Skilled worker visa questions

Old Aug 17th 2004, 8:10 am
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Question Skilled worker visa questions

Hi,

My husband and I (I am British, he is American, we both live in the US) are thinking about applying for Canadian visas under the skilled worker program, however we have a few questions first:

1. The points we need now are 67, however we know that Buffalo is taking a year to deal with applications, so what if the points we need go up so that we're no longer eligible a year after we file? Are we judged on the eligibility criteria at the time of filing?

2. What if my husband gets a definite job offer - is there a quicker way to get the visa? I'd be surprised if a prospective employer was willing to wait 2 years for us to get up there!

3. I've only been living in the US for a few months, do I file my application in the US or in the UK since I am British? I saw somewhere that you file in the country of residence if you have been there 12 months or more. I don't qualify for that, however my husband is American and we wish to apply together - I would be the main applicant though due to my qualifications.

4. Does the fact that I am currently on a 2 year conditional greencard in the US affect my eligibility for a Canadian visa?

5. How important is it to provide references from all my previous employers? Most of them probably wouldn't remember me and probably couldn't be bothered to provide any information! Also, I don't think I retained any of my old contracts of employment - is there any other way to deal with the employment aspect? I have copies of most of my wage slips for the past 5 years plus my admission certificate confirming my admission as a Solicitor in the year 2000 (I was a lawyer for the past 4 years until I arrived in the US) - would that suffice? I know my last employer has the attitude: "well she left so I can't be bothered" which isn't helpful, but that is the way they are!

Sorry that there are so many questions! Any advice would be much appreciated, I tried to call the Canadian embassy office in Buffalo but was told that they don't give immigration assistance by phone.

Thanks again.
Josie

Last edited by Cygnus; Aug 17th 2004 at 9:10 am.
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Old Aug 17th 2004, 3:15 pm
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Default Re: Skilled worker visa questions

1. You need to meet all selection criteria (including pass mark) that are in force not only at the time of application but also at the time of assessment and when visa is issued. Thus if pass mark goes up (above your score) during the process then you are in troubles.

2. Get work permit and come to work and live in Canada while waiting for conclusion of PR process

3. It is not about how long you are in US - it is about for how long you were lawfully admitted to US. To be eligible to apply through Buffalo you must have been admitted for at least 12 months to US.

4. Nope

5. Providing conclusive and acceptable proof of claimed skilled work experience is one of most crucial matters in the application process.


Originally Posted by Cygnus
Hi,

My husband and I (I am British, he is American, we both live in the US) are thinking about applying for Canadian visas under the skilled worker program, however we have a few questions first:

1. The points we need now are 67, however we know that Buffalo is taking a year to deal with applications, so what if the points we need go up so that we're no longer eligible a year after we file? Are we judged on the eligibility criteria at the time of filing?

2. What if my husband gets a definite job offer - is there a quicker way to get the visa? I'd be surprised if a prospective employer was willing to wait 2 years for us to get up there!

3. I've only been living in the US for a few months, do I file my application in the US or in the UK since I am British? I saw somewhere that you file in the country of residence if you have been there 12 months or more. I don't qualify for that, however my husband is American and we wish to apply together - I would be the main applicant though due to my qualifications.

4. Does the fact that I am currently on a 2 year conditional greencard in the US affect my eligibility for a Canadian visa?

5. How important is it to provide references from all my previous employers? Most of them probably wouldn't remember me and probably couldn't be bothered to provide any information! Also, I don't think I retained any of my old contracts of employment - is there any other way to deal with the employment aspect? I have copies of most of my wage slips for the past 5 years plus my admission certificate confirming my admission as a Solicitor in the year 2000 (I was a lawyer for the past 4 years until I arrived in the US) - would that suffice? I know my last employer has the attitude: "well she left so I can't be bothered" which isn't helpful, but that is the way they are!

Sorry that there are so many questions! Any advice would be much appreciated, I tried to call the Canadian embassy office in Buffalo but was told that they don't give immigration assistance by phone.

