angelic applicant

just when i thought things couldnt get worse.....

ive waited and waited for the immigration office in canada to send all my paperwork back so i could reapply for FSW. which i did last week and ive just looked on the immigration site and my occupation is already capped!!!!!

im soooo frustrated ive been at this 12 months now and feel like the visa office in NS have just taken the micky.

what now??? do they take an occupation off the list once its capped???? or is it reopened at some point???


gutted is an understatement talk about what doent kill you makes you stronger.... i would just like to go and live and work in canada....not such a big ask....or so i thought!!!
totally at a loss now of what to do

PMM

Hi


You wait to July 1st to see if it is on the next list.

angelic applicant

seriously????
and what if it isnt on there.....what then??? omg ill be ready for retirement at this rate either that or able to buy Canada as ill have managed to save so much.
how frustrating!!!!

maybe i should just make up qualifications for an occupation that hasnt yet reached its cap (just kidding) humour is what'll drag me through this im sure

AmyDavid

Why were you waiting for them to send it back to you? Confused!

Waggle

Well, learn from your mistakes I guess. I know it must be really frustrating and heartbraking but:

a) You didn`t need to to wait until you got your documents back to reapply, IMO. Other than having to take another IELTS test or crowbar a duplicate copy of the results of the British Org, I can see much that can`t be reobtained
b) You shouldn`t have sent the application without first checking the cap for your occupation prior to sending

Under which occupation were you application may I ask?

They don`t necessarily take an occupation off the list once it is capped. The July 2011 list was exactly the same 29 occupation as the July 2010 list. However, it IS greatly anticipated that the list will change this summer, as well as a new way to calculate points which favours younger applicants and puts a bit more weight to work experience over education (nothing official announced but the rumours are quite strong).

Anyway, usually CIC will take 2 to 3 months to send your documents back. IELTS results are now valid for 2 years so assuming you did them in the past 12 months they should be good for another application.

My advice is to wait until 1st July and see what is announced. You should have your documents back by then and if your occupation is still on the list, the caps will reset and you`re good to go.

If not, don`t lose heart. There are other routes into Canada. You might wish to consider going to Canada and securing a job on a TWP (temporary work permit) and then applying under Federal Skilled Worker Category 2. This will also boost your points by 15 points or so (5 for adaptability and 10 for having a job offer). As FSW2 you won`t need to worry about caps, or having the exact duties match the NOC for the 1 year`s minimum work experience, and you won`t have to worry about proof of funds.

Of course you WILL have to hold onto your job whilst your application goes through (or get another one sharpish if you don`t). I would try to get a 2-year work permit if you can since applications can take longer than 12 months.

Several people on the list have done it this way. Just a question of finding a job AND an employer willing to put the effort in to get the LMO to allow you to get the TWP.

Best of luck, and please don`t lose heart - if it`s your dream there is always a way!

Wayne.

helcat12

I feel bad for you but I am not sure I understand what has happened.

Why were you expecting your application back unless the NOC was already full?
Did you receive a Negative Eligibility Review for some reason to do with your application?

angelic applicant

its a long story but my application form was wrong so they sent that back but not the language test doc. after enquiring what they were doing with the doc and getting no sense i sent the application with the copy and a covering letter explaining they still had the original......my original arived back on my door mat 3 days after id re sent my application.....sooooo i sent the original document off again with a covering letter and all the details etc. my application came back as incomplete and my original document is still missing in action

are you still there?????lol
im laughing a little this morning (i think its hysteria) but ever more determined to get there.

angelic applicant

please see my response to Amy David, the NOC wasnt full when i sent my application i suppose im just gonna have to learn to be patient hey

angelic applicant

thanks wayne,
yes it was my ielts doc and it still hasnt come back and yes after a lenghty conversation i managed to get a new certificate as the test dates were april onwards and i was awre the occupation was filling fast (faster then i imagined hey)

for my sins im a social worker, they sent it back once stating i hadnt given enough evidence to say i had 12 months experience...i had 3 and it was evidneced with dated contracts etc but they needed more. so as u can probably tell without too much droning ive beening having this merry dance with the visa office for a while, but somesleep has lessened the frustration a little and ill indeed learn frommy mistake and indeed theirs!!

whats more frustrating is after answering an ad, getting short listed and successful interview for a local government job i thought the twp would get me there but unfortunately the LMO would have meant someone else who i beat at interview on experience could have been offered the job aswell hence back to the FSW talk about roller coaster

Waggle

Alas the LMO is the main sticking point for a foreign immigrant trying to obtain a job on a temporary work permit. The onus is on the employer to prove to HRDSC that they couldn't find a Canadian suitable for the position.

I think the official stance is that they are not allowed to give an immigrant the job, even if the immigrant is the best candidate, if a Canadian permanent resident or Citizen interviewed is capable of doing the job.

They have to advertise the position for 2 weeks during the past 3 months on the official CA job bank. It's doable but it's a question of finding an employer willing to put the extra work into securing the LMO.

FSW1 is still, in my opinion, a better route if you are eligible since you can do all the donkey-work whilst in your home country and you are not tied to a particular job once you get to Canada. Also you don't have to worry about an impending LMO/TWP expiry ruining your entire residency application if its renewal is refused (this is a real problem for FSW2s since the majority of LMOs tend to be for 1 year, and CIC are currently taking more than 1 year to process FSW2 applications from start fo finish).

However, FSW1 does have the downsides of having to prove 1 year's experience in the 29 occupations (with the matching of duties left to the somewhat grey-area discretion of the officer performing the eligibility review), needing to provide proof of minimum settlement funds and of course getting the application in to fall within the caps.

Anyway, since the new "list", if there is one, and possibly new rules, are but a few short months away, I'd sit back and see what happens, and get your documents in a state of readiness for then.

If you find yourself eligible under July 2012 rules then apply again without delay (DO make sure it's all complete and you've given as much work evidence as possible though). If not, then you can begin to think about the FSW2 route.

Best of luck,
Wayne.

PMM

Hi


You know that you really didn't need to get another copy of IELTS? If you submitted your IELTS with your application and it is refused/returned. You just have to include a copy with the application the 2nd time with note stating the original was included with a previous application in the past 2 years.

angelic applicant

Hi PMM i tried that last year with a covering letter 2 days after i sent the application my original documents came back. so i then sent them with a covering letter, explaining the situation and asking for them to be added to the application sent. no joy they sent the application with the copies back as incomplete stating it needed to be the original documents.

just to top it off ive been chasing the originals and the visa office have been telling me they sent them back on 26.12.11 and i have advised them that this is not the case so they then advised me that they must be lost and this is the responsibility of the postal service.
now with the delay i have missed the cap.
then on Monday i recieved an email from the visa office stating that they have my language test document and that they will hold it until i send a new application!!!!! arrrrrgh!

so i have now had to explain to thenm that i have managed to get an original document and have already re applied but due to te confusion and delay caused i have now missed the cap..... they have advised me that they have found my new application and have put my initial document with it

i am now awaiting a response of the cap is reached and to wait until July......and breathe!!!
im still smiling though and ever more determined that i will get there eventually

PMM

Hi



It is only the IELTs that a copy can be used for the 2nd application. As long as the IELTs result is less than 2 years old. Everything else has to be new originals as per the checklist.

angelic applicant

Hi PMM,
Nope definitely the reason they sent I back last Dec. Highlighted on covering letter that application was incomplete due to original language test certificate not being in the pack. Copy not accepted. I completed the test last feb .....hence ongoing frustration

christmasoompa

Did you resubmit the whole application with the IELTS copy though?