IF ANYBODY INTRESTED TO PARTICIPATE CASE AGAINST CIC PLEASE CONTACT THE FIRM MENTIONED BELOW AND PLEASE READ THE COMMENTS CAREFULLY "ITS VERY IMP ANALYSIS"
http://www.4shared.com/get/FJTfP-rF/CIC_website_-_an_analysis__rev.html
FOREFRONT MIGRATION Ltd.
45 Sheppard Avenue East ◦ Suite 900 ◦ Toronto, Ontario ◦ Canada M2N 5W9
Tel: +1 416 226 9889 ◦ Fax: +1 416 226 2882 ◦ Email: info@myForefront.com
www.ForefrontMigration.ca
Analysis of CIC's Processing Statistics
Comparing the statistics on CIC's website for processing times for Federal Skilled
Worker applications provides some insight into when, if ever, files will be finalized. Sadly,
processing times for post-Bill C-50 files is generally increasing, but the good news is that
some visa-posts are reducing their pre-Bill C-50 files.
Enclosed are composite graphs of two twelve-month periods. For the pre-Bill C-50
files; i.e., those lodged before 27 February 2008; the statistics reveal that no such files were
processed between May and July at Beijing, Buffalo, Cairo, Kiev, Lima, London, Rabat Seoul,
Taipei, Vienna or Warsaw. Shockingly, CIC set the clock back for London, Rabat, Seoul,
Taipei, Vienna and Warsaw from a month in London to an astonishing 13 months in Rabat.
Surprisingly, processing time was extended for Bill C-50 files in 24 visa-posts and
reduced at only nine visa-posts. Processing in Beijing, London and Moscow increased by
three months and Port of Spain, by five months.
By contrasting the creation date of files finalized in June with those finalized in
April provides a basis for projecting when an application lodged at a different date will be
assessed. The projection needs to take into account whether the visa post is assessing more
or fewer cases per month than its prior intake. For example, if the visa post in June was
assessing files lodged three months before those assessed in April, it means that, all things
being equal, a file lodged six months later will be assessed in four months.
The last column shows when the current "inventory" will have been finalized, but,
because the projection presumes no changes in intake, targets or processing priorities, it is
truly an estimate. And, for those projections extending beyond next June 30th, all bets are
off because everyone fill back on processing tier in CIC's queue-jumping processing priority.
Sincerely,
Timothy E. Leahy
General Counsel
Enclosures: as stated.
Processing of Canadian Federal Skilled Worker Files
ForefrontMigration.ca
45 Sheppard East • Suite 900
Toronto, Ontario M2N 5W9
Telecopier: +1 416 226 2882
Telephone: +1 416 226 9889
infot@myForefront.com
Visa Office Processing date for Pre-27 February 2008 files
27 April 2011 26 July 2011 Change Est. Elimination
Abidjian See Dakar February 2008 -1 August 2016
Accra March 2004 May 2004 0 September 2018
Ankara September 2007 November 2007 0 July 2015
Beijing July 2007 July 2007 +2 never
Berlin August 2007 October 2007 0 April 2015
Bogotá July 2006 August 2006 +1 never
Bucharest February 2006 August 2006 -4 January 2013
Buenos Aires no backlog no backlog
Buffalo January 2007 January 2007 +2 never
Cairo October 2005 October 2005 +2 never
Caracas April 2006 May 2006 +1 never
Colombo November 2006 January 2007 0 July 2016
Dakar November 2007 See Abidjan -1 August 2016
Damascus March 2004 February 2004 +1 never
Guatemala September 2006 no backlog
Havana no backlog no backlog
Hong Kong September 2006 November 2006 0 February 2016
Islamabad March 2004 April 2004 +1 never
Kingston June 2007 May 2007 +1 never
Kiev September 2007 September 2007 +2 never
Kuala Lumpur January 2007 April 2007 -2 August 2013
Lima October 2007 October 2007 +2 never
London March 2007 February 2007 +3 never
