Tableland

A complete revamp is a good idea. They should do what New Zealand did.

Craftybanshee

I thought it was the Danes that don't queue?

Rob_999

This rumor has been going for as long as I can remember. Always best to plan for these things, but who really knows.....

jericho

This has happened before, but The Dragon case fought such a ruling (ie/ applying the points change retroactively). The case was fought and won only 5 years ago, so it's unlikely they'd try to do it again.

Andrew Miller

Wrong my friend.

The case you mentioned was about 100 or so applicants who applied under the old law (which didn't have any retroactivity clause) and then when law changed in 2002 they were started being assessed under new law. The same case was joined by 22 plaintiffs who applied already in 2002 (after new law with retroactivity built in came to force). Judge dismissed those 22 complaints clearly stating that they applied when IRPA already became the law.

http://decisions.fct-cf.gc.ca/en/200...003fct211.html

Since then there were several separate lawsuits challenging retroactivity of IRPA and all were lost by plantiffs, in all court upheld the law and government won.


So please, don't confuse pre-2002 cases with 2002 and later cases. You cannot apply settlement for cases filed under old law to the cases submitted starting January 1, 2002, under the IRPA that has retroactivity clause built in and upheld by courts. More - government already has a precedent as when pass mark was lowered from 75 to 67 points in Sep 2003 it was retroactively applied to all pending cases.

jericho

You seem to have a better handle on this than our IC.

For your own clients Andrew, what would you do with regards to fees if they're suddenly inelligible following a points requirements increase?

Fisherman Bob

the danes seem quite happy to queue. in my experinece they are far more polite than the french.

ladymoose

[QUOTE=Craftybanshee;5062562]Easier said than done I'm afraid and I'm speaking from experience. My husband has tried to get a job over there without success for a few years. Employers (IT ones) don't seem to want to know. I suspect a lot of it is to do with the fact that we aren't actually there. Another reason maybe that some Brits have landed in Canada, got jobs and decided after 6 months or so they don't like it so they move back to the UK. Understandably some Canadian employers don't want to get their fingers burnt again. A few posters on here have been lucky and have landed jobs before they went to Canada, but it is hard going.

While my husband was trying to get a job in Canada he discovered many Canadian employers are 'blissfully unaware' of the Provincial Nominee Program. Can you believe that. This is a country that says it needs immigrants, yet government agencies fail to communicate with employers and alert them. My husband contacted many big companies and they had no idea!

We used to get fed up of seeing the same IT jobs advertised again and again on careerbeacon.com - employers just trawling to see what they can get. Is there really a job? I don't know? We lost count of the amount of employers that never returned calls or e-mails.QUOTE]

Hi Crafty

My hubbie got a job in IT/work permit before leaving the UK - probably a mixture of luck and hard work initially and I agree with you, it is not easy! He didn't apply for one advertised position though but sent out about 800 emails to companies he'd identified in two provinces. All brief synopsis type emails offering further info about himself if they were interested.

He also included brief info/links to the pilot IT software scheme whereby you do not need hrsdc approval if you have the preapproved skillset (the scheme is still ongoing), to the PNP processes and to the Work Permit process. This meant all the companies had to do is click a link rather than search for the info themselves which, I agree does tend to put loads of them off.

This approach seemed to work as he had replies from a good eighth of the targetted companies either wishing him luck, filing his email or asking for more info. He ended up with a job and a couple of future options. After a year and a half he repeated the process (but only targetted just a few companies in Edmonton) and got 3 further good offers - a new work permit included. We're just getting to end of PR process now having been working here for 3 years. None of these have been killer jobs worth lots of dosh but just enough to make ends meet and get a foot in the door.

Your husband may have already done all this - but just thought it was worth mentioning. Good luck.

Craftybanshee

I said this because I used to work with a Danish woman and she found it funny how we brits seem to like queue for everything and I said it probably stemmed from the war and rationing etc. She said Danes weren't so polite and it tended to be a bit of a free for all at bus stops etc

Didn't mean to offend, just going by what I've been told.

Craftybanshee

Good for your hubby in getting a job in Canada. Maybe we were looking in the wrong province? We did try Alberta for a while 2 years ago, and nothing. For the past year we tried NS and nothing at all I agree, I think you're either lucky or you're not. I've come to the conclusion now that we weren't meant to go.

ladymoose

We tried New Brunswick as well as AB - the companies there were lovely, and supportive in their replies but had no jobs to offer. A few gave hubby leads to Albertan companies though which was why we started to try there - and with the market at the time he managed to find something. Sorry you didn't.

By the way, to anyone reading, I just posted the links to the expediated work permit process for IT workers on another post on the overall forum.

Southcote

Don't give up hope - we were told by CHC that whatever the points cut off is (currently 67) is not a hard and fast rule - ie if your application is a couple of points short, you can still be accepted

Tangram

And still be rejected, I believe someone was 1 or 2 short and got rejected, I think it was Crafty's husband.

MarkG

Sure. To be accepted with a low points score you'll need to provide some other evidence that you'll be able to establish yourself in Canada that wouldn't otherwise be covered by the points score.

Andrew Miller

I simply do my best to protect my clients from possible increase in pass mark. Everyone with less than 75 points is strongly advised to boost points score in any way possible (arranged employment, education, language, etc.) and gets my suggestions how to do it plus help doing it. In addition I always prepare such cases for use of substitute evaluation and formally request it when submitting the application, just to be safe.

Of course game changed since last September's introduction of simplified form, but remains intact for Buffalo where I always do all of the above.