Recent changes to Canada’s immigration legislation have called for the closure of Federal Skilled Worker (FSW) files submitted before February 28, 2008. Many who applied before this date have been confused and upset by this decision, and want to know what they can do to fight it.
Click Here to Learn What You Can Do
This article’s intent is to explain, generally, why the decision was made and what recourse applicants have to protect their rights and seek justice for their cases.
A Brief Background
Compared to similar countries, Canada enjoys a high level of immigration as well as a robust economy and a culture that is welcoming to newcomers. For these and other reasons, thousands of prospective immigrants from around the world apply for Canadian immigration each year. Historically, the largest and most popular program through which to do this was the Federal Skilled Worker program. The FSW program allows successful applicants to come to Canada as Permanent Residents and land anywhere in the country except for Quebec. The Province of Quebec has its own skilled worker program, which has not been affected by the recent legislation and remains open.
Under the old system, applicants to the FSW sent their applications to the Visa Office responsible for their area of residency. Visa Offices were given limits as to the number of FSW visas they could issue each year. However, no similar limits were placed on application intake. What resulted from this discrepancy was a rapidly growing backlog that in 2008 totaled around 600,000 applications.
In an effort to address this issue and to reduce the backlog, in February 2008 the Canadian government amended the Immigration and Refugee Protection Act, which contains the laws governing immigration procedures. The amendments granted the Canadian Immigration Minister the authority to take action (issue instructions) such as establishing application intake quotas, new application requirements, and new immigration categories. The changes in this amendment apply only to applications submitted on or after February 28, 2008.
Since the amendment, several Ministerial instructions have been issued. Amongst these were:
- Limiting FSW application intake to individuals with skills in one of 38 fields (later reduced to 29), Offers of Arranged Employment, or those currently working in Canada
- Introducing an intake cap of 20,000 (later reduced to 10,000) on those applying in the aforementioned specified fields
These new instructions created a hierarchy within the files waiting to be processed. Newer files, submitted under the new requirements, were processed faster than those submitted before February 28, 2008. Some pre-2008 applications still resulted in visa issuance – in fact, 34% of issued visas in 2011 were from pre-2008 submissions. However, most were left to sit.
Decision to Eliminate the Backlog
On March 30th, 2012, new legislation was introduced dictating that any application that had not received a positive decision as of March 29th, 2012 would be terminated. The applications submitted prior to 28 February 2008 as well as government processing fees would be returned to the senders. Because of this decision, approximately 95% of the remaining pre-2008 applications will be returned. This amounts to the elimination of approximately 300,000 applications.
The legislation for this decision was included as a small part of the large annual budget bill, known as “Bill C-38”, which was passed by Parliament. However, because some lawyers are currently challenging the legality of the new laws, it is likely that no action will take place until these court proceedings are resolved.
The Immigration Minister has stated that the decision to terminate these applications is a necessary step in transforming Canada’s immigration system into one that is “fast and flexible”.
“The Federal Skilled Worker Program backlog is a major roadblock to Canada’s ability to respond to rapidly changing labour market needs,” said the Minister. “Having to process applications that are as many as eight years out of date reduces our ability to focus on new applicants with skills and talents that our economy needs today.”
Court Case Against the Decision
The legality of this decision is questionable, to say nothing of its moral and ethical implications. Because of this, a group of immigration lawyers, including Attorney David Cohen, is bringing a case against the Canadian government. They hope to stop the legislation from taking effect and to bring justice to those individuals whose applications are scheduled to be terminated.
What You Can Do
If you submitted an application to the FSW program before February 28, 2008, and a selection decision on your application was not made by March 29, 2012, you can add your name to the list of applicants challenging the government’s decision. Attorney David Cohen is acting as co-counsel in the effort to prevent Citizenship and Immigration Canada from terminating pre-February 2008 applications. He is currently representing approximately 200 applicants.
The case is still in its beginning stages. However, lawyers have already secured a 90-day halt on returning any applications or government fees. If we are successful, it is possible that all affected individuals may benefit from the outcome of the court case even if they have not joined the litigation. However, by joining us at this time you can be certain that your application will be included in any successful court decision or negotiated settlement that is reached with CIC.
