forum for not under 38 list applied in 27/2/08 to 30-11.08

[syedrahman1980]

i am also waiting reply from the members.

Good luck.


SYED

 

[SASIF]

Hello all.
I applied to the CIC islamabad on 16 sept 2008. Got a letter in october2008 acknowledging the application. In nov. minsterial instructions came but I came to know about it in Dec.My NOC was not in the famous 38 occupation list. Through case specific inquiry facility I asked CIC if I could change my NOC code. They replied that Yes I could. Then I found some duties vaguly fitting my job description and I sent an e-mail requesting change of NOC. This was done on 27 Jan. On 25 May I got a letter qsking me to submit my documents in 120 days. These days I am busy in gathering documents.
Hope this might be helpful to you all.
By the way in my desperation I tried to consult some lawers but they all said that I NOC did not fit my job description. I think that if the NOC is studied really well almost every one can find the way to fit their jobs roughly in one of the 38 descriptions.

 

[mcgyver]

Hi SASIF,

You've an interesting point. They responded to your query saying that it would be possible to change one's NOC. I also received a similar response..." if there is anything that you think may change the eligibility of your case, please send the information to CIO since we have already forwarded your file to them.."

So, the difference between your case and mine is that mine was already forwarded to CIO by the time I contacted my original visa office (Singapore) whereas yours was still at the original visa office when you were thinking about updating your case with a new NOC.

Regards,
mcgyver

 

[malli]

WHEN THEY WILL UPDATE THE STATUS

 

[Naavy100]

Hello guys!

I applied to New Delhi CHC on 16 april 2008 under NOC-0122 (Banking and other investment managers) ..My file ws transfered to CIO-NS on march 3 .....my ecas is 'Application Recived'.Accoerding to this site .

Applicants with experience in the following occupations may also be considered under this NOC depending on the specifics of the main duties performed For Financial Manager Category NOC-0111
Banking, Credit and Other Investment Managers (0122)
Managers of accounting and auditing firms (in 0123 Other Business Services Managers)
Senior Managers - Financial, Communications and Other Business Services (0013)

I have also sent a letter to delhi CHC that i am also eligible to be considered as Financial Manager -0111

SO,what action is going to be taken on my file
Any Guess !!....

 

[syedrahman1980]

Dear friends
Have you seen the link below, which is provided by our dear friend mcgyver.

http://www.immigration.ca/permres-independent-newpass.asp

This is a news of April 2004 regarding immigration in canada, who applied before 01 Jan 2002.

Please read it and share your comments.


Good luck.


SYED

 

[mcgyver]

Thanks, syedrahman1980.

The topic is "News for People Trapped between February-27-08 and November-30-08"

There, a link to something quite interesting is: www (dot) immigration (dot) ca/permres-independent-newpass.asp

On the topic, I put something interesting about how CIC dealt with such incidents in past. Several years back, there were similar situations where because of challenges made by applicants, the court ruled in favour of those who were being retroactively rejected by some newly created laws. Details can be found if you visit my topic.

Thanks.

 

[mcgyver]

Oh, never mind! I am pasting the contents from that link here so that everyone can conveniently have a look. Please carefully go over this especially the lines I am highlighting in green.



April 2004

On December 1, 2003 the Federal government promulgated into force transition regulations (the “Transition Regulations”) permitting economic class applicants (skilled workers and business immigrants) who filed their applications for permanent residence BEFORE January 1, 2002, to be assessed under the selection criteria of both the previous Immigration Regulations, 1978 and the current Immigration and Refugee Protection Regulations. The affected group of applicants is referred to as the Transitional Federal Skilled Worker Class and the Transitional Federal Business Classes.

The transition regulations introduces authority and procedure for cases to be assessed under whichever Act appears most favourable to a pending applicant and then, if unsuccessful, under the remaining Act. This is referred to as Dual-Assessment under the Transition Regulations.

As well, certain applicants who withdrew their applications or were previously refused will be eligible to submit new applications before 1 January 2005 and request dual assessment without the need to pay any additional processing fees.

On September 18, 2003, the Government of Canada introduced a pass mark of 67 points governing the assessment of new skilled worker applications filed under the Economic Class.

Initially when the new Immigration and Refugee Protection Act was implemented in June 2002, the Canadian government planned to implement new selection criteria, under a retroactive mechanism with the objective of refusing a growing backlog of many thousands of pending cases (the “backlog cases”). The new immigration rules were intended to systematically refuse up to 125,000 backlog applications filed under the former immigration selection rules.

In February 2003, the Federal Court ruled in the case of (Laurentiu Dragan v. Minister of Citizenship and Immigration, 2003 FCT 211), ordering the Canadian immigration authorities to assess 102 backlog cases under the old immigration rules before March 31, 2003. Most of the 102 applicants affected by the Dragan ruling have been approved. The ruling in the Dragan decision specifically found that the manner in which the new immigration rules were being introduced, to the prejudice of backlog cases, was improper.