Manila January 2005 March 2005 0 October 2017
México City September 2007 November 2007 0 April 2015
Moscow October 2007 August 2007 0 July 2015
Nairobi April 2005 May 2005 +1 never
New Delhi March 2004 April 2004 +1 never
Paris October 2006 November 2006 +1 never
Port-au-Prince February 2007 no backlog
Port of Spain November 2006 December 2006 +1 never
Pretoria December 2004 January 2005 +1 never
Rabat September 2006 January 2006 +13 never
Rome January 2008 no backlog
Santiago no backlog no backlog
Santo Domingo April 2007 July 2007 +1 never
São Paulo March 2008 May 2008 0 September 2014
Seoul July 2007 February 2007 +7 never
Singapore October 2005 December 2005 0 January 2017
Sydney April 2007 March 2007 +1 never
Taipei April 2007 February 2007 +5 never
Tel Aviv December 2006 February 2007 0 December 2015
Tokyo July 2005 October 2005 -1 June 2014
Vienna May 2007 May 2007 +2 never
Warsaw August 2005 August 2005 +2 never
Processing of Canadian Federal Skilled Worker Files
ForefrontMigration.ca
45 Sheppard East • Suite 900
Toronto, Ontario M2N 5W9
Telecopier: +1 416 226 2882
Telephone: +1 416 226 9889
infot@myForefront.com
Processing Visa Office date for Post-27 February 2008 files
27 April 2011 26 July 2011 Change Est. Elimination
Abidjian see Dakar no backlog
Accra February 2010 no backlog
Ankara February 2010 April 2010 0 September 2012
Beijing February 2010 January 2010 +3 never
Berlin February 2010 March 2010 +1 never
Bogotá August 2010 May 2010 +5 never
Bucharest April 2010 April 2010 +2 January 2013
Buenos Aires April 2010 July 2010 -1 December 2011
Buffalo September 2009 October 2009 +1 never
Cairo September 2009 February 2010 -3 December 2011
Caracas April 2010 May 2010 +1 never
Colombo February 2010 April 2010 0 November 2012
Dakar no backlog see Abidjian
Damascus July 2010 January 2010 +9 never
Guatemala November 2009 February 2010 -1 May 2012
Havana May 2010 August 2010 -1 February 2012
Hong Kong November 2009 January 2010 0 January 2014
Islamabad January 2010 May 2009 -1 February 2012
Kingston November 2009 December 2009 +1 never
Kiev June 2010 June 2010 +2 never
Kuala Lumpur February 2010 March 2010 +1 August 2013
Lima May 2010 August 2010 -1 December 2011
London December 2009 November 2009 +3 never
Manila April 2010 April 2010 +2 never
México City January 2010 April 2010 -1 July 2012
Moscow December 2009 November 2009 +3 never
Nairobi July 2009 June 2010 +1 never
New Delhi February 2010 April 2010 0 September 2012
Paris January 2010 February 2010 +1 never
Port-au-Prince no backlog no backlog
Port of Spain November 2009 August 2009 +5 never
Pretoria February 2010 January 2010 +1 never
Rabat March 2010 June 2010 -1 February 2012
Rome March 2010 April 2010 +1 never
Santiago no backlog no backlog
Santo Domingo October 2009 December 2009 0 January 2013
São Paulo February 2010 March 2010 +1 never
Seoul January 2010 January 2010 +2 never
Singapore February 2010 March 2010 +1 never
Sydney April 2010 April 2010 +2 never
Taipei December 2009 January 2010 +1 never
Tel Aviv February 2010 March 2010 +1 Never
Tokyo March 2010 June 2010 -1 February 2012
Vienna March 2010 June 2010 -1 February 2012
Warsaw March 2010 May 2010 0 August 2012
FOREFRONT MIGRATION Ltd.
45 Sheppard Avenue East ◦ Suite 900 ◦ Toronto, Ontario ◦ Canada M2N 5W9
Tel: +1 416 226 9889 ◦ Fax: +1 416 226 2882 ◦ Email: info@myForefront.com
www.ForefrontMigration.ca
New Immigration Policy: Oldest cases in backlog may never get processed
Join our Skilled Worker Mandamus Action
Citizenship and Immigration Canada (CIC) has abandoned its long-applied “first in, first out”
processing to one where those who apply under the current Occupation List are processed first.
