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JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

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Old Jun 6th 2012, 8:12 pm
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Default JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

We are finding it very difficult to decide whether we really want to take our case to appeal;

1) it will take 8-12 months
2) cost 5-6000 dollars

and above all taken in consideration, lawyers cannot guarantee positive outcome.

Someone pointed out to me recently, what if CIC ask for another new requirement 12 months from now. It could be evidence for something that was not asked for in original application but now is a necessity!!

My remaining options are; waiting for new list in July, geared towards the trades OR applying and getting a job and going over with family on TWP/PNP towards PR.

Can I ask if anyone has any thoughts or experiences of their own regarding the appeal or other options........................need others opinions and advice...

Bal
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Old Jun 6th 2012, 10:52 pm
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Default Re: JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

TWP every time, dont waste time and money chasing CIC, even if you win it will sour your view... Mind you so would dealing with CBSA at Van airport!

Since we arrived we have seen so many opportunities, just spending a month with feet on the ground would be a good start and cost less than legal action.
Then when you get a TWP bring the family over.
I expect the changes to be announced will include changes to CEC allowing you to apply after 12 months for PR through that route, so that opens up another option.
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Old Jun 6th 2012, 11:36 pm
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Default Re: JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

Originally Posted by sdo1982
TWP every time, dont waste time and money chasing CIC, even if you win it will sour your view... Mind you so would dealing with CBSA at Van airport!

Since we arrived we have seen so many opportunities, just spending a month with feet on the ground would be a good start and cost less than legal action.
Then when you get a TWP bring the family over.
I expect the changes to be announced will include changes to CEC allowing you to apply after 12 months for PR through that route, so that opens up another option.
Through which route? what takes 12 months before you apply? You know you can apply PNP not long after you get here on TWP right? That's what we are doing - we are in Alberta.

TWP is defo the quickest way to get here...
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Old Jun 7th 2012, 2:16 am
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Default Re: JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

CEC class (Canadian Experience Class) it has been 24 months before you could apply for PR, but I am expecting that to be reduced to 12 months (with some caveats) in the next big announcement as Mr Kenny has mentioned it in 2 of his speeches.
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Old Jun 7th 2012, 2:56 am
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Default Re: JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

Originally Posted by sdo1982
CEC class (Canadian Experience Class) it has been 24 months before you could apply for PR, but I am expecting that to be reduced to 12 months (with some caveats) in the next big announcement as Mr Kenny has mentioned it in 2 of his speeches.
Oh right! Gotcha! Thanks.

That's one side I know nothing about!

Know plenty about TWP's, LMO's, PNPs tho!
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Old Jun 7th 2012, 8:42 am
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Default Re: JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

Originally Posted by Bal uk
We are finding it very difficult to decide whether we really want to take our case to appeal;

1) it will take 8-12 months
2) cost 5-6000 dollars

and above all taken in consideration, lawyers cannot guarantee positive outcome.

Someone pointed out to me recently, what if CIC ask for another new requirement 12 months from now. It could be evidence for something that was not asked for in original application but now is a necessity!!

My remaining options are; waiting for new list in July, geared towards the trades OR applying and getting a job and going over with family on TWP/PNP towards PR.

Can I ask if anyone has any thoughts or experiences of their own regarding the appeal or other options........................need others opinions and advice...

Bal
Dear Bal,

I'm really gutted for you and your situation.
But I can't help thinking how much money 6k is, on an appeal for which the outcome is not guaranteed. Unless money is no object..and I of course wouldn't wish you to start detailing your finances on here!

I would say, do whatever you can to get to get over there as quick as you can for as long as you can, as from personal experience, all of our opportunities have coming from meeting people. E.g. Job offer & AEO for husband (which I'm convinced got things moving), house we've got to move into from Sept, job opportunities for me in Sept, etc etc this list goes on!

I can't offer any input re the PNP or the TWP but if these things are an option, go for them. Your file, albeit needing a bit of tweaking, is already done, so that should be a plus.

Drop us a line if you need owt, we're moving to the Kamloops area of BC in 3 months.

Katie

Last edited by misskatpaw; Jun 7th 2012 at 8:43 am. Reason: Spelling
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Old Jun 7th 2012, 5:28 pm
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Default Re: JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

Well I'd look at it this way.

Duration: 12 - 18 months, cost: $5K to $6K, outcome: don't hold your breath.

Can you put that time and money to better use?

Take a job hunting holiday. You can spend a good amount of time in Canada on $6k if you budget correctly.

I'd say being proactive will prey less on your sanity.
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Old Jun 7th 2012, 5:54 pm
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Default Re: JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

Many thanks Katie for your thoughts, I really would rather get a job over there now and just move family over eventually.
After getting replies from a couple of recommended Barrister/Lawyers I just feel I would be risking alot more time and cost $$$$$$ that I could definatly put to more proactive use, as Scribe123 mentioned.

The reason I feel very cheated and confused by CIC is simply because the Visa Officer has definatly made a mistake; this fact has been confirmed by both Lawyers point blank!!!

Therefore although they ( CIC ) have made the simple mistake, my family and I have to pay for it in many ways!!!!

Thankyou all for your ideas................I will look into making a trip to Calgary very soon to secure a job driving for Long haul trucking company, anyone know companies hiring with LMO'S I'd be very interested......
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Old Jun 7th 2012, 7:50 pm
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Default Re: JUDICIAL REVIEW APPEAL.. ANY THOUGHTS??

Originally Posted by Bal uk
Many thanks Katie for your thoughts, I really would rather get a job over there now and just move family over eventually.
After getting replies from a couple of recommended Barrister/Lawyers I just feel I would be risking alot more time and cost $$$$$$ that I could definatly put to more proactive use, as Scribe123 mentioned.

The reason I feel very cheated and confused by CIC is simply because the Visa Officer has definatly made a mistake; this fact has been confirmed by both Lawyers point blank!!!

Therefore although they ( CIC ) have made the simple mistake, my family and I have to pay for it in many ways!!!!

Thankyou all for your ideas................I will look into making a trip to Calgary very soon to secure a job driving for Long haul trucking company, anyone know companies hiring with LMO'S I'd be very interested......
Well that's what we did - took a holiday over here and before we left Hubby set up 2 interviews while we were out there. For the company he got the job with he had 2 interviews on skype before leaving... then he had 2 while he was out here and 2 with another company. He was offered one of the jobs within 24 hours of the second interview. We haven't looked back since. Took a while for the LMO to come through.

I think there is a trucking part of this site? they could help you with who is hiring.

Everything they say is true tho - about meeting people face to face to get anywhere in Canada. If I were in your shoes I would do as you say and come over on a trip and set up meetings before you set up.

Good luck with it all - you must be so disheartened but don't give up...
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