Federal Skilled Worker Class Action Lawsuit

[sac]

farmerofthedell: i made an update of my address, online, close to a month ago. i was not contacted at all for refund purposes. my brother also made an update of his address recently within this week but he was not contacted for refund purposes. it seems that the CIC feels confident that the federal court is not going to certify for a class action suit.

priority 1 for refund are those who proactively contacted the CIC for refund purposes. priority 2 are those who responded to the CIC announcement online on refund and has submitted the refund form to the CIC. those who do nothing on these two actions, I guess, still would be sent with letters regarding refunds. it is now up to us if we respond or not.

farmerofthedell: i wonder if, after you filed your Pre-February 27, 2008 application, you updated your documents without having them being requested from you by the Visa Office Manila? We both went through the simplified application process and therefore did not submit enough documents for us to get assessed properly. And so our CAIPS notes would not contain anything for a visa officer to make a decision.

What is your option now? I want my decision to be guided by your options too. Thank you.

 

[sac]

Sac
I applied in September 2007 Berlin office, under simplified process. Updated my documents in June 2010. My application was assessed against point grid in September 2010
Since then no news from CIC
But you cannot compare these dates with your case because each visa office has its own timeline. What I Noticed is that certain visa office are over crammed with backlog applications . Worst are Newdelhi, Islamabad, Accra, Singapore.
while offices in Europe are a little bit better, there is no guarantee that a certain application will not be returned.

hopeful4: when you updated your documents in June 2010, were they requested from you by your Visa Office? Or you just decided on your own to submit your documents that were still lacking?

Manila visa office has a lot of backlog too! I think around 40 thousand applicants. I am one of those. I ordered my CAIPS notes today. But I am not hoping there would be a lot of information there because I submitted my initial documents through the Simplified Application Process (SAP). I did not submit any IELTS result. I cannot even remember if I submitted my education credentials. And stupid me, I did not even produce xerox copies of the documents I submitted. Which just goes to say I have no option but to re-apply again in 2013. Hay!!!!

 

[hopeful4]

sac the visa office asked for my documents in march 2010 .
Yes off course it is a good idea to re apply in 2013. I Only wish to know when the application will be open ,,,,in Jan or later in 2013?

 

[sac]

sac the visa office asked for my documents in march 2010 .
Yes off course it is a good idea to re apply in 2013. I Only wish to know when the application will be open ,,,,in Jan or later in 2013?

hopeful4: i feel you should rather wait for the outcome of your pending application. if your documents were requested in march 2010, then there is great probability a visa officer has already made a decision on it.

 

[farmerofthedell]

sac: I am not sure why hopeful4 and probably some others in other visa offices got requests for update even if their files were not up for assessment yet, but I am almost certain that they were not assessed because even if the visa officer has time on his/her hands to make an assessment, he/she could not bypass the annual targets ("quotas") set by CIC without specific approval from the Minister. This, I think, is a reason why CIC shouldn't say that it is beyond department control that they cannot reduce the backlog -- the backlog is caused by official department policy set annually. No amount of adding personnel will help once a mission's visa office has reached their quota for a particular program.

I have not submitted any updates as I have not received any request for such. I don't expect to receive one for my 2007 application either, unless Justice Barnes decides to implement the February agreement, or deems s.87.4 illegal. I did receive an email from Tim regarding the CIC fee refunds, but I am opting not to communicate with CIC unless Justice Barnes rules against my case.

 

[hopeful4]

Farmer of the dell I submitted the documents in June 2010 and they were assessed in September 2010 giving me a score of 74 and seldec4. So I Think the return of fees will not apply to my case. This is the opinion of Tim Leahy as well.
The problem is that my file is very delayed. those who applied in September 2007 in Berlin got their landing visa around June 2011 but my spouse and I Lived in several countries and this is probably why it took too much in background check.
Anyhow you can never be sure with CIC and it is possible that in a couple of weeks I will get a refund letter instead of the MR which I am very much anticipating!

 

[farmerofthedell]

hopeful4: If your processing will continue, then you are probably in the same boat as Tim's representative case, who has already gotten his visa. The quota for Vienna VO FSW was very low in 2011 though -- only 90 vs. this year's 600, so hopefully you can still get your MR as you are apparently not the cause of delay.

 

[hopeful4]

How I hate weekend because it does not have any new update!! I wish I can see into future what will happen to our case and when . Waiting is killing me ???

 

[sac]

sac: I am not sure why hopeful4 and probably some others in other visa offices got requests for update even if their files were not up for assessment yet, but I am almost certain that they were not assessed because even if the visa officer has time on his/her hands to make an assessment, he/she could not bypass the annual targets ("quotas") set by CIC without specific approval from the Minister. This, I think, is a reason why CIC shouldn't say that it is beyond department control that they cannot reduce the backlog -- the backlog is caused by official department policy set annually. No amount of adding personnel will help once a mission's visa office has reached their quota for a particular program.

I have not submitted any updates as I have not received any request for such. I don't expect to receive one for my 2007 application either, unless Justice Barnes decides to implement the February agreement, or deems s.87.4 illegal. I did receive an email from Tim regarding the CIC fee refunds, but I am opting not to communicate with CIC unless Justice Barnes rules against my case.

farmeroofthedell: are you still going to submit new application by next year? i am planning to do so as there are no other option I can think of that provides me with some more hope for my Canadian dream.

 

[sac]

I have not submitted any updates as I have not received any request for such. I don't expect to receive one for my 2007 application either, unless Justice Barnes decides to implement the February agreement, or deems s.87.4 illegal. I did receive an email from Tim regarding the CIC fee refunds, but I am opting not to communicate with CIC unless Justice Barnes rules against my case.

farmerofthedell: if you have not submitted any updates of your documents as you have not received any request by VO Manila for such, then it follows that your file, too, were not assessed before March 2012? That means, no action was taken by a visa officer on your file? Therefore, your file now is deemed close? If this is the situation of your case, then I could compare myself with you. We are on the same boat.

If you decide to apply on 2013, I shall be asking help from you regarding the assembly of my documents and requirements, for submission to the CIO.

 

[farmerofthedell]

sac: No, no updates at all. We're definitely in the same boat. We'll have to wait for the final FSW guidelines though, and you'll probably submit earlier because of your Canadian degree. I'm still hoping, though, that Justice Barnes can provide a final decision on the Leahy cases before the end of the year, so cases under that litigation "may be guided by" the decision.

 

[annel]

Please let us know ASAP when someone receives a letter from CIC regarding refund, or the system being updated

 

[hopefulever]

What will ecas status shows when Cheque is released by cic? will it still IN PROCESS or else

 

[annel]

It should be something about file being closed and refund due to backlog legislation. ???

 

[hopeful4]

I think it will show case finalized as CIC will clos the file