Transitional Instructions from the Ministry - Good News for Some FSW Applicants?

[flake]

Hello Everyone,

Since no one brought this topic up, I thought I would do it. It seems CIC is treating all applications in terms of 3 distinct periods.

1. Applications submitted before Feb 27, 2008;
2. Applications submitted during the period Feb 27, 2008 - Nov 28, 2008; and
3. Applications submitted after Nov 28, 2008

For period 2, that I mentioned above, the Ministry issued what are known as some transitional instructions to the visa officers, to be used while deciding whether to refuse and refund or retain an application falling within that period. In other words, there may be a slight chance of humanitarian and compassionate considerations for some FSW applicants!

Please see the link and scroll down:

http://www.cic.gc.ca/english/resources/manuals/bulletins/index.asp

 

[rupeshhari]

http://www.cic.gc.ca/english/resources/manuals/bulletins/ob101.asp

are you talking about the above link. It sounds like the applicant must have requested H&C consideration with their FSW application. Am I correct? It will be great news for many if their application will go through.

 

[flake]

Wow. Thanks for noticing my post within minutes! Yes, I was referring to that page. Let me quote something from that page so that everyone can read it straight away.

"Some applicants may have made requests for H&C consideration with FSW applications submitted between February 27, 2008, and November 28, 2008. These applicants did not know before November 28, 2008, that their applications could only be processed if they met the eligibility requirements of the Ministerial Instructions. For those applications that are not eligible for processing under the Instructions, the following transitional procedures apply:

If visa officers consider the case sufficiently compelling they can change the class from FSW and process under another class. The visa officer has the discretion to determine that the application is being made in another class, to inform the applicant and to process the application.

The discretionary nature of Section 25 of IRPA permits the Minister and delegates to examine H&C considerations on their own initiative. This includes instances of foreign nationals who have requested H&C consideration with an application for a permanent resident visa and paid the required processing fee ($550 Canadian). Visa officers may consider these applications in any class other than the FSW class, even if the foreign nationals initially indicated they were applying in the FSW class."

Thank you all.

Regards,
Flake

 

[rupeshhari]

"discretionary nature...." thats awesome for all those people. I think some people have (unfortunately) been denied already but perhaps some people will hopefully get in.

Thanks for the info flake.

 

[chow]

Hi Guys,
I didn't understand these instructions completely.

I do have a pending FSW application sent in March,2008 and got AOR in October,2008. But I haven't heard back on this since then. (My FSW didn't fall under new 38 list)
Do you guys think that I will expect any progress in my case based on these instructions?


I also have my Alberta-PNP application at CIC sent in last month.
I appreciate for your information.
Thanks in advance.

Thanks
Chow

 

[rupeshhari]

Personally i think you will get rejected for FSW but hopefully you will get APNP soon.

http://www.cic.gc.ca/ENGLISH/information/applications/handc.asp sounds like H&C will apply to those who live in difficult situations, such as Iraq, etc. If your country is not in one of those difficult situations or your region isn't, then it is unlikely (i am guessing). I have no experience with this, so i am purely guessing.

 

[EasyRider]

If visa officers consider the case sufficiently compelling they can change the class from FSW and process under another class. The visa officer has the discretion to determine that the application is being made in another class, to inform the applicant and to process the application.


^ Does it mean i can request a class change from FSW to CEC and send additional docs?

I can proceed with FSW, but CEC would be faster.

 

[rupeshhari]

well if you fit the criteria for CEC, i think you can go ahead an cancel your FSW and apply for CEC. Somehwere i read that you could have two different applications going on at the same time. Your FSW fee will only be refunded if they hadn't started working on the application (or something like that). You should look into that further.

 

[EasyRider]

well if you fit the criteria for CEC, i think you can go ahead an cancel your FSW and apply for CEC. Somehwere i read that you could have two different applications going on at the same time. Your FSW fee will only be refunded if they hadn't started working on the application (or something like that). You should look into that further.

I know I can have both applications, thank you anyway for reply. But it would be probably faster/more convenient just to switch it to CEC as I have AOR and number already and they have most docs already (app, photos, etc). So i would need only to send missing docs.

That statement was about changing the class within application particularly. I wonder whether i can really do this.

 

[chow]

Personally i think you will get rejected for FSW but hopefully you will get APNP soon.

http://www.cic.gc.ca/ENGLISH/information/applications/handc.asp sounds like H&C will apply to those who live in difficult situations, such as Iraq, etc. If your country is not in one of those difficult situations or your region isn't, then it is unlikely (i am guessing). I have no experience with this, so i am purely guessing.

Thank you rupeshhari for your information.

I have already submitted my CIC-AINP application 3 weeks back and I may here some news in a month or two.So, I think it would be good if I withdraw my FSW application.

 

[rupeshhari]

before u withdraw, wait for others' to comment because i was only guessing. i dont know much about H&C to really comment on.

 

[adnan_hsn]

This is getting real messy now. I applied after 27 Feb but because the codes I used weren't on the list, they sent me a refusal letter in January advising that refund will follow. Now I've heard from someone recently who also applied after 27th Feb and because her occupations weren't on the list, she was expecting a refusal. But to every applicant's surprise, a few weeks ago she got a letter from CIC telling her that she also qualifies under an NOC that is on the new list so they'll be considering her case as usual and she wont be refused like many other post 27th Feb applicants.

If they keep changing rules like this everyday then what about those who have already been refused and awaiting refund because the rules have been amended again and by the time new 'Operational bulletins' came in they were already out of the system. Also, what's the guarantee that from now on CIC employees will take the hassle of going through every application to assess which categories of the 38-list the applicant can qualify under so to ensure that no other post Feb 27 applicant get hit? Issuing a ready-made refusal letter certainly take many less mouse clicks than drafting a letter to the applicant that they will be considered under the Transitional Arrangements. (I'm sure you know how things work in govt: departments and how efficient public service employees are)

Canadian immigration system although used to be very slow but still was known for its consistency as opposed to many other countries. Looks like thats no longer the case.

 

[Tarry]

Re: Transitional Instructions from the Ministry - Good News for Some FSW Applica

Thanks guys for this posting. Really Good news. I qualify for both Categories, but I think CEC is a much safer choice.