Beginning in March 2003 and throughout 2003 numerous claims were filed on behalf of affected applicants, (including clients of immigration.ca) whose pending applications filed before January 1, 2002 were likely to be refused under the new immigration rules, demanding the Canadian immigration authorities to assess the backlog applications under more equitable selection criteria and eliminate retroactivity.

On June 20 2003, a Federal Court judge imposed an injunction preventing the immigration authorities from refusing any pending application which was filed prior to January 1, 2002.

On September 18, 2003 the Minister of Citizenship and Immigration introduced new measures for assessing economic class applicants as well as transitional measures for the assessment and processing of pending applications in the Economic Class, filed before January 1, 2002.

On December 1, 2003 the final version of the Transition Regulations were promulgated into force.

WHAT DOES THIS MEAN?

1. Pursuant to the Transition Regulations of December 2003, the retroactive application of the Immigration and Refugee Protection Regulations has been abolished.

2. The injunction imposed in June 2003 preventing CIC from refusing applications filed before January 1, 2002 remains in full force and effect until a court order removes this judicial ruling.

3. Applications (skilled worker, investors, entrepreneurs and self employed) that were submitted before January 1, 2002 and were still pending on December 1, 2003 will be assessed under the Dual-Assessment procedures. Applicants will be assessed under the more favourable of the two immigration regulations.

4. Applicants must comply with the documentation requirements of the Immigration and Refugee Protection Regulations. Applicants who are requested to submit new updated application forms; provide evidence of language abilities; etc; are urged to comply with such requests as soon as reasonably practicable. In some cases reasoned submissions may be advisable to explain difficulties in complying.

5. Applicants who originally applied before January 1, 2002 in the Federal Economic Class and who were refused, for any reason, between April 1, 2003 and June 19, 2003 will be eligible to re-submit new applications before January 1, 2005 with no additional processing fees.

6. Applicants who originally applied before January 1, 2002 in the Federal Economic Class and who withdrew their application, for any reason, between January 1, 2002 and October 31, 2003 will be eligible to re-submit new applications before January 1, 2005 with no additional processing fees.

7. Visa offices are now assessing pending applications on a first-in, first-out basis.

8. Since September 18, 2003, the pass mark for new skilled worker applicants is 67.

9. The use of discretion and substituted discretion continues to form an important tool in the immigration assessment process.

 

[malli]

any news from cic regarding our cases

 

[Naavy100]

nope! this is my reqest to everyone tht pls ...b in touch

 

[rupeshhari]

Mcgyver. good post.
Do you know if there is any court cases going on at the moment?

I think while those not on the 38 should hope for the best, they shouldn't plan their future solely on getting PR in Canada.
Unlike the previous case, they are not retroactivity here.
Even though the list of 38 didn't exist between Feb and Nov 2008, the rule during that period was that a future list of 38 will be applied to the applicants. So it is not like they are applying new rules but the rule at that time (which was based on future list), where as the 2003 case is based on retroactivity.

Anyway, we can hope for the best, but its best not to plan one's future solely on Canada for those applicants between feb and nov 2008. Hopefully they do allow those not on the list of 38 to proceed with the application.

 

[mcgyver]

Hi Rupeshhari,

No, I cannot confirm of any court cases going on at the moment. In fact, as I was reading forum topics, I found bits and pieces of discussions about some sort of petition concerning the feb-08-nov-08 issue put forward by immigration consultants around the world. People were talking about it with vague certainty, but that's what drove me into doing some searching around on it and that's when I stumbled on something which was certainly real and which took place in past in Canada. Let's see what future has. Let's hope that the future conforms to the same trend (or something similar in our favour). For now, a dim hope is all we have.

 

[syedrahman1980]

Dear friends
I appreciate suggestion of rupeshhari that, not to bank only on the canadian PR. However, macgyver mentioned a past reference to become hopeful about further processing of the applications, which were supposed to be refused.

I personally thought that I would certainly get a refusal letter shortly, but now I think there is a hope. That's it.

I request all the members applied during the period to be in touch to share any new information.

I highly appreciate mcgyver's post that shows us such an exclusive reference.

My application is received on 30 June 2008 (e-cas status). If there is no chance of its processing why they make delay to send me a refusal letter ? Is it not a sign of hope ?


Thanks & good luck.


SYED

 

[Naavy100]

ive applied for NOC-0112 (banking and other investment managers) according to thios site i am also eligible to b considered under NOC-0111 (Financial Manager)

So, there is a little hope for me

 

[rupeshhari]

naavy

i think if someone fits into two categories, they might get their PR. I think OP6 says that the IO can use his discretion for that and see if an applicant can fit another NOC.

page 30 on OP6 is a good sign for you.

While the Regulations clearly place responsibility on applicants to undertake research of the NOC
and provide the NOC coding for the occupations in which they claim qualifying experience, officers
are expected to exercise discretion where applicants may have made minor errors or omissions in
correlating work experience and NOC coding.