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Federal Skilled Worker Class Action Lawsuit

warmest

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Oct 11, 2012
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noon said:
To all friends of this forum,

My application's 100 month completion is being celebrated at venue http://www.canadavisa.com/canada-immigration-discussion-board/my-fsw-application-turns-8-year-old-today-t113056.0.html

I cordially invite everybody here to join the 'celebration'.

Thankyou
It reflects the sorry state of Canadian affairs. Be assured that we forum members are with you in this moment of grief ('celebration', as you put it). Please accept my condolences. :(

Let us all hope that the court instructs CIC to process the warehoused applications on priority basis and compensate monetarily for the damages caused.
 

warmest

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Oct 11, 2012
494
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Mumbai
Category........
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Submitted along with application
AOR Received.
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Submitted in Jul 2005
Hi noon,

Are you a part of any litigation? If yes, can you please give details of when you joined the litigation and with which lawyer?
 

wounderful

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Oct 18, 2012
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noon said:
To all friends of this forum,

My application's 100 month completion is being celebrated at venue http://www.canadavisa.com/canada-immigration-discussion-board/my-fsw-application-turns-8-year-old-today-t113056.0.html

I cordially invite everybody here to join the 'celebration'.

Thankyou
If other members do not mind, today is your day in this forum. So let us share your sarrow, greif, what you lost, and gain during this 100 month of waiting.
 

wounderful

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Oct 18, 2012
322
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Pakistan
Category........
Visa Office......
Islamabad - London
NOC Code......
3111
Job Offer........
Pre-Assessed..
App. Filed.......
26-06-2005
AOR Received.
17-07-2005
IELTS Request
original sent with application
File Transfer...
30-09-2010
I am completing my 88th month (July 2005 applicnat).
 

wounderful

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Oct 18, 2012
322
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Pakistan
Category........
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AOR Received.
17-07-2005
IELTS Request
original sent with application
File Transfer...
30-09-2010
sorry for the spelling as i am depending of auto spell check and do not look at it. please read sorrow, grief
 

relsierk

Newbie
Feb 16, 2012
4
0
Sorry, new here, would like to ask what is meant by 'a selection criteria was made' in this pre-2008 ruling? Is this the stage where the high commission 1) sent you a letter requesting for more documents (IELTS, police certs, education certificates, etc); or 2)request for a medical check-up/interview; or 3)confirmation that a decision was made (final approval).

I'm quite confused from the description provided in the OB442. Also, I read from a member, SG57 (from page 28), it seems 'a selection criteria was made' falls under them sending you a letter requesting for more documents, as suggested in his email message.



On 30th May 2012 I received a request for update of forms and police clearence certificates for self and dependants which I have sent them within 60days.

Dear Sir/Madam,

This is in response to your query of 01 October, 2012.

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications made before February 27, 2008 were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.

Upon review of your application, it appears that a selection decision was not made before March 29, 2012, and that your application has been terminated by operation of law. No further action should be taken on your part. You will be contacted regarding next steps at a later date.

For more information on the Jobs, Growth and Long-term Prosperity Act please refer to the Citizenship and Immigration website at:

The medical papers were sent to you on 04 October 2012. Please do not go ahead with your medical examinations, or collect police certificates.


I sent them another mail asking for clarifications:

They confirmed their decision that my eligibility was determined only on 30th May 2012 so my application was terminated.


Please enlighten me. Thank you in advance for your explanation.
 

warmest

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Submitted in Jul 2005
tuyen said:
I'm very well respected by those who know me. [Is it? Are you sure?] But really, I expect absolutely nothing when I come to a web forum because nobody here knows me [True] so they have no reason to respect me [You have a fair expectation.]. And I definitely don't expect to make friends [Even if you wish it is for others to decide whether they want to be your friend.] or to be well-regarded [ :-X] by people who have a completely opposing viewpoint to my own. As for my language, I feel I've been perfectly appropriate in my replies [It is for others to say.]. When somebody writes a completely incoherent response to me, and they can't even take two seconds to properly [Don't you think they are mischievous because they are doing it repeatedly?] spell my screen name [Sounds Vietnamese, by any chance did you or your parents go to Canada as a refugee because of the Vietnam war?], then I don't see anything wrong [Because your arrogance is stopping you from seeing the reality.] with saying that they're babbling.
 

