sbhusan

Hi,
Is there any idea by what time the new guidelines will be published. I am from India working in Toronto under TWP since last 2 years as software devoloper and I have extended it for one more year.I am planning to applying for PR and getting my application ready..Planning to apply from Buffelo as from Newdelhi the wait period is almost 60 months.My points without AE is 76(considering 16 from language.Yet to sit for IELTS).Also my wife has open workpermit and she is also working as a software developer.She falls into the skilled workers class too.Non of us have a permanent job offer and our employer is not ready to give AE letter rather they are willing to extend our TWP if required under SPP which doesnot require LMO.

Looking at the amendment i'm wondering what to do..
Mr Miller looking at my case could you please advise for a faster way of getting PR at this point in time:

1. if I should sit for the IELTS and then decide for PR.In worst case i'l get 68 points if my IELTS score is between 5-7.or I'l apply first and then sit for IELTS to save time.
2.Can I claim AE points with only the TWP although i dont have a permanent offer.
3. Is any way Canada Experience Class category will help me ?
4. Shall I wait till the new amendment to be clear.

Any help on this regard will be great.

Thanks,
Sbhusan

jennybroon

Phew! Thanks!

Quarte_2005

so...who really,between us looking for a better life in Canada, will benefit from these ''new rules''?
Maybe who is already in Canada and has a AE opinion, who is taking the PNP route or who lives outside Canada with a AE opinion or who is smarter and well educated than others????

Merci

Andrew Miller

First - it is unknown at this point when amendments will pass. Only after now tabled amendments IRPA pass CIC can amend Regulations and Minister can issue Instructions. It may be weeks or months...

Second - if you are already here for 2 years why didn't you apply sooner???

You cannot claim AE without permanent job offer, sorry.

CEC - maybe it will be for you. I would need to make full evaluation of your case once details of CEC are known before I can give you definite answer.

Wait for what? Race to file applications started last Thursday - IMHO everyone who is ready should apply immediately, as once details are known it may be too late for some applicants, some occupations, some categories or some whatever Minister decides to categorize SW applicants into.

Andrew Miller

Applicants with cases in categories (to be created by Minister) with highest processing priority and/or highest visa quotas will benefit the most.

I don't think about any reason why those already working in Canada and claiming arranged employment and those going through PNP route would be affected by changes in any negative way.

IMHO applicants with PNP and arranged employment (preferably already working in Canada) shouldn't worry - they are already ones who are declared/proven needed by Canadian economy.

Quarte_2005

Thanks a lot.
You are always very helpful!

jimmydean

The CIC Questions and Answers Link which has some useful stuff on it

http://www.cic.gc.ca/english/about/l...-questions.asp

Not sure how many additional resources would be required to clear the backlog but expect it would take many years.

The section below interested me the most..........I interpret this to say .......no matter how high your points total is......we will be looking very closely at your NOC and fast tracking those we like the look of...... I am new to this but could be very wrong.

The new rules would allow us to focus on getting the people we need.

Anyone will still be able to apply, but CIC would no longer be required to process all new applications. The new provisions would allow the Department to select among the new applications and choose those that best meet Canada’s labour market needs. Under the current system, which is much less flexible, CIC processes applications from skilled workers in the order in which they are received.

The Department will use this flexibility in an open and transparent manner. It will be based on instructions from the Minister, which will be published in the Canada Gazette and reported in the Department’s annual report to Parliament.

The Department will maintain its commitment to the broad objectives of the Immigration and Refugee Protection Act—supporting Canada’s economy and competitiveness, family reunification and protecting those in need. The legislative amendments are intended to respond to Canada’s labour market needs. It will not apply to refugees and is not intended to affect our objectives related to family reunification.

Q4. Is this fair? Doesn't this give the Minister too much discretion?

The Department will use this flexibility in a fair, open and transparent manner. It will be based on instructions provided by the Minister, which will be published in the Canada Gazette and reported in the Department’s annual report to Parliament. The instructions must be consistent with the overall objectives of the Immigration and Refugee Protection Act, which are to support Canada’s economy and competitiveness, reunite families and provide protection to those who need it.

