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Sixteen week delay letter?? - Never seen before!

Sixteen week delay letter?? - Never seen before!

Old Sep 8th 2010, 3:23 am
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Default Sixteen week delay letter?? - Never seen before!

Hi

I (actually an immigration lawyer for my company has) have applied for an employer sponsored TWP under the soon to be expired IT category (application was received by the office on August 13th 2010 - category expires September 30th 2010). We have just received a letter stating:

'The purpose of this letter is to inform you that the processing of your request will take longer than anticipated.

Your submission will reviewed within sixteen weeks from the date on this correspondence.

Please do not inquire on the status of this submission until after the period activated.'

And that's it! No other explanation!!! My lawyer has never seen anything like this.

1) has anyone else received a letter like this and has any idea what this means for the future of my application (other than it's going to be delayed for 16 weeks!)? Could it be an attempt to refuse the application by claiming the IT category has expired when they actually do review it next year?!

2) I am currently on a 1 year BUNAC visa which expires on Oct 3rd 2010. What does this mean for my working entitlement in Canada?


Any feedback would be greatly appreciated.

Ross
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Old Sep 8th 2010, 4:53 am
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Default Re: Sixteen week delay letter?? - Never seen before!

Originally Posted by RossFulton
Hi

I (actually an immigration lawyer for my company has) have applied for an employer sponsored TWP under the soon to be expired IT category (application was received by the office on August 13th 2010 - category expires September 30th 2010). We have just received a letter stating:

'The purpose of this letter is to inform you that the processing of your request will take longer than anticipated.

Your submission will reviewed within sixteen weeks from the date on this correspondence.

Please do not inquire on the status of this submission until after the period activated.'

And that's it! No other explanation!!! My lawyer has never seen anything like this.

1) has anyone else received a letter like this and has any idea what this means for the future of my application (other than it's going to be delayed for 16 weeks!)? Could it be an attempt to refuse the application by claiming the IT category has expired when they actually do review it next year?!

2) I am currently on a 1 year BUNAC visa which expires on Oct 3rd 2010. What does this mean for my working entitlement in Canada?


Any feedback would be greatly appreciated.

Ross
Nope, as long as an application is recieved prior to the expiration of a specific set of guidlines then it won't be refused on that basis.

I'm not sure if you can be on implied status if you are on a bunac twp, but an expert will be along to answer soon regarding your status following 3rd October.
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Old Sep 8th 2010, 12:43 pm
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Default Re: Sixteen week delay letter?? - Never seen before!

Originally Posted by RossFulton
Hi

I (actually an immigration lawyer for my company has) have applied for an employer sponsored TWP under the soon to be expired IT category (application was received by the office on August 13th 2010 - category expires September 30th 2010). We have just received a letter stating:

'The purpose of this letter is to inform you that the processing of your request will take longer than anticipated.

Your submission will reviewed within sixteen weeks from the date on this correspondence.

Please do not inquire on the status of this submission until after the period activated.'

And that's it! No other explanation!!! My lawyer has never seen anything like this.

1) has anyone else received a letter like this and has any idea what this means for the future of my application (other than it's going to be delayed for 16 weeks!)? Could it be an attempt to refuse the application by claiming the IT category has expired when they actually do review it next year?!

2) I am currently on a 1 year BUNAC visa which expires on Oct 3rd 2010. What does this mean for my working entitlement in Canada?


Any feedback would be greatly appreciated.

Ross
My change of employer TWP application reached on 27 July and same letter received by my lawyer. I am too in those IT categories.
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Old Sep 8th 2010, 1:05 pm
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Default Re: Sixteen week delay letter?? - Never seen before!

Originally Posted by RossFulton
Hi

I (actually an immigration lawyer for my company has) have applied for an employer sponsored TWP under the soon to be expired IT category (application was received by the office on August 13th 2010 - category expires September 30th 2010). We have just received a letter stating:

'The purpose of this letter is to inform you that the processing of your request will take longer than anticipated.

Your submission will reviewed within sixteen weeks from the date on this correspondence.

Please do not inquire on the status of this submission until after the period activated.'

And that's it! No other explanation!!! My lawyer has never seen anything like this.

1) has anyone else received a letter like this and has any idea what this means for the future of my application (other than it's going to be delayed for 16 weeks!)? Could it be an attempt to refuse the application by claiming the IT category has expired when they actually do review it next year?!

2) I am currently on a 1 year BUNAC visa which expires on Oct 3rd 2010. What does this mean for my working entitlement in Canada?


Any feedback would be greatly appreciated.