noon

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Mar 9, 2012
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november 2006
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Interview........
I think it is waived
Hi relsierk,

Before feb 2008 the procedure of immigration to Canada was to submit an application first and then wait until they ask for updation of that application. you submitted an application and waited for your turn when a visa officer was ready to review your file. On May 30 your application came out of the queue and you were requested to submit PCC,proof of fund ,notarised copies of certificates,IELTS etc etc. After reviewing these documents send by you, visa officers continue processing and selection decision is taken. ie, points are calculated and if you have 67 points or more you pass seldec. then comes medical decision or meddec . for this you should undergo medical checkup and send report to visa office.
The controversial act suggests that those applications which do not reach a seldec stage before march 29 2012 will be returned to applicants without processing .It also has a provision those applications where seldec is reached after march 29 2012 final decision should also be taken within next 2 months.
There are about 280000 applicants being terminated under this "law"
2 or more separate litigations are going in court against this unfair law. Let us hope justice will prevail.
 

noon

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Mar 9, 2012
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11-10-2008
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AOR Received.
28-07-2004
IELTS Request
november 2006
File Transfer...
NA
Interview........
I think it is waived
Here are some world famous quotes that reminds me about my application.



"We're looking at all options for dealing with these backlogs... It's not fair to [applicants] and it's not fair to our economy,"

The backlog of immigration applications is hurting Canada's reputation as a top immigration destination for skilled migrants. In some cases people are choosing Australia as an alternative immigration destination.

Critics say that while the government talks about alleviating the backlog, they are also continuing to accept large numbers of new Canadian immigration applications, so exacerbating the problem.

The people who suffer the longest waiting times include parents and grandparents of permanent residents and immigrants who applied before the changes introduced in 2008.

Moreover, people who apply as skilled workers and have experience in a prioritized job sector are fast tracked and have their applications approved within months.

Pre 2008 applicants are now focused by Canadian Government and their processing is speedier than ever.

CIC will build on this momentum to continue reducing the backlog through the third set of Ministerial Instructions, issued June 25, 2011, with a view to eliminating the pre-2008 FSW backlog as soon as possible.

"We have an obligation to several hundred thousand people in that backlog. We cannot just shut the door on them either. So we have to work away at all these problems at the same time."

"I think immigration is about nation-building,"

we are launching a pilot project that will allow provinces and territories to ‘mine the backlog' – in other words, to nominate applicants from the existing backlog.”

It would mean giving employers direct access to the backlog database so, for example, hospitals in Manitoba can find foreign doctors and nurses who've said they'd like to settle in the region

***********************************************************************************

"We owe it to newcomers to do that. So we haven't made any decisions, we're still consulting, we're looking at all the options, but I do think that we can't continue to tell people that they're going to wait for eight years for a decision on whether they can come to Canada,"

“Having to process applications that are as many as eight years out of date reduces our ability to focus on new applicants with skills and talents that our economy needs today.”

“The Federal Skilled Worker Program backlog is a major roadblock to Canada's ability to respond to rapidly changing labour market needs,”

“At this point, we're looking at all options for dealing with these backlogs and coming up with a faster, more responsive system. We owe it to newcomers to do that,”

“We've been trying to basically keep juggling the system, to keep drawing down on the backlog but allowing some of the better prepared people with jobs to come in and it's still not working,”

“We have to get to a fast system that connects employers with immigrants by bringing them in in a matter of months. We won't get to that fast system unless and until we deal decisively with the old backlog that we inherited and that's why we're taking this difficult but necessary step,”

“Instead of wasting time and energy processing old applications, their resources can now be put towards actively matching all applicants to current jobs and economic needs,”

“This legislation has been closely examined by the Department of Justice and we believe it's lawful, it's fair and it will survive any judicial challenge.”
 

relsierk

Newbie
Feb 16, 2012
4
0
Thanks noon, for the explanation, however the example was actually SG57's case. However, to provide a summary on my side, I applied using the simplified process on August 2007, received AoR on September 2007.