After those applications have been assessed, those who applied under the previous Occupation
List will be reviewed. Thus, those who applied as Federal Skilled Workers (FSW) before 26 June
2010 and have not yet had their file assessed should not expect it to be assessed 2011 because the
2011 quota will be filled from applicants who applied after 25 June 2010 and those who have
already been assessed. Absent a change in policy, significantly larger visa post quotas or a precipitous
drop in new FSW applications, skilled worker applicants who applied before 27 February 2008
and have not yet had their files assessed are unlikely ever to have their files assessed. And, come
July 1st, when a new Occupation List will go into effect, applicants who applied before that date
will be moved further down the processing queue.
Canadian immigration visa posts in Europe and Asia have stated that FSW applications received
prior to 26 June 2010 will not be processed in 2011 (unless medical forms have already been
received). In Manila those who applied between November 2004 and 26 June 2010 and who
have not yet received medical forms should not expect to have their files assessed in the
foreseeable future. Indeed, the Canadian Embassy at Warsaw advises that it has no idea when it
will review files lodged between 27 February 2008 and 26 June 2010, let alone earlier ones; and
New Delhi states that it does not plan on assessing pre-Bill C50 files in 2011 or 2012.
FSW Applicants have three choices:
(1) re-apply if your occupation appears on the new 2011 Occupation List;
(2) do nothing and hope your file will be assessed during your lifetime or
(3) ask the Federal Court of Canada to order that your file be processed.
…/2
Top Priority Cases:
filed since 1 July 2011
Second Priority Cases:
26 June 2010 to 30 June 2011
Third Priority Cases:
filed 27 Feb 2008 to 25 June 2010
Last Priority Cases:
lodged before 27 February 2008
- 2 -
Taking Action
After 1 July 2011, once we have at least fifty clients, we will initiate two types of court cases; viz.,
1. Mandamus: We apply for "leave”, asking the Court to hear the case, and, if it agrees
to do so, we will seek a Court order requiring CIC to process the application.
2. Damages: This action, which does not require permission to be argued, will seek damages
for the wages lost from the date CIC estimated the file would be finalized to the date of
the court order.
Cost
The fee has been substantially reducing the standard fee for litigation. There are two
options: either $750 to participate plus $750 if CIC agrees to, or is ordered to, assess
your file within a specified period or $550/$1,000. (The Court filing fees are $52.) Half
the initial payment would be made when we start; the other half when the litigation is
lodged. However, the fee is contingent on having at least fifty litigants.
Procedure
Within thirty days of the filing of the case seeking damages for lost waged, CIC may be
expect to ask the Court to dismiss the action. If the Court refuses to do so – and if enough
applicants participate – I would expect CIC to offer to settle. Generally, settlement means
withdrawal of the litigation without costs in exchange for processing of the file. Thus, the
lost income may never be recovered but, if not, it would mean that your file would be
dusted, assigned to an officer, reviewed and finalized within a reasonable time-frame.
The procedure for the mandamus case is for the applicant to submit an affidavit and for
the lawyers to argue in Court. There would be no witnesses. For the damage award, there
could be witnesses, but I do not expect that matter ever to reach that stage; rather, CIC
will likely settle either after we win the first case or will settle both even before then.
The information required to prepare the affidavit is:
a. full legal name;
b. file number;
c. visa-post;
d. date visa-post received file (see receipt);
e. date AoR estimated processing would commence or end;
f. intended occupation(s) of applicant and spouse (see Schedule 1 for each) and
g. province identified on IMM8 as destination.
If there is no settlement, it would ordinarily take nine months to a year to obtain a decision
from the Federal Court. However, if enough people participate, the litigation is likely to
be case-managed and expedited as it was when I initiated litigation in 2002 to prevent
Immigration from applying only the new selection criteria in cases lodged before those
criteria had been proposed. In that case, the Court ordered CIC to interview within six
weeks the 100 clients who had applied before the new criteria had been posited. (Seven
months later, the Minister settled the litigation which followed mine and, shortly thereafter
he exchanged the immigration portfolio for the position of the junior minister for sports.)
Such a quick time-frame is not likely to be imposed in this litigation.
…/3