The more applicants who are willing to take a stand against the decision, the stronger message they will send to the Canadian government in court. You can take a stand now by clicking the link below and paying a one-time deposit:
CLICK HERE TO CHALLENGE THE GOVERNMENT’S DECISION
By making your one-time payment of USD $500 and filling out your case information, you will be added to the quickly growing list of claimants. The immigration lawyers fighting for your case will take it from there, building an argument and presenting their case in court. In this way, you can make sure that your voice is heard, and if a decision is made that benefits pre-2008 applicants, you will be the best position receive your just rewards.
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{ 66 comments… read them below or add one }
This is an unfair decision, but I see people still getting their immigration going through, who have applied 10 year prior to us.
Dear David,
I am a post 28th Feb 2008 applicant but still my case was rejected due to this legislation and i received a letter stating regarding the refund of processing fee when this legislation was passed, so can i also participate to challenge the government’s decision.
Regards
Hassan
Dear David,
I have applied for Federal Skill worker before February 2008. Please note that already I made payment two installment to you. Unfortunately I didn’t communicate with you. Is it possible to reinstate my case?
Sincerely
Shiran Sylvester Gomes
Bangladesh
The Canadian government will lose its credibility , of a fair, safe and just country if it takes the decision to closes the files of applicants who have applied before 28th Feb 2008.
The government has shown the world that Canada’s integrity is questionable ! by destroying those who have patently waited for years to enter Canada legally .
Naturally these prospective immigrants will work as hard as possible, and will contribute to the evolution of Canada of the future!
The minister must look at the menace of illegal immigrants who have abused the laws of the land , rather than closing the files of those people who would respect the laws of the country which they intend to make their home .
Sir,
I have submitted fILE in JAN 2007. What will happen? Minister has to think our situation . This is like 3 lacs applicant travelling on Titanic board and about to sink in the Sea.
Hi
My application was received for immigration by 11-02-2004.My assessment mark summary is69.My application forwarded to FRR on 25-02-2010.All this information I got to know when my sponsor put a request under the access to information actor the New Delhi CAIPS notes.After Feb25,2010 no any kind of processing is done.What shud be done,totally confused n tensed.
I’m very disappointed with the decision made by the immigration and it’s really unfair for us waiting for a very long time then they will just returned our applications. My application is almost on it’s 75 months and I’m interested with your suggestion and I hope the one-time payment would be affordable for us applicants. Thank you for your concern.
Dear Sir
we applied for Canada immigration on 2007 i.e. before February 2008 and our medical completed on December 2011 and still we didn’t receive our visa notification ,
could we know , what is our classification according to the above article?
We have applied as an entrepreneur in 2007 but still we are waitng.What should we do?Regard
Thanks for ypur response. Meanwhile, I have done the Free Assessment and found to qualify, infact, I scoured above 67 point. Also, my skill matches about 3 of the skills aproved by the CIC. As a result of this, I have submitted my application forms to the CIC office in sydney, Canada and awaiting response from them.
mr. Cohen, pls dont ask us to send you a blank check, let’s be transparent, show your firm’s retainer amount 1st. thank you.
Judging from the poor english skills demonstrated above..it seems the Gov’t did the right thing.
what a ruthless way to deal with genuine law abiding applicants,not expected from a country ranking topmost in human rights protection issues
In fact, should they return the pre -2008 applications, they must compensate for keeping us waiting through all these tortuous years.This action on part of the Canadian govt; is like a child suddenly refusing to obey and trying to flee the responsibility.
They should keep in mind that by stating vice in beautiful words,it never turns out to be a virtue!
Dear Friends
Canada is not a land of opportunity any more. It’s very difficult to find a job here in Canada.
If you educated people still wants to drive a TAXI and work as Chef, Janitorial, Cashier, Working on petrol pumps than your are most welcome.
I know It’s very hard to face the reality but it;s reality.
