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All those applicants applied under old system(before Feb,2008)

SKGSSP

Star Member
Jul 1, 2010
54
1
Nepal
Category........
Visa Office......
new delhi
Job Offer........
Pre-Assessed..
Mancilla said:
Watch my thread OMNIBUS BUDGET BILL, C-38. I have updated with the latest.
Dear Friends!
Are the good news only on paper or there are results as well accordingly?
It is going to be 7 and half year soon since I applied. Now I do not have patience any more? Pls. any one advice what should I do further?

Wishing you all the Best
SKGSSP
 

Rajan01

Star Member
Jan 23, 2010
148
15
Category........
Visa Office......
New- delhi
NOC Code......
4211&4112
Job Offer........
Pre-Assessed..
App. Filed.......
29-06-06
Doc's Request.
waiting
AOR Received.
06-09-06
No Hope and chapter closed for Old FSW as the Jason Kenney has today, announced eliminating the backlog of old FSWP applications on CIC site.
http://www.cic.gc.ca/english/department/media/releases/2012/2012-06-28.asp

Rajan
 

Rimjim

Full Member
Feb 28, 2010
27
3
Rajan01 said:
No Hope and chapter closed for Old FSW as the Jason Kenney has today, announced eliminating the backlog of old FSWP applications on CIC site.
http://www.cic.gc.ca/english/department/media/releases/2012/2012-06-28.asp
Federal Court may allow processing of applications made before February 2008
by Angel - June 27, 2012

Applications made before February 2008 will be processed after the verdict of Federal Court



According to a recent legislation passed by Jason Kenney, Immigration Minister, the applications submitted after February 2008 under the category of skilled labor will not be processed.

On March 30, 2012 Jason Kenney, Citizenship and Immigration Canada announced to return he applications of skilled workers who had applied before February27, 2008.

The Citizenship and Immigration Canada is all set to eliminate the backlog of all applications made before February 27, 2008.

Federal Court has ruled that Canadian government is obliged to process all the applications.

About 300,000 applicants were affected due to the new legislation and all were under the federal skilled worker class.

Jason Kenney, Immigration Minister was sued by 900 applicants. The applicants requested the court to process their applications for permanent residence by the Citizenship and Immigration Canada within a reasonable time frame.

Jason Kenney justified himself by saying that “he is authorized to make policies and there can be a delay due to change in policy.”

The applicants refused to accept the delay for five to nine years and they regarded the same as “unjustified”.

The court has passed orders for a selected few applicants. The deadline of October has been given to process the applications of lead applicants hence there is a possibility of other applications to get processed in the days to come.

Applicants’ Lawyer claims that the Court’s decision is final and the request for appeal by the Citizenship and Immigration Minister has been refused.

Another Federal Court did not give relief to applicants while the case was being heard yet till the time the legislation turns out to be a law.

The decision made by the Federal Court is observed as a blow to the Government of Canada as the government was all set to refuse about 300,000 applications and there was a plan to refund him processing fee to these applicants.

Refunding the fee would not have been of any help to the applicants as their dreams were associated with these applications.

Now the Federal court has brought a ray of hope to the applicants who have been waiting to get a chance for the last many years.

The Court has also controlled the moves of the Government which was about to bring injustice to those applicants who have been waiting for years.
 

Rajan01

Star Member
Jan 23, 2010
148
15
Category........
Visa Office......
New- delhi
NOC Code......
4211&4112
Job Offer........
Pre-Assessed..
App. Filed.......
29-06-06
Doc's Request.
waiting
AOR Received.
06-09-06
Affected applicants are filing a class action lawsuit against Ottawa, which has agreed not to destroy or return their applications within 90 days of the bill’s passage until the lawsuit is certified by the court. A court date is expected for September.
 

jotgrewal

Hero Member
Jan 8, 2011
399
57
Canada
Rajan01 said:
Affected applicants are filing a class action lawsuit against Ottawa, which has agreed not to destroy or return their applications within 90 days of the bill's passage until the lawsuit is certified by the court. A court date is expected for September.
a ray of hope.. but you never know...
 