Early this year, I received a letter dated January 25, 2012 issued by the immigration department requesting that I submit all the necessary documents (updated info, education certs, IELTS scores, police reports, children's info, etc.). All of these were done and submitted on March 23, six days before the controversial law came into effect.

My question is where does this put me? Am I affected by the pre-2008 ruling? The reason I am curious about this is because in SG57's example, he was contacted for the submission of documents on May 30, 2012 and was later informed he was terminated because a decision was only made on May 30, 2012 (which is 2 months after the law came into affect). Mine was January 25, so just wondering.

Thanks once again.

noon said:
Hi relsierk,

Before feb 2008 the procedure of immigration to Canada was to submit an application first and then wait until they ask for updation of that application. you submitted an application and waited for your turn when a visa officer was ready to review your file. On May 30 your application came out of the queue and you were requested to submit PCC,proof of fund ,notarised copies of certificates,IELTS etc etc. After reviewing these documents send by you, visa officers continue processing and selection decision is taken. ie, points are calculated and if you have 67 points or more you pass seldec. then comes medical decision or meddec . for this you should undergo medical checkup and send report to visa office.
The controversial act suggests that those applications which do not reach a seldec stage before march 29 2012 will be returned to applicants without processing .It also has a provision those applications where seldec is reached after march 29 2012 final decision should also be taken within next 2 months.
There are about 280000 applicants being terminated under this "law"
2 or more separate litigations are going in court against this unfair law. Let us hope justice will prevail.
 

noon

Hero Member
Mar 9, 2012
226
5
Category........
Visa Office......
New Delhi
NOC Code......
3113
Job Offer........
Pre-Assessed..
App. Filed.......
28-07-2004
Doc's Request.
11-10-2008
Nomination.....
NA
AOR Received.
28-07-2004
IELTS Request
november 2006
File Transfer...
NA
Interview........
I think it is waived
Hi relsierk,

Sometimes ordering CAIPS note can be helpful to know whether seldec code is enetered into your application

How to order caips notes http://www.canadavisa.com/canada-immigration-discussion-board/-t72568.0.html
 

kau_shik_patel

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Nov 10, 2012
315
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SASKATCHEWAN - NDVO
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2281/2282
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Pre-Assessed..
App. Filed.......
24-09-2015
Doc's Request.
13-04-2016
Nomination.....
25-04-2016
AOR Received.
20-07-2016
IELTS Request
Already Submitted
File Transfer...
19-08-2016
Med's Request
16-12-2016
Med's Done....
28-12-2016
Interview........
00-00-2017
Passport Req..
14-03-2017
VISA ISSUED...
00-00-2017
LANDED..........
00-00-2017
CHC Newdelhi even don't give this kind of reply what has happen to your case. you are lucky that chc london has told you about it & chc newdelhi is keeping indian applicant in dark.
 

kau_shik_patel

Hero Member
Nov 10, 2012
315
30
Category........
Visa Office......
SASKATCHEWAN - NDVO
NOC Code......
2281/2282
Job Offer........
Pre-Assessed..
App. Filed.......
24-09-2015
Doc's Request.
13-04-2016
Nomination.....
25-04-2016
AOR Received.
20-07-2016
IELTS Request
Already Submitted
File Transfer...
19-08-2016
Med's Request
16-12-2016
Med's Done....
28-12-2016
Interview........
00-00-2017
Passport Req..
14-03-2017
VISA ISSUED...
00-00-2017
LANDED..........
00-00-2017
to all those who have updated thier documents in late 2008 & early 2009. its seem dark in CHC new delhi
 

hopeful4

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Sep 2, 2012
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vienna
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4012
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28-9-2007
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10-3-2010
AOR Received.
18-1-2008
IELTS Request
10-3-2010
File Transfer...
17-5-2012
Med's Request
18-3-2013
Med's Done....
21-3-2013
Passport Req..
16-4-2013
VISA ISSUED...
26-4-2013
LANDED..........
June-July 2013
Warmest I Like your posts alot ,,,you are well informed and the info you bring is always unique . Thanks alot