Thanks again.
Josie
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Old Aug 17th 2004, 6:48 pm
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Default Re: Skilled worker visa questions

Many thanks for your helpful responses
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Old Aug 18th 2004, 2:34 am
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Default Re: Skilled worker visa questions

Hi Cygnus

Mr Miller's answer (1) to you is half-baked. You should look at the thread "Passing mark & retroactivity" (last post 27 Jul 2004) which dealt quite extensively on the issue. You will definitely get a better perspective on this issue.

jeff

Originally Posted by Cygnus
Many thanks for your helpful responses
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Old Aug 18th 2004, 2:39 am
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Default Re: Skilled worker visa questions

No, it is not "half-baked" - it is exactly what the current law states. Any other interpretation from your own posts about retroactivity is just a wishfull thinking, nothing more. At least until law or courts say otherwise.

Advising anyone that they will have a case against retroactivity of pass mark is purely misleading.


Originally Posted by jeffank
Hi Cygnus

Mr Miller's answer (1) to you is half-baked. You should look at the thread "Passing mark & retroactivity" (last post 27 Jul 2004) which dealt quite extensively on the issue. You will definitely get a better perspective on this issue.

jeff
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Old Aug 18th 2004, 1:50 pm
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Default Re: Skilled worker visa questions

Let the person assess the different interpretations on this point from the many contributors to the thread (not just mine alone). Humble yourself and do not be so misguided by your obstinate self-righteousness. And it has been shown (in that thread) that your interpretation could not find strong basis on the wordings of the law or otherwise.

Hey, at least I am not shoving down my interpretation. I would just refer to that thread and let the person form his/her judgment. Is that too difficult for you?

jeff


Originally Posted by Andrew Miller
No, it is not "half-baked" - it is exactly what the current law states. Any other interpretation from your own posts about retroactivity is just a wishfull thinking, nothing more. At least until law or courts say otherwise.

Advising anyone that they will have a case against retroactivity of pass mark is purely misleading.
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Old Aug 18th 2004, 2:05 pm
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Default Re: Skilled worker visa questions

The problem is that the entire thread you refert to is about arguing with the clear letter of the law and (at least on your part) accusing me on "wrong interpretation", while telling others that they may have a chance in court.

This is not what the way people should be advised. It is like telling them - go and rob the bank and don't worry about the law as you may win in the court anyway or law may be interpreted later in different way. What an absurd you are promoting here. And who is "misguided" here?



Originally Posted by jeffank
Let the person assess the different interpretations on this point from the many contributors to the thread (not just mine alone). Humble yourself and do not be so misguided by your obstinate self-righteousness. And it has been shown (in that thread) that your interpretation could not find strong basis on the wordings of the law or otherwise.

Hey, at least I am not shoving down my interpretation. I would just refer to that thread and let the person form his/her judgment. Is that too difficult for you?

jeff
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Old Aug 18th 2004, 2:12 pm
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Default Re: Skilled worker visa questions

There has been some legal experience with retro-activity. The judge took the position that for thos who applied before introduction of the new Regulations retroactivity was not permitted because it was not the will of parliament. BUT, that is not the cases with applications made after introduction of the new regularions as the same judge so noted. Thus, if the CIC wishes to apply a new passmark retroactively that will be OK in law because it is clearly in the new law. Mr Miller is correct and scoffers are giving bad advice if they do not mention the distinct possibility of retroactive application of new criteria, including the passmark. I don't like it but it is a completel legal possibility that would survive appeal. Only public pressure might make the CIC think twice about using that power.
Jim Humphries, former visa officer
Originally Posted by jeffank
Let the person assess the different interpretations on this point from the many contributors to the thread (not just mine alone). Humble yourself and do not be so misguided by your obstinate self-righteousness. And it has been shown (in that thread) that your interpretation could not find strong basis on the wordings of the law or otherwise.

Hey, at least I am not shoving down my interpretation. I would just refer to that thread and let the person form his/her judgment. Is that too difficult for you?

jeff
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Old Aug 18th 2004, 9:53 pm
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Default Re: Skilled worker visa questions

Mr Miller,

Obviously, you have failed to understand the issue and I do not wish to regurgitate all that has been said.

jeff


Originally Posted by Andrew Miller
The problem is that the entire thread you refert to is about arguing with the clear letter of the law and (at least on your part) accusing me on "wrong interpretation", while telling others that they may have a chance in court.

