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Mr Miller and Other Experts ... Please Help

Mr Miller and Other Experts ... Please Help

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Old Jan 9th 2005, 11:31 pm
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Question Mr Miller and Other Experts ... Please Help

I posted this earlier but got no responses so I want to seek help directly from the experts. Please .. I am hoping to get some advise regarding my case. Here goes:

November 2001: Submitted immigration application for skilled worker in Manila
January 2002: Received acknowledgement and file number from Canadian Embassy
May 2002: Received notice of a need for interview with waiting period approximately 36 months
Early 2003: Received notice that interview cannot be scheduled before April 1, 2003 hence application will now be subjected to new selection criteria under IRPA

The notice also advised me to assess my qualifications under the new selection criteria to determine if I still meet the new immigration requirements. If I do and still want to pursue my application, I need to provide additional information.

Upon self assessment, I still met the new requirements so on May 2003, I submitted all the new documents they require. I haven’t heard back from the Embassy since then until I received a notice from them last December 2004 stating that I am affected by the Rasolzadeh class suit.

My questions:
1. Is my application taking a “normal� processing time? Or being affected by the Rasolzadeh case stretched my processing time?
2. I am planning to opt-out of the case since first, I still qualify under the new selection criteria. Second, I already submitted additional information satisfying the new criteria. And third, if I agree to be part of the class suit, expected processing time will be 2008 since I applied in 2001. I don’t think I can wait that long. Is this a sound/right decision?
3. On the benefits if the class suit prevails – will the affected applicants assured of application approval or just assured of a review of their application within the timeframe specified and they can still be rejected?

Appreciate any feedback/leads. Thank you very much!
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Old Jan 10th 2005, 1:50 am
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Default Re: Mr Miller and Other Experts ... Please Help

Originally Posted by samm
I posted this earlier but got no responses so I want to seek help directly from the experts. Please .. I am hoping to get some advise regarding my case. Here goes:

November 2001: Submitted immigration application for skilled worker in Manila
January 2002: Received acknowledgement and file number from Canadian Embassy
May 2002: Received notice of a need for interview with waiting period approximately 36 months
Early 2003: Received notice that interview cannot be scheduled before April 1, 2003 hence application will now be subjected to new selection criteria under IRPA

The notice also advised me to assess my qualifications under the new selection criteria to determine if I still meet the new immigration requirements. If I do and still want to pursue my application, I need to provide additional information.

Upon self assessment, I still met the new requirements so on May 2003, I submitted all the new documents they require. I haven’t heard back from the Embassy since then until I received a notice from them last December 2004 stating that I am affected by the Rasolzadeh class suit.

My questions:
1. Is my application taking a “normal” processing time? Or being affected by the Rasolzadeh case stretched my processing time?
2. I am planning to opt-out of the case since first, I still qualify under the new selection criteria. Second, I already submitted additional information satisfying the new criteria. And third, if I agree to be part of the class suit, expected processing time will be 2008 since I applied in 2001. I don’t think I can wait that long. Is this a sound/right decision?
3. On the benefits if the class suit prevails – will the affected applicants assured of application approval or just assured of a review of their application within the timeframe specified and they can still be rejected?

Appreciate any feedback/leads. Thank you very much!
hello, am just writing to say if no one has written back then maybe no one has an answer to your questions, except for the experienced people..be patient.*S* Good Luck~
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Old Jan 10th 2005, 1:58 am
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Default Re: Mr Miller and Other Experts ... Please Help

Originally Posted by Maple Leaf
hello, am just writing to say if no one has written back then maybe no one has an answer to your questions, except for the experienced people..be patient.*S* Good Luck~
Yes, thanks MapleLeaf! My case I guess is just complicated. Will patiently wait of course. Regards.
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Old Jan 10th 2005, 2:11 am
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Default Re: Mr Miller and Other Experts ... Please Help

Originally Posted by samm
I posted this earlier but got no responses so I want to seek help directly from the experts. Please .. I am hoping to get some advise regarding my case. Here goes:

November 2001: Submitted immigration application for skilled worker in Manila
January 2002: Received acknowledgement and file number from Canadian Embassy
May 2002: Received notice of a need for interview with waiting period approximately 36 months
Early 2003: Received notice that interview cannot be scheduled before April 1, 2003 hence application will now be subjected to new selection criteria under IRPA

The notice also advised me to assess my qualifications under the new selection criteria to determine if I still meet the new immigration requirements. If I do and still want to pursue my application, I need to provide additional information.