Shafqat Tanzeel
High Commission of Canada
Immigration Section
P.O. Box 1639, 42 Independence Ave, Accra, Ghana
Fax (233-21) 211-524 -www.accra.gc.ca
Haut-commissariat du Canada
Service Immigration
B.P. 1639, 42 ave de l’Indépendance, Accra (Ghana)
Fax (233-21) 211-524 -www.accra.gc.ca
Date: 29-12-2008
Dear MOBOLAJI SAHEED AKANBI ,
This letter is in reference to your application for permanent residence in Canada, received on 25-09-2006. Citizenship and Immigration Canada requests that you confirm whether or not you are still interested in immigrating to Canada.
If you are no longer interested in immigrating to Canada and you wish to withdraw your application, please complete the enclosed refund request form and return it to the Canadian High Commission in Accra, Ghana within 120 days and we will return your full application fee.
If we do not hear from you within this time frame, we will assume your continued interest in immigrating to Canada, and your application and fees will be retained for future processing. No further offers to return your fee will be sent. When we are ready to actively begin processing your application we will contact you to request your updated information, however at this point you will not be eligible for a refund of your processing fee.
Thank you for your interest in Canada. If you are no longer interested in immigrating to Canada and would like a full refund of your application fee, please notify us within the next 120 days.
Regards,
Immigration Section
******************************************************************************************************The above letter was sent to me and many other applicants in similar situation asking if we still want to remain in the queue else our money will be refunded. I feel this is where they got it wrong and I wish the lawyers take this on board to the court. At this junction, we should jointly look for a solution not necessary a legal battle..What I will recommend is for the Canadian government to initiate another mail like the one above for us to respond to with up to date relevant experience.There are some people in these categories whose records have not been updated for a while, some with invalid email addresses , some addresses have changed, some have died e.t.c.. I believed doing this exercise again will definitely reduce the backlog of 280,000s applicants pre-Feb 2008.
Also, some applicant like myself have immigrated to another country and by the processing time i have exceeded the time frame if my application was transferred and treated at the current place of my residence. The government really need some help going forward.There are some of these embassies that have less applications to treat. .The door should be open for applicants to move their applications to those countries
We must see to the end of this case. LET US ALL SAY NO TO RETURN OF APPLICATION
High Commission of Canada
Immigration Section
P.O. Box 1639, 42 Independence Ave, Accra, Ghana
Fax (233-21) 211-524 -www.accra.gc.ca
Haut-commissariat du Canada
Service Immigration
B.P. 1639, 42 ave de l’Indépendance, Accra (Ghana)
Fax (233-21) 211-524 -www.accra.gc.ca
Date: 29-12-2008
Dear MOBOLAJI SAHEED AKANBI ,
This letter is in reference to your application for permanent residence in Canada, received on 25-09-2006. Citizenship and Immigration Canada requests that you confirm whether or not you are still interested in immigrating to Canada.
If you are no longer interested in immigrating to Canada and you wish to withdraw your application, please complete the enclosed refund request form and return it to the Canadian High Commission in Accra, Ghana within 120 days and we will return your full application fee.
If we do not hear from you within this time frame, we will assume your continued interest in immigrating to Canada, and your application and fees will be retained for future processing. No further offers to return your fee will be sent. When we are ready to actively begin processing your application we will contact you to request your updated information, however at this point you will not be eligible for a refund of your processing fee.
Thank you for your interest in Canada. If you are no longer interested in immigrating to Canada and would like a full refund of your application fee, please notify us within the next 120 days.
Regards,
Immigration Section
******************************************************************************************************The above letter was sent to me and many other applicants in similar situation asking if we still want to remain in the queue else our money will be refunded. I feel this is where they got it wrong and I wish the lawyers take this on board to the court. At this junction, we should jointly look for a solution not necessary a legal battle..What I will recommend is for the Canadian government to initiate another mail like the one above for us to respond to with up to date relevant experience.There are some people in these categories whose records have not been updated for a while, some with invalid email addresses , some addresses have changed, some have died e.t.c.. I believed doing this exercise again will definitely reduce the backlog of 280,000s applicants pre-Feb 2008.
