Alvin s said:
I applied in good faith in early November under the then present rules where my job qualified as skilled, i am a Government administrative officer (NOC 1221)
Now i just find out they are backdating the new 38 list to feb 08 and my job is not on the list.
How can this be legal or ethical, surley if they change the rules it should be from the day of the annoucement. As far as i know this is unpresedented and no other country has ever done this before.
I am so angry that they have moved the goalposts after my application.
I know i will get a refund at some point but that hardly compensates for my lost dreams.
I can only hope that some people in Canada can make the Minister see that moving the goalposts after application is not only unethical but should be illegal and hope its changed.
Alvin, I am in your same situation - I too am a Government officer (Welfare) here in the UK and I wholeheartedly agree with you that it feels most unfair that the regulations surrounding the list of 38 occupations is to be applied retrospectively back to Feb 08.
Obviously what I say doesn't matter (after all, what is done is done) but to me, the fair thing what have been for them to say: "Look, we said the rules were changing in Feb 08 but since it took us till Nov 08 to come up with the actual list of occupations and to 'spell out' the new rules, it is only fair that all those people who applied between Feb 08 and Nov 08 who are not on the new list of 38 occupations, should be given the opportunity to either:
a) opt out and get a refund or
b) be processed under the old rules even if that means their application would take 3/4/5 years to process or
c) get AEO, apply under PNP etc
And before everyone pounces on me, yes I know all about getting AEO or applying under PNP but guys please understand you're making it sound like there's a truck load of potential employers lining up in Canada who wouldn't like anything better to do than to offer a job or apply for an AEO for some Joe Bloggs halfway across the world they don't know from Adam.....
And Adrian, yes of course we checked out the rules and conditions when we applied, but nobody here knew what the new rules would be (why, did you?) because when I went to the Canada Expo in London just this summer, the Canadian High Commission official they had there giving seminars on immigration, did not mention ONCE the matter of the 38 occupations, or that some people would be "OK" while other would not be, despite scoring 67 + points. If anything, all the CHC guy talked about was how to add up all your points for education, employment, funds etc to reach the 67 mark and then you've got a green light to immigrate!
So yes, I feel they have conned people. Love me or hate me, the way I see it is that when you pay for a good or service (and lets face it, $550 CAD per person is not a couple of bucks) you need to know what you stand. Just telling people, yeah go ahead and apply like nothing's going on - then we'll see later where you stand, well I'm sorry that really just does not cut it anymore. I hope someone challanges the legality of this in court. At the end of the day, I am here in the UK (hardly in Darfur) but I really feel for all of the other applicants who really need to move to Canada to make half a decent life for themselves and their families. My prayers are with you.