This is not what the way people should be advised. It is like telling them - go and rob the bank and don't worry about the law as you may win in the court anyway or law may be interpreted later in different way. What an absurd you are promoting here. And who is "misguided" here?
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Old Aug 18th 2004, 9:59 pm
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Default Re: Skilled worker visa questions

Mr Humphries,

The case refers to retroactivity of the new Act, and understandably so because retroactivity was clearly spelt out for the new Act. But the new Act does not in anyway state that the passmark will be applied retroactively. Therein lies the big difference.

By the way, I am not suggesting anyone should rob a bank and then plead that robbery is not a crime within the clear letter of the law (try something better, Mr Miller).

jeff

Originally Posted by Jim Humphries
There has been some legal experience with retro-activity. The judge took the position that for thos who applied before introduction of the new Regulations retroactivity was not permitted because it was not the will of parliament. BUT, that is not the cases with applications made after introduction of the new regularions as the same judge so noted. Thus, if the CIC wishes to apply a new passmark retroactively that will be OK in law because it is clearly in the new law. Mr Miller is correct and scoffers are giving bad advice if they do not mention the distinct possibility of retroactive application of new criteria, including the passmark. I don't like it but it is a completel legal possibility that would survive appeal. Only public pressure might make the CIC think twice about using that power.
Jim Humphries, former visa officer
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Old Aug 19th 2004, 1:20 am
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Default Re: Skilled worker visa questions

Well, this is tiring but I will try once again. What the regs do say is that an applicant must meet the requirements in force at the time of selection and at the time of visa issuance. It is clear from this and fully understood by most, that this was intended to apply changes in, say, the passmark, retroactively. For some reason this issue is highly emotional with you and has lead to rather insulting behaviour on your part. I urge you to edit your posts so as to remove their ad hominum element.

Originally Posted by jeffank
Mr Humphries,

The case refers to retroactivity of the new Act, and understandably so because retroactivity was clearly spelt out for the new Act. But the new Act does not in anyway state that the passmark will be applied retroactively. Therein lies the big difference.

By the way, I am not suggesting anyone should rob a bank and then plead that robbery is not a crime within the clear letter of the law (try something better, Mr Miller).

jeff
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Old Aug 19th 2004, 1:33 am
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Default Re: Skilled worker visa questions

It would seem logical, apart from anything else, that the applicant should have to meet the requirements both when assessed, and also when the visa is issued.

For example, someone with no criminal record when his application is assessed, but then has a criminal record by the time the visa is issued, should surely not be given a visa just because he met the requirements originally.
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Old Aug 19th 2004, 7:02 am
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Default Re: Skilled worker visa questions

Originally Posted by Karen S
It would seem logical, apart from anything else, that the applicant should have to meet the requirements both when assessed, and also when the visa is issued.

For example, someone with no criminal record when his application is assessed, but then has a criminal record by the time the visa is issued, should surely not be given a visa just because he met the requirements originally.
Where is there any evidence that all applicants have to re-supply Police Certificates at the time of Visa issue? If you take this into account ALL documentation may be different from that which was supplied at the time of the original application. Therefore to submit all applicants to the same rules at the time of Visa issue applicants would have to have all documents re-checked and processed for verification. This would take at the current time scale 18-24 months to complete before Visa issue at which time documentation may be different from that which was supplied at the time of the original application. Therefore to submit all applicants to the same rules at the time of Visa issue applicants would have to have all documents re-checked and processed for verification.

Etc Etc.
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Old Aug 19th 2004, 11:31 am
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Default Re: Skilled worker visa questions

At the time of my application my age is 50, if my visa is issued I could be 52 and may not meet the criteria. Does this mean that I will be refused a Visa because my age has changed??

Retrobloke
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Old Aug 19th 2004, 1:04 pm
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Default Re: Skilled worker visa questions

No, rules provide a lock-in date for age - see Immigration Manual, OP06, section 10.12

Originally Posted by retrobloke
At the time of my application my age is 50, if my visa is issued I could be 52 and may not meet the criteria. Does this mean that I will be refused a Visa because my age has changed??

Retrobloke
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