Upon self assessment, I still met the new requirements so on May 2003, I submitted all the new documents they require. I haven’t heard back from the Embassy since then until I received a notice from them last December 2004 stating that I am affected by the Rasolzadeh class suit.

My questions:
1. Is my application taking a “normal� processing time? Or being affected by the Rasolzadeh case stretched my processing time?
2. I am planning to opt-out of the case since first, I still qualify under the new selection criteria. Second, I already submitted additional information satisfying the new criteria. And third, if I agree to be part of the class suit, expected processing time will be 2008 since I applied in 2001. I don’t think I can wait that long. Is this a sound/right decision?
3. On the benefits if the class suit prevails – will the affected applicants assured of application approval or just assured of a review of their application within the timeframe specified and they can still be rejected?

Appreciate any feedback/leads. Thank you very much!
Your application is not taking a normal processing time and you are correct in noting that with the settlement you might have to wait until 2008 for your case to be completed. Your case will be considered under the most favourable system for you but there is no guarantee of success. I do not think it would be wise to opt out because there is no guarantee of faster processing that way either.
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Old Jan 10th 2005, 2:23 am
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Default Re: Mr Miller and Other Experts ... Please Help

Originally Posted by Jim Humphries
Your application is not taking a normal processing time and you are correct in noting that with the settlement you might have to wait until 2008 for your case to be completed. Your case will be considered under the most favourable system for you but there is no guarantee of success. I do not think it would be wise to opt out because there is no guarantee of faster processing that way either.
Meaning, I should just go with the settlement? Arrggh, means eternity to me

Thanks for the feedback Jim.
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Old Jan 10th 2005, 2:35 am
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Default Re: Mr Miller and Other Experts ... Please Help

Originally Posted by samm
Meaning, I should just go with the settlement? Arrggh, means eternity to me

Thanks for the feedback Jim.
I hope very appliant stays in and makes the department perform as they promise. That should deter them from other misadventures.
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Old Jan 10th 2005, 3:44 am
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Default Re: Mr Miller and Other Experts ... Please Help

Hi Jim

Originally Posted by Jim Humphries
I hope very appliant stays in and makes the department perform as they promise. That should deter them from other misadventures.
The Dept. knew exactly (or close) how many applications were in the backload, and how long it would take to clear, but it was the Minister and the Deputies who didn't want the truth and made their own estimates as the wanted the legislation through without any problems or delays.

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Old Feb 14th 2005, 9:51 pm
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Default Re: Mr Miller and Other Experts ... Please Help

Originally Posted by Jim Humphries
Your application is not taking a normal processing time and you are correct in noting that with the settlement you might have to wait until 2008 for your case to be completed. Your case will be considered under the most favourable system for you but there is no guarantee of success. I do not think it would be wise to opt out because there is no guarantee of faster processing that way either.

for the "rasolzadeh Class" if there is no guarantee of success and it takes more 4 years, then what is the advantage of the proporsal?? i mean i see no differance if one opts out, only the time limits till 2008, and it won't take such along time anyway.
please share you information with me. because i really confused about that.

Regards
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Old Feb 14th 2005, 11:26 pm
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Default Re: Mr Miller and Other Experts ... Please Help

Originally Posted by ThinkPad
for the "rasolzadeh Class" if there is no guarantee of success and it takes more 4 years, then what is the advantage of the proporsal?? i mean i see no differance if one opts out, only the time limits till 2008, and it won't take such along time anyway.
please share you information with me. because i really confused about that.

Regards
The advantage for the applicants is that they will be assessed under the most favourable rules (to them). Otherwise they would all have gon into the new Act rules only. For many of them that would have meant failure.
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Old Feb 15th 2005, 1:23 am
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Unhappy Re: Mr Miller and Other Experts ... Please Help

Originally Posted by Jim Humphries
The advantage for the applicants is that they will be assessed under the most favourable rules (to them). Otherwise they would all have gon into the new Act rules only. For many of them that would have meant failure.
Jim,

But favourable would only mean in terms of the new requirements, right? Not really expediting the entire process except that you are assured that your application gets processed within 2008? Well, its not as if 6 years is better, but lesser of 2 evils"?
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Old Feb 15th 2005, 2:19 am
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Default Re: Mr Miller and Other Experts ... Please Help

Originally Posted by samm
Jim,

But favourable would only mean in terms of the new requirements, right? Not really expediting the entire process except that you are assured that your application gets processed within 2008? Well, its not as if 6 years is better, but lesser of 2 evils"?
Favourable means if they pass the old Act but fail the new Act - they pass. That is, if they pass either Act rules, they pass. Only if they fail under both Act rules would they fail.
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