Federal Skilled Worker Class Action Lawsuit

[Lolesky]

My FSW application was returned yesterday, saying that it was not complete because I did not submit ECA report. I find it so unbelievable because I did submit it, even when I open the returned package, it was right there. The documents were arranged so there is no way they could not find it. Does anyone have idea what I should do? I have tried to file an enquiry in cic website. Also I tried to call them but there is no option like this from this number 1-888-242-2100 and it needs application number which I do not have. Please give me some suggestion. I can not afford being rejected this way..

Self-confident, this is rather unfortunate, you need to take it up with them. But my question is your credit card charged for the processing? If you are charged then you have a case.
Lolesky

 

[managersonline]

Self-confident, this is rather unfortunate, you need to take it up with them. But my question is your credit card charged for the processing? If you are charged then you have a case.
Lolesky

I think that you are right, if this is the scenario he has valid case to pursue further.

 

[Soroosh]

Hi
I have 2 questions, please let me know if I should not be asking them here.

1. if I apply for Canada residency(Federal or Quebec) through skilled worker program from outside Canada, will I still be eligible to get a student visa before I get my residency or not ?!
2. Can I apply through Quebec and Federal programs simultaneously ?!

 

[managersonline]

Hi
I have 2 questions, please let me know if I should not be asking them here.

1. if I apply for Canada residency(Federal or Quebec) through skilled worker program from outside Canada, will I still be eligible to get a student visa before I get my residency or not ?!
2. Can I apply through Quebec and Federal programs simultaneously ?!

Yes you can apply for as many programs as you would like as far as a decision is not made about your skilled worker application. Therefore there is no harm in applying.

 

[drajpoot]

NOC-2243
Application received date- 17 September 2014 , received by D.Macneil
Mode of Payment- DD(As per bank it was not encashed till first week of February)
ECAS status - Not active

Sent email to CIC on 22 December 2014, But did not get any reply.

Please help me to know where is my application

 

[drajpoot]

Kindly Attention Please

NOC :2243 Application Recieved date- 17/09/2014 Application returned-20th November 2014 Application received in India 14/02/2015

I got my application back the reason they mentioned that Application does not meet the requirements of a complete application pursuant to Regulation(R)10 of IPRA.
All supporting documentation provided regarding this work experience history was taken in to consideration. The employment letters from CompanyXXX and YYYY do not provide sufficient evidence that you performed a substantial number of the main duties of the occupation as set out in the occupation description of the NOC including all of essential duties

Last year FSW2013, fees was charged got NER because I scored 61/100 (11 points were assigned for my 3 years work experience which I have with Company YYYY)

You were assigned 11 points for your 3 years of full time work experience or the equivalent in part time work within the 10 years prior to the date your application was made in accordance with R80 of IRPA. Points were assigned based on work experience with Company YYYY from 01 October 2010 to Present date.

I am still working with same company and I supposed to get 13 points for 4 years work experience.
I have sent same supporting documents for my work experience for same NOC last year and that time the experience was considered that is why I have re-applied again

Please senior help me I want to appeal for my case. As if the last year all my supporting documents were enough to satisfy the duties of NOC 2243 and they assigned 11 points for 3 years work experience how it can be possible that this year same documents are not able to satisfy the officer.
Same documents satisfies the officer for NOC 2243- CIC takes the fees and Next year same documents fails to satisfy the officer.

 

[Bhupinder_singh]

hello Seniors,

I had applied under FSW category in June 2014 & received my file number in OCT 2014. After i had applied, i realized that the Place of Birth is incorrect in my younger sons passport. However, i got the old passport cancelled & got a new passport of my son with the required corrections. I had send the documents to CHC, delhi informing them about the updation/changes after i had received my File number. My second line was updated long time back & it shows that my file processing was started on 03rd DEC 2014. The documents that i had sent to Delhi CHC was delivered on 24th DEC 2014. But till now i have not received my MR Sad
Could you please tell me why there is so much of delay & why and what is taking so long in processing i hope the corrections that i have done in the place of birth will not cause any problem in the processing.

Thanks in advance.

