Bill C-38 has passed

[jahangirit]

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob413.asp

Budget 2012 (Economic Action Plan 2012) proposes to eliminate the backlog in the Federal Skilled Worker (FSW) Program by terminating certain applications made prior to February 27, 2008. Applicants whose application would be terminated as a result will have the fees paid to CIC returned to them.


As such, CIC has instructed all its local managers to continue with the processing of all FSW applications, including those made prior to 27 Feb. 2008, until the budget bill is passed and the mentioned proposal comes into effect. Update: Budget Bill is now passed.

http://www.betterlifeimmigration.ca/visitnews.asp




Q4. What does a "decision based on selection criteria" mean?

A "decision based on selection criteria" means that an immigration officer:

has assessed your FSW application against the points grid, and
has made a decision on whether or not you meet the selection criteria of the program.
Currently, the pass mark is 67 points out of a grid worth 100 points. The grid considers the person’s:

ability in English and/or French
education
work experience
age
whether they have a job already arranged in Canada (arranged employment), and
how well they might adapt to living in Canada (which awards points for things like previous work or study in Canada, spouse’s education and relatives in Canada).
<b>If your application is successful, you would move to the next phase (i.e. admissibility). At that point you would be checked against health, security and criminality requirements before being allowed to enter Canada. <b/>

If you do not score at least 67 on the FSW points grid, your application would be refused and CIC would inform you of the decision.


Q1. Why do you propose removing the FSW backlog?

Q4. What does a "decision based on selection criteria" mean?
A "decision based on selection criteria" means that an immigration officer:

has assessed your FSW application against the points grid, and
has made a decision on whether or not you meet the selection criteria of the program.


http://www.cic.gc.ca/english/department/media/notices/notice-qa.asp


=====
Can this happen?

"During question period, Kenney said the government is reviewing the court decision, but added it would be impossible to process the applications without allowing the backlog to grow.

In any case, Bill C38, once passed [now it has been], gives the immigration minister the power to "hit the delete button" on the backlog and eliminate applications against whom a decision has not yet been made, arbitrarily.

"Thursday's decision by Federal Court Justice Donald Rennie said that while the minister has the power to determine which applications are ineligible, he has a responsibility to ensure those that are 'eligible' are indeed 'properly handled'.

The problem is in the connotation of what is 'eligible'? As per CIC & IRPA unless a case successfully 'completes' it's b/ground & security checks it's not 'eligible' for PR. PSDEC-1 only suggests 'provisionally accepted for further processing' based on the correctness of documents submitted [only], and our b/ground checks commence from there. A "decision" to proceed further with any application is the SELDEC-1, if not a "DM" altogether.Does the bill C38 seem unjustifiable to the global masses? --YES. Does it sound a reckless attempt to thwart the backlog to us? --YES. Will it pave way towards many litigations [the Australian way]? --YES. Is is very controversial? --YES, u bet! But, let us be practical guys, the "delete button" is a reality now... How future litigations will affect it [will/can it be reversed], doesn't seem to be possible, at least in the near future.

Qorax

=======


Tories' omnibus budget bill passes Commons

Controversial legislation headed to Senate

By Bruce Cheadle, Canadian Press June 19, 2012


Read more: http://www.vancouversun.com/news/Tories+omnibus+budget+bill+passes+Commons/6804436/story.html#ixzz1ylN7cLpr

==========

http://www.huffingtonpost.ca/2012/06/14/bill-c-38-vote-omnibus-budget-bill-tories_n_1595679.html



Among the other changes proposed in C-38 is the elimination of a backlog of nearly 280,000 applications filed by foreigners before 2008 wanting to become federal skilled workers

http://www.canada.com/health/primer+Harper+government+omnibus+budget+bill/6765412/story.html


The elimination of this old backlog, covering roughly 280,000 FSW applicants, will allow us to focus completely on applications more in tune with today's economic needs.

CIC's website

=====

Hot Debate at the Parliament Session Between NDP Critic Jenny Sims and Minister kenney



http://www.winnipegfreepress.com/canada/critics-take-immigration-minister-to-task-for-application-backlog-159229065.html

Bottom Line:

During question period, Kenney said the government is reviewing the court decision, but added it would be impossible to process the applications without allowing the backlog to grow.

Q4. What does a "decision based on selection criteria" mean?

A "decision based on selection criteria" means that an immigration officer:

<b>has assessed your FSW application against the points grid, and
has made a decision on whether or not you meet the selection criteria of the program.
Currently, the pass mark is 67 points out of a grid worth 100 points. The grid considers the person’s:

ability in English and/or French
education
work experience
age
whether they have a job already arranged in Canada (arranged employment), and
how well they might adapt to living in Canada (which awards points for things like previous work or study in Canada, spouse’s education and relatives in Canada).
<b>If your application is successful, you would move to the next phase (i.e. admissibility). At that point you would be checked against health, security and criminality requirements before being allowed to enter Canada.

