App'n rejected under new rules although initial application was before Feb27

[Shasan]

I applied for immigration under the Federal Skilled Worker Category in early February 2008 before changes were made to the Immigration and Refugee Protection Act. I recieved a reply in March stating that my application was received before February 27th, 2008 (when the new rules came into effect) and that I did not meet the language criteria.

Subsequently, I reapplied in November 2008 with the proper supporting documents to meet the language requirements. I recently received a reply stating that my application was rejected under the new rules and my occupation did not fit into the new criteria.

However, can I make an appeal on the grounds that my initial application was made and received by CIC prior to February 27th, 2008? My application may very well have been accepted under the previous rules.

On the CIC website, it is clearly stated that:

Under changes to the Immigration and Refugee Protection Act, federal skilled worker applications are assessed for eligibility according to the eligibility criteria listed below. Note: This does not apply to applicants intending to live in the province of Quebec.

These criteria affect you only if you applied on or after February 27, 2008. If you applied before February 27, 2008, your application will be processed according to the rules that were in effect at that time.

Hoping to receive a reply soon!

 

[PMM]

Hi

I applied for immigration under the Federal Skilled Worker Category in early February 2008 before changes were made to the Immigration and Refugee Protection Act. I recieved a reply in March stating that my application was received before February 27th, 2008 (when the new rules came into effect) and that I did not meet the language criteria.

Subsequently, I reapplied in November 2008 with the proper supporting documents to meet the language requirements. I recently received a reply stating that my application was rejected under the new rules and my occupation did not fit into the new criteria.

However, can I make an appeal on the grounds that my initial application was made and received by CIC prior to February 27th, 2008? My application may very well have been accepted under the previous rules.

On the CIC website, it is clearly stated that:

Under changes to the Immigration and Refugee Protection Act, federal skilled worker applications are assessed for eligibility according to the eligibility criteria listed below. Note: This does not apply to applicants intending to live in the province of Quebec.

These criteria affect you only if you applied on or after February 27, 2008. If you applied before February 27, 2008, your application will be processed according to the rules that were in effect at that time.

Hoping to receive a reply soon!

Don't hold you breath for a positive reply, as your original application was refused, and you didn't do anything within 30 days. So that application was dead. Then you reapplied after Feb/08 and the application was refused as your occupation was not on the "list"

PMM

 

[juanda78]

I agree with PMM. You reapplied in November and this was an entirely new application, it has nothing to do with your initial rejected application. Too bad you forgot to include the necessary documents the first time.

Regards.