time the updated regulations came into force.

If these applicants wish to have their case for a selection certificate through the QSWP reassessed based on the points system in effect at the time of submission, they may be able to do so as a result of this case. A broader interpretation of the ruling could affect a greater number of applications submitted before February, 2012.

“In any event, this case is likely to have affected thousands of applicants who, in my view, were wrongly denied the chance to have their applications for immigration assessed with fairness. That is why I was proud to be co-counsel in the legal efforts against the government's decision,” says Attorney David Cohen.

“One would have thought that only those applicants who applied on or after August 1, 2013 would have been subject to the changes, but this was not the case. Changes were applied retroactively to candidates who applied, in good faith, months beforehand, under the impression that their application would be processed based on regulations in effect at the time of submission, as per the document checklist for the program.

“With a favourable decision based on the principle of promissory estoppel, these applicants may yet be able to realise their Canadian immigration aspirations through the Quebec Skilled Worker Program.”

http://www.cicnews.com/2015/04/victory-quebec-skilled-worker-applicants-045078.html




'

Yes,
so.. what do you think from this article?
Will all applications prior to Aug 2013 be treated according to the rules applicable at the time of submitting the application?
or it will be specific to applications submitted during a certain time period??

forum members... pls give your comments, suggestions, opinions about it..

 

[jobys]

Dear All;
Today I have received AOR from CIO for my application in federal stage..
Thanks
Good Luck to all
Jobys

 

[mapsora]

Dear All;
Today I have received AOR from CIO for my application in federal stage..
Thanks
Good Luck to all
Jobys

Can you kindly share with me your AOT and france level

 

[kool_007dude]

Yes,
so.. what do you think from this article?
Will all applications prior to Aug 2013 be treated according to the rules applicable at the time of submitting the application?
or it will be specific to applications submitted during a certain time period??

forum members... pls give your comments, suggestions, opinions about it..

If this article is applicable for prior august 2013 then that's bad news for me because i submitted my file in March 2013 and my AOT were in Group C means 6 points, Now my AOT is in Group A and now i am getting 16 points.

 

[kool_007dude]

"Indian Applicants Only"

As proof of legality of work experience you can submitted only document issued by government authority.

In India social security contribution is PF (Provident Fund), get letter from them that you are a member of PF from this to this year.

else

you can submit "Notice of Assessment" from Income tax department. If you are submitting Income Tax Returns then definitely you should have the letter called "Intimation u/s 143(1)", this is the Notice of Assessment. (It's a bilingual document and no need of translation)

else

Tax exemption letter issued by Income Tax Department.

No other document will be accepted.

Caution: Don't submit document issued by employer or an accountant (C.A).

Don't Submit:
Pay Slips
ITR
ITR Acknowledgment
CA Certificate
etc etc.

Submit only document issued by PF Department and Income tax department only.

 

[jobys]

Can you kindly share with me your AOT and france level

I am a nurse and my french at beginner level

 

[mkshah]

"Indian Applicants Only"

As proof of legality of work experience you can submitted only document issued by government authority.

In India social security contribution is PF (Provident Fund), get letter from them that you are a member of PF from this to this year.

else

you can submit "Notice of Assessment" from Income tax department. If you are submitting Income Tax Returns then definitely you should have the letter called "Intimation u/s 143(1)", this is the Notice of Assessment. (It's a bilingual document and no need of translation)

else

Tax exemption letter issued by Income Tax Department.

No other document will be accepted.

Caution: Don't submit document issued by employer or an accountant (C.A).

Don't Submit:
Pay Slips
ITR
ITR Acknowledgment
CA Certificate
etc etc.

Submit only document issued by PF Department and Income tax department only.

Hi kool_007dude,
thank you for sharing this valuable info..

My first query is that how to get PF statement as per the exact requirements of quebec immigration is asking??

My another query is as below:
I have received a letter asking this same documents..

24. Original ou copie certifiée conforme de preuve des cotisations sociales ou preuve de paiement de l’impôt sur le revenu pour attester la légalité de l’expérience professionnelle pour les années mentionnées ci-dessous
S’il vous est impossible d’obtenir l’une de ces preuves, vous devez fournir l’original ou la copie certifiée conforme d’une preuve d’exonération du paiement des primes de sécurité sociale ou d’une preuve d’exonération du paiement de l’impôt sur le revenu.
Pour : Requérant principal ou requérante 
- 2008-2009
- 2012-2013
Pour : Conjoint ou conjointe 
- 2009-2010
- 2010-2011
Original de la traduction de la preuve fournie ci-dessus
Pour : Requérant principal ou requérante principale  Conjoint ou conjointe 
Attention!
Tous les documents attestant la légalité de l’expérience professionnelle doivent être émis par une autorité gouvernementale.
Les documents émis par un employeur ou un comptable ne sont pas acceptés.
ÉTIQUETTES

24. Original or certified copy of proof of social security contributions or proof of payment of the income tax to certify the legality of professional experience for the years mentioned below
If you are unable to get any of this evidence, you must provide the original or certified copy of a proof of exemption from payment of social security premiums or proof of exemption from payment of income tax.
To: Principal Applicant or applicant 
- 2008-2009
- 2012-2013
To: Spouse or Partner 
- 2009-2010
- 2010-2011
Original translation of the evidence provided above
To: Principal applicant or principal applicant  Spouse or Partner 

Warning!
All documents certifying the legality of professional experience must be issued by a government authority.
Documents issued by an employer or an accountant are not accepted.


I have worked for a single employer from year 2007 to 2014, so how can I provide separate PF contribution documents?
I left this company in year 2014. So the problem is that I have withdrawn the entire PF amount from this employer..
And the PF amount is zero in this PF account.

So, what to do now?