Spirael

I apologise if this has already been asked elsewhere, I've been looking but haven't managed to find the answer to the questions I've got.

Basically, my application is listed as 25/Feb/08 on the CIC website, so looks like I just managed to sneak in before the cut off date. However, from what I've been reading, am I right in understanding that they can, at any point, raise the points required for a skilled application regardless of when it was submitted?

If that's so, how does that affect applications already in the queue? I conservatively counted up my points based on worst possible assumptions and got 69. Assuming that's what CIC ultimately agree with, if the points went up to 70 before my file was picked up, would that automatically mean I would be rejected, despite the target being 67 when I submitted my application?

Would I have any right to appeal or at least claim my processing fee back if this happened, since I applied in good faith that I was over the necessary points required at the time the application was submitted?

Would it help my case at all if I gained points over the coming years through education and experience, or would it still be that I needed to have enough points when I first submitted the application, even if the points barrier has been raised since then?

(Before anyone jumps on it, I'm only one rank from the top option for years of experience when counting conservatively. I'm aware that without experience then the application would have almost certainly been refused.)

I'm getting really worried now. Thanks in advance for any answers people can provide me!

PMM

Hi

1. If the points were raised it effects everyone who has not received a visa (COPR).

From the regulations:

77. For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met at the time an application for a permanent resident visa is made as well as at the time the visa is issued.

I would think that if the points were raised, that CHC may request additional information to see if an applicant met the new standard, but you never know.

Judy in Calgary

Even before this legislation was tabled, the Minister of Citizenship and Immigration had the right to raise the points for permanent residence visa applications via the skilled worker route.

What PMM has quoted is from the existing regulations.

That was something I hadn't realized, but learned from this forum.

If you withdraw your application before the assessment of your application begins, your application fee will be reimbursed.

I don't know the answer to your question about your credentials (education, work experience, etc.) at the time that your application is assessed versus your current credentials.

People may not see that question buried in this thread. There might be merit in starting a thread specifically about that.
x

Paradisefound

Which part of Nova Scotia did you have a job offer in?
We came over on a visitors visa with two children after 18 months on the Federal Route. Whilst here we were invited to an informal meeting with the Immigration Minister and others to hear all about the NS PNP including the CI Stream. We kept our federal application in until we received a nomination. Eight months later we had residency. If we had waited in the UK we would still be there now. We live on the North Shore, which originally our 18 year old thought was out of the way, now she loves it. We are 1 1/2hrs from Airport and 2hrs Halifax, but we have everything we need around us.

Ibraheem

the fact that they introduced new amendments indicate that its unlikely that there will be any change in the passmark in the near future, at least this is the common sense.

Andrew Miller

What common sense? How, on what basis you drew your conclusion?

Amendments to IRPA have absolutely nothing to do with pass mark and won't affect backlog, including all newer applications submitted prior to Feb 27 2008 - new rules will only affect new cases. Thus amendments don't even address anything in the backlog.

We still didn't hear, see nor read anything addressing the backlog, how it will be dealt with, or if it will be dealt with at all.

Pass mark is the reason of the backlog.

Tableland

This should read: "God this Canadian immigration lark is not for the faint hearted! Guess will have to wait and see if they show any mercy or not!"

I'm not sure I would have turned down residency in any country for the pleasure of joining an immigration queue in another country. Get NZ or whatever residency first, then apply to Canada from there if you're still bothered about moving there. This way you have your new life, plus the waiting list has to be shorter from NZ anyway?

I must say though, and I am aware of your predicament, that I agree with AM when he writes that They must raise the pass mark if they are going to streamline their system and compete with the (for now) much more efficient Australian system. But do they have the courage or the will?

britsnake

I believe that the new measures will do something about the backlog as they should stop it getting any bigger. Also I believe that they will be putting additional resources in place to help as well.

It took a number of years for things to get into the current state and will probably take a number of years to get out of it.

The difference now is that there is light at the end of the tunnel.

Messing with the number of points would just be an attempt at a quick fix and probably quite damaging to confidence in the Canadian immigration system. The way they have introduced the current changes to the system leads me to believe they are smarter than that.