Also, some applicant like myself have immigrated to another country and by the processing time i have exceeded the time frame if my application was transferred and treated at the current place of my residence. The government really need some help going forward.There are some of these embassies that have less applications to treat. .The door should be open for applicants to move their applications to those countries
We must see to the end of this case. LET US ALL SAY NO TO RETURN OF APPLICATION
Dear David,
The reduction method is very rude and not understanding the pain of disappointment every applicant going through. I plead CIC to reconsider and clear the FSW applicants who had applied before 27 Feb 2008. A country like Canada should never do injustice to the innocent applicants. \
Thanks
I think the government need to place a permanent ban on giving landed documents to people over 65 period. This is one way to remove permanently some of the back log and relief much strain off the Canadian healthcare system resulting in the saving of lots and lots of money…$$. The current temporary system that was put in place is perfect and should be made permanent where the old folks get a 10-year Visa with the sponsoring party responsible for providing health insurance for them, they are allowed to stay for 2 years max then return to their country with the option of returning again if they so chose.
Dear Sir,
I just want to ask if I still have to do with my application. In my case I applied as FSW (as Radiolgic Technologist) Three years ago. Last February the Embassy (Philippines) ask a proof about my relatives in Canada, i produce that documents in a given time. Early this March 2012 I received a letter from the Embassy stating that they are denying me because I do not have or i did not provide them an evidence of work experience. Why they don’t ask me for that documents after i provide them all the documents they asks? One more thing sir, until now they did’nt return my payment yet. I ask them why (trough email) they said that i will wait for the closure letter. Is there asomething I can do about this sir? Can I still fight for my application?
Thank you very much sir….
I have applied 1SEPT. 2004 and updated my documents on oct.2008. .Would you like to suggest me to file against the canadian govt.
Sushma
Dear Sir,
If our applications are revoked/cancelled, does this imply that we can re-apply under the new terms?
Best Regards
i applied my file 13 august 2004and updated my document december 208. please suggest me should i apply the case against the canadian government.
I applied in Feb 2004 and updated my document in Aug 2008.Would you like to suggest me to file against the Canadian Govt.
this is really cheating from governent.becsuis this infact our timevesting.
pl.be fast and appoint another contract base person to immigration section.and
clear the backlog..
same incedent happed in uk..HSMP..so try to lear form that and clear the backlog..
jigar vakil.
Its very unfair for the affected immigration applicants by just denying their application without valid reason just because Canada wants young folks to fill up their labor markets after we were kept waiting for a long time when in fact we are much skilled with more experience than the younger generation who will be given a chance to migrate to Canada. They should be responsible for having big backlog, and not to pass their wrongdoings to innocent applicants who are just waiting (for a long time) for their actions.
NO TO RETURN OF APPLICATIONS AND REFUND OF MONEY, we have waited so long the money we paid for the processing of our application is of no value for our failed dreams of giving our family a good future while contributing to the economy of Canada, SO UNFAIR
The decision is really undesirable. I am waiting for the decision for last 5 years. If Govt. want return my application. Govt. must to pay penalty in terms money to me, because my application fee is still with govt.
I applied FSW program November 2007 & I get a fill number. After 4 years, this is an unfair decision. We do’nt except form gc.ca.
i am one of Pre-2008 applicant, i appliwd in 2005, after that i start to prepare my self to immigrate to canada, i didnt accept any permenant job, i just start to do my PhD and start to learn english and freanch and improve my skill for immigration
my point for immigration was 78, i was sure that evry thing going smoth and nothing happened for my immigration file, during 2010 & 2011 my NOC was one of the NOC which CIC need for immigration, i explain to my freand how to apply forcanada immigration, i dint apply again in 2010 , 2011 because i was so sure that my application will finish soon, i didnt expect they just simply cancel all pre 2008 applicant, during this time i chase my freand to take IELTS exam, and prepare the document , i always told him comon , you preoare your thing fast to come with me to Canada, finaly he applied in 2011 with same NOC we were clasmate, his point for immigration was 68 and Now!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
he get his visa last week , but my application canceld Unfair,
i just want to ask why???