 

[sharanjit1986]

Just now checked ecas it shows:


MY SYSTEM UPDATED AS FOLLOWS. Sad

1.We received your application for permanent residence on August 20, 2014.

2.We started processing your application on February 12, 2015.

3. A decision has been made on your application. The office will contact you concerning this decision.

App date- 20.08.2014
cc date- 20.11.2014
PER date 31.12.2014


IS THIS A REJECTION....



AS IN THEIR LEGENDS IT IS WRITTEN LIKE:

DECISION
MADE

(A decision has been made at this point.)

Medical Results Received by CIC
We have received your medical results. We will contact you only if additional tests are needed.

Approval Status Determined
Your application will be either approved or rejected. We will inform you of the decision in writing.

Permanent Residence Status Determined
If your application is approved, we will send you your permanent resident documentation and a letter saying what we need to finalize your permanent residence.

 

[ritzy05]

Hi Do any 1 have an idea .. i have received this email from WES :

will CIC cancle my application or i still have a chance ??

CIC has informed WES that they cannot verify your ECA report. This is due to the incorrect application choice as the WES FSWP customized application was not selected.

In order for Citizenship and Immigration Canada to process your immigration application, they will need to verify your ECA report using WES's online service. To allow CIC access to your ECA report, you will need to order a duplicate report at https://www.wes.org/ca/apply/xcopycic.asp?

Best regards,
WES Customer Service

 

[PMM]

Hi

SOURCE:
http://www.cicnews.com/2012/07/case-federal-skilled-worker-backlog-reduction-071663.html

BRIEF SUMMARY FROM ARTICLE ABOVE:
Recent changes to Canada's immigration legislation have called for the closure of Federal Skilled Worker (FSW) files submitted before February 28, 2008. Many who applied before this date have been confused and upset by this decision, and want to know what they can do to fight it.

If you submitted an application to the FSW program before February 28, 2008, and a selection decision on your application was not made by March 29, 2012, you can add your name to the list of applicants challenging the government's decision. Attorney David Cohen is acting as co-counsel in the effort to prevent Citizenship and Immigration Canada from terminating pre-February 2008 applications. He is currently representing approximately 200 applicants.

The more applicants who are willing to take a stand against the decision, the stronger message they will send to the Canadian government in court. You can take a stand now by clicking the link below and by paying a one-time deposit of USD $500:

CLICK BELOW TO CHALLENGE THE GOVERNMENT'S DECISION
https://www.canadavisa.com/static/online/classaction/

1. Well the lawsuit is over.. The Federal Court of Appeal ruled that 87.4(1) terminating the Skilled Worker applications is legal. See: http://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/73144/index.do

The Justices answered the following certified questions

IV. Conclusion

[100] I would answer the certified questions as follows:

(a) Does subsection 87.4(1) of the IRPA terminate by operation of law the applications described in that subsection upon its coming into force, and if not, are the applicants entitled to mandamus?

Answer: Subsection 87.4(1) terminated the applications automatically on June 29, 2012. After that date, the Minister had no legal obligation to continue to process the applications. The appellants are not entitled to mandamus.

(b) Does the Canadian Bill of Rights mandate notice and an opportunity to make submissions prior to termination of an application under subsection 87.4(1) of the IRPA?

Answer: No.

(c) Is section 87.4 of the IRPA unconstitutional, being contrary to the rule of law or sections 7 and 15 the Charter?

Answer: No.

[101] I would dismiss all of the appeals.

 

[anik105]

Hi Everybody,
I am applicant of FSW 2014. My NOC is: 4011. Visa Office: Singapore
My Application Status:
Application Received by CIC: 25/07/2015
PER Received : 19/11/2015
AOR Received : 31/12/2015
E-cas Status : No 2nd line updated yet.
We are eagerly waiting for our ending of the dream. Friends please give your suggestions. When I could expect my 2 line updated & MR/RPRF request.

I need some suggestion from you. As I have some family problem to stay in Canada permanently right now due to my parents sickness. Can you please advise me what should I do if I got the VISA? If I will complete my landing and then return back to country is it will hampered my Canada Immigration process?
Is there any minimum requirement that I have to stay in Canada for how long? Or If I would go Canada yearly once than it could be any problem. I mean when I will be able to manage my family problem than we will shifted to Canada permanently after 2 or 3 years. Please give your expert suggestion.