Ross
Wow - thats a new one! I don't think they would be able to claim your application was outside the category deadline, they received your application in good time, so will still process based on that. On the subject of your WP, you cannot work outside of the terms of your WP, so you will need to apply to extend to be able to have implied status etc. I don't know much about BUNAC, but if you had an LMO in the first place, you'll need a new one of those too - see the Human REsources website http://www.hrsdc.gc.ca/eng/workplace..._workers.shtml
Bear in mind that if you have an application in for an extension, your OHIP still runs out in that timeframe. If you had an accident in between time, you have to pay out for medical bills and get reimbersed if you get status later.
Good luck
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Old Sep 8th 2010, 3:57 pm
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Default Re: Sixteen week delay letter?? - Never seen before!

Thanks for the feedback so far.

Manek, has your lawyer been able to find out what the implication of the mystery letter is?

A work permit extension application was included in my overall application. I'm hoping this will allow me to continue working on implied status if there truly is going to be a 16 week delay. However, based on my reading, it looks I will not be able to travel outside of Canada as part of my job here and then return with my working entitlement intact...anyone know if that's true??

Thanks again.
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Old Sep 8th 2010, 4:18 pm
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Default Re: Sixteen week delay letter?? - Never seen before!

However, based on my reading, it looks I will not be able to travel outside of Canada as part of my job here and then return with my working entitlement intact...anyone know if that's true??

Thanks again.[/QUOTE]
To be honest, looking at some of the threads on here, I wouldn't risk it. There have been alot of people who have experienced IO's at the border that just refused them entry. Others have reported that it's been fine. Depends on your stress tollerance levels if it doesn't work out and you have an IO who is in a bad mood that day. God, I wish they were consistent!
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Old Sep 8th 2010, 6:20 pm
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Default Re: Sixteen week delay letter?? - Never seen before!

Hi

Originally Posted by umpalumpa
However, based on my reading, it looks I will not be able to travel outside of Canada as part of my job here and then return with my working entitlement intact...anyone know if that's true??

Thanks again.
To be honest, looking at some of the threads on here, I wouldn't risk it. There have been alot of people who have experienced IO's at the border that just refused them entry. Others have reported that it's been fine. Depends on your stress tollerance levels if it doesn't work out and you have an IO who is in a bad mood that day. God, I wish they were consistent! [/QUOTE]

If you are working or studying on "implied status" if you leave Canada during that period, you will be re-admitted, but you will not be able to work or attend school until you receive an extension on your Work/Study permit .
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Old Sep 8th 2010, 8:07 pm
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Default Re: Sixteen week delay letter?? - Never seen before!

Originally Posted by RossFulton
Thanks for the feedback so far.

Manek, has your lawyer been able to find out what the implication of the mystery letter is?

A work permit extension application was included in my overall application. I'm hoping this will allow me to continue working on implied status if there truly is going to be a 16 week delay. However, based on my reading, it looks I will not be able to travel outside of Canada as part of my job here and then return with my working entitlement intact...anyone know if that's true??

Thanks again.
Our application has been randomly selected for Quality Assurance purpose, we have filed it well before IT program ends so it should be fine. But I am not sure about implied status though, my wp is valid till august 2011 and this is for change of employer.

Now my lawyer has suggestion of filing WP outside Canada (any of six USA visa office). He believes inside and outside application treated separately but I really doubt this strategy.
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Old Sep 8th 2010, 8:09 pm
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Default Re: Sixteen week delay letter?? - Never seen before!

Originally Posted by RossFulton
Hi

I (actually an immigration lawyer for my company has) have applied for an employer sponsored TWP under the soon to be expired IT category (application was received by the office on August 13th 2010 - category expires September 30th 2010). We have just received a letter stating:

'The purpose of this letter is to inform you that the processing of your request will take longer than anticipated.

Your submission will reviewed within sixteen weeks from the date on this correspondence.

Please do not inquire on the status of this submission until after the period activated.'

And that's it! No other explanation!!! My lawyer has never seen anything like this.

1) has anyone else received a letter like this and has any idea what this means for the future of my application (other than it's going to be delayed for 16 weeks!)? Could it be an attempt to refuse the application by claiming the IT category has expired when they actually do review it next year?!

2) I am currently on a 1 year BUNAC visa which expires on Oct 3rd 2010. What does this mean for my working entitlement in Canada?


Any feedback would be greatly appreciated.

Ross
Hi - forgive my ignorance but I am just curious exactly what you mean by category is expired? Does this mean there's no longer a NOC code for IT related jobs?

Wayne.
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Old Sep 8th 2010, 8:12 pm
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Default Re: Sixteen week delay letter?? - Never seen before!

OP might mean the IT Worker Program ends on 1 October 2010 under which 7 NOC code were exempted from LMO.
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Old Sep 8th 2010, 8:17 pm
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Default Re: Sixteen week delay letter?? - Never seen before!

Originally Posted by Manek
OP might mean the IT Worker Program ends on 1 October 2010 under which 7 NOC code were exempted from LMO.
Ah ok. I am a software developer, wish I'd heard about this one sooner, might have made a nice backup plan if our FSW1 application isn't approved!

Ah well, too late now.
Wayne.
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