if they still need same NOC and there is a big amount of backlog why they never take us from backlog and proceed our application faster???
why they didnt inform us before to apply with new MI2 & MI3 program
this is totaly Unfair
Good morning…I want fight with Canadian government against this decision in federal court. So how could i get help from lawyer? should i hire lawyer to file in court or i can file direct via mail. waiting your prompt response. Thank you and have a good day.
this is unfair on behalf of canadian government of taking such harsh decision. Infact they s’ process all applications before 2008. This is in their favour because if parents are professionals their kids have also completed professional degrees so with one application atleast one more qualified professional will contribute to canada development.on
I have applied for FSW in may 2004 & my case updated in oct2008,would i file against new immigration law
Judging from the poor English skills demonstrated above..it seems the Gov’t did the right thing.
I have applied for Canadian Immigration on 27/04/2007. But now the Canadian Government has decided to terminate my application. I think it is injustice because I have waited for more than 5 yrs.
Hello Pradip,
By following the link in the article above, you can find information about joining the class action lawsuit. This means that you would have a team of lawyers representing you and other pre-February 2008 applicants.
Best,
The CIC Team
Dear Sir
I am pre Feb.,2008 FSW applicant for Canada immigration interested in joining Canada class action against bill# C38. Due to some constraints/problems i can join in mid September only.
Is there any last date for joining? Can I join litigation in mid September?
Please send information
md.naeim ahmed,
Who do you think you are to judge about people or their English level Even in a simple sentence your level of English is crying poor itself. So the government that bully you as Muzi and terrorist is right then? no wonder people like you have changed the face of this country to a fanatic fascist state like the place you are from. So for the sake of Canada please go back to your own land and leave Canada for open-minded people.
It was clearly stated in the CIC e-mail that no further offer to return processing fees would be made. This is where they got it wrong and miss lead thousands of applicants which impacted on individual plans resulting to missed opportunities which cannot be quantified.
Hello Naresh,
There is no guarantee that you will be able to join in September. However, there is no deadline to joining the Class Action Lawsuit, so check back when you are able to join, and hopefully the option will still be available to you.
Best,
The CIC News Team
Dear Sir,
I am pre Feb.,2008 FSW applicant and wanted to join Canada class action against bill# C38. If I join class action may I get any file number or how can I know my status. Please advice me. Thank you.
I am also waiting for a fair decision for my application, submitted before 2008. When i heared the news about the termination of all applications submitted before 2008, i was shocked. I was very hopful about my case because of my points. I am a teacher and I have provided all the documents requried for the process. I submitted my application in 2008 and i am waiting for my immigration. I have refused many good oppertunities because of the Canidian Immigration. Im very disheart. Canadian Government should not take this heartbreaking and torturing dicision. Hopful for quick procedure for all applicants.
Dear David Cohen,
I registered myself in 2004.Got a call for updation of documentation in 2010 and submitted all my documents.Now all waitin for Medical Calls,Suggest me What to do
Regards
Harinder Singh Saini
Hi David,
iam FSW pre-2008 applicant, can I still join this litigation and be included list? Please advice.
regards, Edgar
Dear David Cohen,
When you are going to file class action law suit in the supreme court? and how much time court will take to confirm/rectify it as a class action law suit
The Canadian government is not fair to these prospective immigrants it will lose its credibility if it takes the decision to closes the files of applicants who have applied before 28th Feb 2008.
The applicants have waited for years with initial waiting period of 44 months, they keep on increasing this period and now in one go decided to close the files, they are destroying career path of those who have patiently waited for years to enter Canada legally..
Naturally these prospective immigrants with good qualifications will work very hard and will contribute to the development of Canadian economy along with their future!
I humbly request authorities to reconsider their proposed decision.
.
This is really a very unfair decision. I have no language to protest this.
i applied in 2006 and waiting til now what will happen any one know?what will occur in the future…how much we need to wait more.
If CIC doesnt need immigration then it is better to clean the application by scraping all the file and just stop asking for skilled immigration , Canada just need educated worker .. where is transparency where is human right, waiting for more then 8/9 years. for only for decision.
