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Letter from FSW-Centralized Intake Office

ebsonjohn

Newbie
Jul 10, 2009
8
0
Here's what I received from FSW CIO...

Dear Sir:

Your application for permanent residence in Canada in the Federal Skilled Worker Class was received in manila on August 1st 2008. Your application has since been transferred to the Case Processing Centre in Sydney , Nova Scotia , Canada for assessment.

As you may be aware, changes were made to the Immigration and Refugee Protection Act which affect applications submitted on or after February 27, 2008 . Since your application was received on or after this date, your application is subject to these amendments.

Section 87.3(2) of the Immigration and Refugee Protection Act stipulates that

The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada .

Section 87.3(3) further states that

For the purposes of subsection (2), the Minister may give instructions with respect to the processing of applications and requests, including instructions
(a) establishing categories of applications or requests to which the instructions apply;
(b) establishing an order, by category or otherwise, for the processing of applications or requests;
(c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and
(d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.

Pursuant to the above sections, the Minister of Citizenship, Immigration and Multiculturalism has issued instructions which were published in the Canada Gazette on November 28, 2008 . These instructions specify that only applicants who have an Arranged Employment Offer, who are legally residing in Canada for at least one year as a Temporary Foreign Worker or an International Student, or who have work experience in the listed occupations are eligible to be processed in the Federal Skilled Worker class.

You have not indicated in your application that you have an Arranged Employment Offer or that you are legally residing in Canada for at least one year as a Temporary Foreign Worker or an International Student. Your application has therefore been assessed on the basis of whether you have work experience in the list of occupations eligible for processing. These occupations are identified by codes and described in the National Occupational Classification (NOC). You may access the list of eligible occupations at: cic.gc.ca

You have indicated that you have work experience in an occupation with the following NOC code: 6211, Retail Supervisor, 0122, Manager, 1231, Bookkeeper. This occupation is not included on the list of eligible occupations specified in the instructions identified by the Minister of Citizenship, Immigration and Multiculturalism and published in the Canada Gazette on 28 November 2008.

For the reasons outlined above, your application does not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

The fees that you have paid are refundable. You will receive a cheque within eight to twelve weeks at the address provided in your application. If you have changed your address please advise us immediately of the new address. Address changes should be faxed to (902) 270-3561.

Please note: The Fax number listed above is solely for the purpose of providing an updated address. Any communication/queries other than an updated address to this Fax number will not be actioned.

There are many ways to immigrate to Canada. Although you have not satisfied the requirements to apply under the Federal Skilled Worker Class, you may qualify under another category...

Thank you for your interest in Canada .


I'm just wondering, is this an outright turn down to my application? Are there any remedies? What are my other options? Please help...
 

ei8ht

Star Member
Jan 11, 2010
91
56
Job Offer........
Pre-Assessed..
LANDED..........
15 Aug 2009
Unfortunately YES. This is a Rejection of your Application.
Reason: U didn't apply under the 38 NOC list, as was applicable during your filing.
Remedy: Apply once again, afresh for FSW. -If your occupation is in the 38 NOCs.
Else: If u do not fall under th 38 NOCs, u'll have to take another recourse.
 

nasj

Star Member
Jan 22, 2009
176
7
Category........
Job Offer........
Pre-Assessed..
Sorry to hear about your rejection however; they stated clearly that they will not process any application are not included in their 38 occupational list.
You applied as 6211, 0122, 1231, those occupation are not included on the list and your application was received 1 Aug 2008 way after the new rules were enforced. Therefore, you may consider reapplying under 38 occupational list in order for your application to be eligible.
 

ebsonjohn

Newbie
Jul 10, 2009
8
0
Thanks ei8ht.

Does this mean that my only recourse if my NOC is not in the list is to wait for another amendment to the immigration laws if I'm applying under FSW?
And of course if I apply under another category...

Just one more question, with regards to changing the address for the refunding of my check, is there a form for these or I'll just make a letter address to FSW CIO regarding the change in address where they can mail my check.

The address on my application is my broker's address. I want it to change to my own address. Thanks.
 

qorax

VIP Member
Nov 21, 2009
9,523
3,002
Brampton, Canada
Category........
FSW
Visa Office......
London
LANDED..........
May-2010
ebsonjohn said:
Thanks ei8ht.

Does this mean that my only recourse if my NOC is not in the list is to wait for another amendment to the immigration laws if I'm applying under FSW? And of course if I apply under another category...

Just one more question, with regards to changing the address for the refunding of my check, is there a form for these or I'll just make a letter address to FSW CIO regarding the change in address where they can mail my check.

The address on my application is my broker's address. I want it to change to my own address. Thanks.
Hi,

It was a saddenning news. Yes,u can change th address vide a fax to CIO. But, might be, by now they have already despatched your refund check. If not, that'll be good.

About your other options. if U r not in the 38, u can try CEC, PNP etc. But, u need to check your eligibility on them. Your Agent should be able to guide u better. Oh yes, U had an agent, why did he goof-up with your apps? He requires some head-dressing, no?

All the best, buddy !