If you do not score at least 67 on the FSW points grid, your application would be refused and CIC would inform you of the decision.

 

[noman]

Dear friendz
I'm sep-2004applicant and I got my CAIPS in Mar-2012, according to CAIPS my SELDEC is o and only they have given me 71 points..today I received an email from CHC london and in this email they required updated Scedule-A forms, prove of funds and police report in 30 days..................

Regards

Noman

 

[jotgrewal]

Bill C-38 Tracking in Parliament of Canada

http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Mode=1&billId=5514128&Language=E

 

[jnathan]

noman

seems like an U turn of CIC.
send them asap.

 

[noman]

News Release — Minister Kenney Hits the Reset Button: Sets the Foundation for New, Faster, More Flexible Immigration System


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Calgary, June 28, 2012 — Citizenship, Immigration and Multiculturalism Minister Jason Kenney today announced the latest step in re-designing Canada’s economic immigration system.

Effective July 1st, 2012, Citizenship and Immigration Canada will place a temporary pause on new applications to the Federal Skilled Worker Program (FSWP) and federal Immigrant Investor Program (IIP).

“We have been making lots of changes to our economic immigration system,” said Minister Kenney. “We will take the next six months to do a lot of the heavy lifting to get us closer to a fast and flexible immigration system.”

The pause will allow CIC to make important changes to its economic immigration programs before accepting more applications. This is an important step in moving towards a faster, more flexible immigration system, while immigration levels are at a historic high.

Since the launch of Canada’s Economic Action Plan 2012, Minister Kenney has announced a series of changes to CIC’s economic immigration programs. They include:
•eliminating the backlog of old FSWP applications;
•improving the selection of FSWs;
•creating a new Federal Skilled Trades Program;
•modifying the Canadian Experience Class to help transition successful skilled temporary workers to permanent residence;
•changing business immigration programs to target more active investment in Canadian growth companies and more innovative entrepreneurs; and
•moving towards a new application management system, to develop a pool of skilled workers who arrive in Canada ready to begin employment.

“This temporary pause on new Federal Skilled Worker applications will allow us to set the program on a new course as we intend to launch revised selection criteria soon,” said Minister Kenney. “The pause has no impact on the number of workers Canada admits into the country, as CIC continues to process applications already received. Current immigration remains at historically high levels.”

Application intake is expected to resume in January 2013, when the proposed FSWP regulatory changes – which will be published in the Canada Gazette in the coming months – are expected to come into force.

The Immigration and Refugee Protection Act allows the Minister to issue special instructions to immigration officers to enable the Government of Canada to best attain its immigration goals. Since the 2008 Action Plan for Faster Immigration, four sets of “Ministerial Instructions” have been issued relating to Economic Class applications.

Under this fifth set of Ministerial Instructions, CIC will also introduce a pause on new federal IIP applications. This pause will remain in place until further notice, allowing the Department to make progress on processing its existing inventory.

As Minister Kenney announced earlier in April, CIC will be consulting with provinces, territories and stakeholders on ways to reform the current IIP in order to maximize the economic benefit to Canada. The Department is also consulting on whether to create a new investor program on a short-term basis, to promote growth in the Canadian economy.

The temporary pause on FSWP applications does not apply to candidates with offers of arranged employment or those applying under the PhD eligibility stream. The full set of Ministerial Instructions will be available online in the Canada Gazette tomorrow.

 

[annel]

Very bad news for PRE FEB 2008

 

[hopefulever]

Tell me how this bad news for pre feb applicants. it may be good for them

 

[annel]

hopefuller if you've been following the news you would have noticed the slashing of PRE FEB 2008 files, which is made official now. Don't get confused when CIC is refering to backlog, they actually mean files FEB 28, 2008 to date. I will try and look for the link where i've read it yesterday where they are concentrating on the 110.000 files that are currently in the queue.

 

[annel]

Here's the link http://www.canada.com/business/Feds+putting+freeze+skilled+worker+immigrant+investor+programs/6850692/story.html#ixzz1z4f7ET6x

My apologies, i stated concentrate on the 110 000 in system i meant to say reduce by 110 000.00.

Good luck to they one's that are in the system

 

[emsky1973]

Hi Qorax,

Can you explain what do you mean by " Their e-cas is "in process" doesn't matter". Does it mean the bill C-38 is not applicable if you have that status?

Thanks,
Jem

 

[jevan]

Hi Qorax,

Can you explain what do you mean by " Their e-cas is "in process" doesn't matter". Does it mean the bill C-38 is not applicable if you have that status?

Thanks,
Jem

hi qorax,
same question from my side.explain plz.
Regards
jevan

 

[jevan]

hi qorax,
same question from my side.explain plz.
Regards
jevan

Dear Seniors(Qorax and Noman),
kindly reply.
Jevan

 

[SARA13]

Hi seniors

dos it means that the applicants of 2007 and 2006 will be more affected rather then the applicants before that as their applications ill be more ahead in the que...or it is possible with everyone
thanks