Federal Skilled Worker Class Action Lawsuit

[jigs_india]

Is there any chance left for tim post june litigants?

Hi.. Dear Hopefulever,

Good to hear that you have received your refund back....

One thing...you asking about tim's post June's litigants ???

Sir...even pre June's are stuck...waiting for their refunds..like me ...we are all in the same vessel ;D ;D ;D...pre june's, post june, pre febs, post febs, not yet assessed....everybody, atleast you guyies are smart...not went into any litigation....but we have also been fooled even by the their lawyers

 

[Forever Victory]

Wow I am glad to hear. I hope you are still following this thread I would like to know what year you originally applied to FSW program. I started in Nov 2007.

I applied in September 2005.

 

[hopefulever]

We have to wait till 28th of may for court directions to cic. If all is in favour then at the most Tim pre june litigants can get relief if judge turns sympethiser, post june litigants of tim can face similar results as of other cases and can go upto supreme court of canada.At this mpment these are the likely results which may or may not come true.

 

[st-cnncomes]

We have to wait till 28th of may for court directions to cic. If all is in favour then at the most Tim pre june litigants can get relief if judge turns sympethiser, post june litigants of tim can face similar results as of other cases and can go upto supreme court of canada.At this mpment these are the likely results which may or may not come true.

Is judgement day on the 28th of Feb, 28th of May or 28th of June 2014, What is the date ????????????????? How long is thing nightmare gonna last ?

 

[anthello]

I applied in September 2005.

I got mine just yesterday after waiting about the same 7 months to get the refund. I am glad however. But like you I can note that is considerably less than what I paid. I am in the process of looking back to what they said that they will return the money at the same exchange rate. Back then when I paid them their dollar was above the US dollar. Now I have received an amount that is less.

Back then (Nov 19 2007) CAD$2080 (Applied for myself and my wife) = US$2114.19 (Source xe.com historical rates)

Date of Issuance Feb 02 2017 CAD$2080 = US$1868.33

Re: http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-12.asp

Q4...
The cheque will be issued in the appropriate currency known to be cashable in your country of residence. The final amount will be based on the exchange rate on the date of cheque issuance.

That would explain the lesser amount in my case and probably your case. It would probably work in someone's favor if on the date of cheque issuance the exchange rate was higher that when you paid into the scheme.

 

[zardoz]

Of course, you have lost about 10% due to inflation.... You should have been repaid at least CAD 2300...

 

[solomonokene]

I received an e-mail from CIC that my FSW Refund has been sent to me. I was told to wait for two months on cheque delivery since they (CIC) can not determine how long it will take for the mail to be delivered by Country by Clountry.

I have actually applied for my Refund since October, 2012. I repeated the request September, 2013. I was not part of the Litigation. I just want to confirm this. What is the Currency of Payment from CIC in terms of the Cheque? Is it in USD/CAD or Local Currency of the Applicant?

I will appreciate response if you have an idea of the Currency.

Kind Regards!

solomonokene

 

[chem_miss]

I received an e-mail from CIC that my FSW Refund has been sent to me. I was told to wait for two months on cheque delivery since they (CIC) can not determine how long it will take for the mail to be delivered by Country by Clountry.

I have actually applied for my Refund since October, 2012. I repeated the request September, 2013. I was not part of the Litigation. I just want to confirm this. What is the Currency of Payment from CIC in terms of the Cheque? Is it in USD/CAD or Local Currency of the Applicant?

I will appreciate response if you have an idea of the Currency.

Kind Regards!

solomonokene

Hi! The cheque is in Canadian dollar as mentioned by Forever Victory in his post

Hello Everyone,

Finally after more than 7 months of waiting for my refund I finally got it. Total refund is only $ 493.32. They deducted $ 56.68 from my original $ 550. I do not know what the deduction is but I no longer mind, at last I got a part of my money back.

Hope everything is doing fine with everyone.

 

[Forever Victory]

Hi Everyone,

Sorry for the confusion, I received the cheque in US Dollars because I authorized my Aunt in New York to receive the cheque refund on my behalf.

 

[desi_jatt]

becoz loonie went down, may be thats why cheque was less.
$550 canadian = $495 us.

 

[delhi]

Any update from Tim regarding court's order for granting leave on 28 Feb?

 

[Imam Gomaa]

Dear All,
This is the message I received from the office in Sydney, NS:

This refers to your application for permanent residence in Canada as a Federal Skilled Worker. I have now completed the assessment of your application and have determined that you are not eligible for processing in this category for the following reason(s):

The Minister of Citizenship and Immigration issued Instructions which were published in the Canada Gazette on May 4, 2013. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker class.

The type of work permit you hold does not meet the requirements of Regulation 82(2)a or the exemption requirements of Regulation 82(2)b of the Immigration and Refugee Protection Act (IRPA). You are working in Canada in a job that is exempt from a Labor Market Opinion, but not under an international or federal-provincial agreement.

Since you did not provide evidence that you have work experience in the listed occupations, or, evidence that you are a candidate under the Ph. D stream, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

Note: Any reference to work experience in a NOC code other than those identified by the Minister of Citizenship and Immigration and published in the Canada Gazette on May 4, 2013 is not assessed for eligibility under Ministerial Instructions.

Your application, therefore, does not meet the requirements of the Ministerial Instructions. (End Quote).

I have my work permit valid till May 2016 and I am a clergy and I have full time offer job. On my work permit the description of my Job is like this: Professional Religious Worker 4154. I also provided work experience for 12 years and my MA assessment and my Language score.
If someone can help! I am getting mad.
Thanks in advance.

 

[scylla]

Was your work permit issued based on an approved Labour Market Opinion? Or was your work permit issued without a Labour Market Opinion. If your work permit was issued without a Labour Market Opinion then you don't qualify to apply for FSW under the arranged employment stream.

See the requirements here:

http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp?expand=arranged#arranged

To qualify for FSW based on having a job in Canada, your work permit must have been issued based on an LMO.

 

[Imam Gomaa]

Dear Scylla
I have work permit but we are exempted from LMO because we religious workers. I called the CIC many times and they recommended me to write to the immigration office in Sydney coz they do not have anything to with it. Also, being a clergy, our profession is listed in the NOC matrix under Professional social and community workers (level A).
I contacted the CIC again yesterday and I have been told that as a religious worker I am exempted from getting the LMO if I will work temporarily in Canada not applying for the PR.
In the meanwhile I have a valid full time permanent job offer not seasonal.
My question is that: how it comes that we are exempted from LMO while they ask us to get in order to apply for PR?
Can I apply in the CEC program? Will they send my rejected application or not?
Can I ask them to change my application to be proceed through CEC?
Thanks dear friends

 

[scylla]

Based on the information you have provided, you definitely do not qualify to apply for PR through the FSW program and your application was correctly refused by CIC.

No - you can't ask CIC to change your FSW application to CEC.

If you want to apply for CEC then you will have to submit a branch new application. Note that you must have at least one year of full time experience in Canada before you can apply for CEC.