 

[jam2k94]

Just now checked ecas it shows:


MY SYSTEM UPDATED AS FOLLOWS. Sad

1.We received your application for permanent residence on August 20, 2014.

2.We started processing your application on February 12, 2015.

3. A decision has been made on your application. The office will contact you concerning this decision.

App date- 20.08.2014
cc date- 20.11.2014
PER date 31.12.2014


IS THIS A REJECTION....



AS IN THEIR LEGENDS IT IS WRITTEN LIKE:

DECISION
MADE

(A decision has been made at this point.)

Medical Results Received by CIC
We have received your medical results. We will contact you only if additional tests are needed.

Approval Status Determined
Your application will be either approved or rejected. We will inform you of the decision in writing.

Permanent Residence Status Determined
If your application is approved, we will send you your permanent resident documentation and a letter saying what we need to finalize your permanent residence.

A decision made before medicals means that they had rejected the application and you will receive the email shortly from them. Sad to hear this.

 

[Elsum]

Assisting Indian GNM Nurses hat were mass rejected for PR under FSWP. Please call +91 95392 00000 or email info @ imcanvisa.com WITHOUT DELAY


[/quote]
Dear friends,

Those who got rejection and the WES report with three year hospital study and training Please email in this contact... They are trying to help us.... info@imcanvisa.com

 

[warmest]

Hope that all of you get good result of your patience for such a long time.

Regards,George,
Doha,Qatar

Tim Leahy's latest email of 6 February 2015.

Good day,

I have now received DoJ's February 3rd letter to the Federal Court, asking that 160 of the litigants be removed from the group. The only ones they want removed are those whose files have been decided on their merits and two who are business-class applicants. They did not seek to remove those who had also been a part of another litigation group.

Regards,

Tim

 

[warmest]

Tim Leahy's latest email of 6 February 2015.

Good day,

I have now received DoJ's February 3rd letter to the Federal Court, asking that 160 of the litigants be removed from the group. The only ones they want removed are those whose files have been decided on their merits and two who are business-class applicants. They did not seek to remove those who had also been a part of another litigation group.

Regards,

Tim

Tim Leahy's previous email of 22 January 2015.

Good day,

Yesterday, Justice Barnes finally did what he had promised last March to do: He granted leave and set a hearing date in both IMM-1-13, which is for those who joined before the June 2012 ruling in Liang, and in IMM-6828-12, for those who joined after the Liang ruling. In other words, all who placed their trust in me will have the issues of their cases heard on April 21st. (The judge will not be Justice Barnes but who it will be will not be released until after April 7th.)

The order, which is appended below, sets the steps we have to perform before the hearing. We will be able to adduce additional affidavits if we wish and will be able to examine the person(s) whose affidavit(s) they submit. I do not anticipate anything being required from you at this point. However, Rocco and I will discuss the case, and I will let you know if we need anything from you but I doubt that we will..

Thank you for the loyalty you have shown me and for your trust. Despite Justice Barnes' unethical conduct and the Law Society attacks, you have stood by me -- for which I am most grateful.

Best wishes,

Tim Leahy


2015-01-21
Ottawa
Order rendered by The Honourable Mr. Justice Barnes at Ottawa on 21-JAN-2015 granting the application for leave fixing the hearing at a Special Sitting at Toronto on 21-APR-2015 to begin at 09:30 specifying documents to be produced and/or filed as follows: English language; A's further affidavit due 20-Feb-2015; R's further affidavit due 02-Mar-2015; Cross examinations due 13-Mar-2015; A's further memorandum due 23-Mar-2015; R's further memorandum due 02-Apr-2015; Transcript due 02-Apr-2015. Decision filed on 21-JAN-2015 Considered by the Court without personal appearance entered in J. & O. Book, volume 660 page(s) 129 - 131 Copy of the order sent to all parties Transmittal Letters placed on file.

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-1-13
and
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-6828-12