Rajan01

Star Member
Jan 23, 2010
148
15
Category........
Visa Office......
New- delhi
NOC Code......
4211&4112
Job Offer........
Pre-Assessed..
App. Filed.......
29-06-06
Doc's Request.
waiting
AOR Received.
06-09-06
Cessation of Processing and Return of Fees for Certain Federal Skilled Worker Applications

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.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442.asp
 

esnips

Full Member
Jun 30, 2012
31
0
Dear All,

My file is in process from sep 2004 in India . I got document request on around feb 2009 after that there is not any update. Still date my status is showing "In process" . Kindly advise what is status of my application as per ob442

Please reply

Regards,
Esnips
 

Rajan01

Star Member
Jan 23, 2010
148
15
Category........
Visa Office......
New- delhi
NOC Code......
4211&4112
Job Offer........
Pre-Assessed..
App. Filed.......
29-06-06
Doc's Request.
waiting
AOR Received.
06-09-06
Lawyers plan Lawsuit against application refusals
by Angel - July 10, 2012

Lawyers to move the Court against refusal of applications

On March, 2012 the Government had made an announcement to return the all the immigrant applications submitted before February, 2008. This would have affected 300,000 aspiring applicants and an amount of $130 million would have refunded to them, which they had submitted as “processing fee”.

This announcement had come with the 2012 Federal Budget and was made to reduce the national deficit by increasing the efficiency of immigration process. Citizenship and Immigration Canada had planned to reduce the operating costs by $179 million in the name of processing cost.

Officials had also felt that the “soft immigration policy” is making the nation reachable by all; hence somewhere the quality is getting compromised.

The Government strongly feels that the reduction in the number of applications will help Canada to pick up good talents from the foreign countries.

The legislation would have become a law in a couple of days, the immigrant lawyers have decided to move the courts.

These lawyers have started a campaign which is aimed at reversing the announcement an allowing the processing of all the applications submitted before February of 2008.

As of now, the implementation of the legislation has come to halt for another three months as per a negotiation between the Federal Government and the Lawyers. Meanwhile, they are getting prepared to file a lawsuit.

During this period the Immigration Department would not be able to refund or refuse the old applications in spite of the Bill being passed.

Alexis Pavlich, Kenney’s spokeswoman said, the government looks forward to Bill C-38 coming into force as scheduled and there are no plans to change the timeline.” She meant the timeline of refunds and elimination of the backlog.

Even in the past the nation has seen such moves getting defeated. In 2003, in a similar suit Ottawa had to agree to process the visas.

Lawyers even consider this legislation “ill advised”.

In spite of filing a suit lawyers realize that this time the case is little different as the implementation is done through amending the laws.

They also discourage this move of the government by saying that the government should have acted four years back when these applicants had first approached for their visas. Now it is a complete wastage of time and resources. Layers strongly believe that these immigrants should treat with dignity.

http://www.canadaupdates.com/content/lawyers-plan-lawsuit-against-application-refusals-18368.html
 

hopefulever

Hero Member
Feb 11, 2012
327
2
Category........
Visa Office......
NDLS
NOC Code......
4131
Job Offer........
Pre-Assessed..
App. Filed.......
10-07-2004
Doc's Request.
Nov 2008
When the refunds from cic to scrapped backlogged applications is going to start?
 

noman

Hero Member
Jun 13, 2010
614
11
Visa Office......
London
NOC Code......
1111 and 0111
Job Offer........
Pre-Assessed..
App. Filed.......
Aug 2004
Doc's Request.
08/07/2011
AOR Received.
sep 2004
File Transfer...
30-06-2010
Dear backloggers,

There is still hope for us, as a May 2004 applicant got his medical 2 days before......
so it's a great....refreshing news for all of us.
 

nom018

Star Member
May 22, 2010
99
2
A blessed day to all of us, especially to me!

It's been a month that I can't access my ECAS and I'm so worried but hey guess what? I received an email a while ago from CEM, and the best part of the letter is "We are pleased to inform you that your visa(s) for permanent residence to Canada is/are ready to be issued, ..."

After almost 8 years, the waiting is over. Yahoo!

God is good all the time! :)

***I am one of those 20K pre Feb. 2008 applicants wherein a selection criteria was already made.