In this way how canada can make smooth immigration process. just waste of time and money.
It is better cancel all the immigration process and better cultivate baby by own then it will be better for cic … so i suggest to start to give birth of child … per couple 8 / 9 child … 8/9 child policies…
If you have already applied and waiting for reply then fight for it.
If you are planning to apply then better not to apply for Canada as CIC is sleeping and always changing policies. It is better to apply other where process is fast. Not as snoring lazy dog.
I am one of those pre Feb 2008 applicants. I filed mine on Sept 2005. I also received a letter confirming our interest to push through with the application by simply not responding to it. this recent government decision to cut down drastically on their backlog is very very disappointing. Like many others, i look up to the government system of Canada ( “our dream boat country”). Also like many others, the years of waiting has taken out so many opportunities from each of us because we have been reserving ourselves looking forward to our “processed documents”. thus it is very unfair if the new law will take effect and simply return,unprocessed, those applications to individuals who have patiently waited for years, in my case I’m on my 7th year now! Back when i submitted my docs my children, my dependents were elementary and high school graders. Now my eldest has graduated from College and the three others on their bachelor degrees. I wonder how the time lapse will affect our points if i ever get denied this time and decide to re apply under their so called “new system”. then what, wait for another uncertain period to time? Something has to be done about this. the government of Canada may have the genuine intention of making good with their immigration processing system but please don’t pass the burden to us applicants who have toiled so hard completing our documents ( and even submitting some original personal credentials) and then waiting patiently for years only to be surprised by these frustrating developments. It is only right to streamline the system in order to respond effectively but please do not “retroact”. It is not fair to everyone!
I am also a post 2008 applicant and i strongly condemn that kind of cheap act of canadian govt. toreduce the backlog . there are other ways to reduce the back log like employing more staff to tackle the applications and they should give preference to those who applied first. and also they have to stop the new applications immediately like australia have announced that it will first tackle the old application and then it will start looking towards the new ones..
i really starting thinking very bad about canada after this act .
shame on canada. I am speechless ,,,,this procedure can not be done in a third world countery, how come it happens in canada?
and the shock is: they did not inform anyone on individual basis whether they are included in this action or not,,,leaving most of us wandering ,,,,they do not reply e mails either,,,,
treating us like we do not exist.
WELL , we do exist and many of us have PhD education and well established lives in their home countiries,,,,we were only dreaming of a place where is more humanity ,respected law, and better human rights.
I feel so offended and I wish if they close the Canadian embassy in my country
Hi,
i am surprised and i still don ‘t believe how a civilised nation
can do like this? Canada has demolished its credibility because of a dictator kind of
minister. I think government is supremme there rather than law.
I want to fight against this law on any cost.
A lot of well deserving immigration cases has been returned to potential immigrants, leaving them speechless. Such practices by the country is damaging its image all over the world.
Immigration and citizenship minister should consider re-application of all the cases immediately to resolve the frustration among applicants.
Thanks.
DEAR MR KENNY
HOW CAN A PERSON LIKE YOU BORN AND BROUGHT IN A LIBERAL OPEN MINDED COUNTRY LIKE CANADA AND GETTING A EDUCATION IN THE US BE SO IRRATIONAL. I AGREE WITH ALL THE POINTS YOU HAVE MADE WITH REGARD TOO IMMIGRATION. BUT YOU CAN NOT CHANGE YOUR REQUIRMENTS MIDWAY AND SAY THAT ALL ALL PRE 2008 PEOPLE DONT STAND A CHANCE. THEN YOU COME WITH FAST TRACK THEN CAPPING OF IMMIGRANTS I..E.. 20000 PER YEAR THEN REDUCE IT TO 10000. YOU SAY ITS JUST A APPLICATION … GOOD . TODAY THE ECONOMICS IS IN THE EMERGING I..E.. ASIA…INDIA CHINA. THE PEOPLE WHO WANT TO COME TO CANADA COME FOR A BETTER LIFE WHICH MAY NOT BE GURANTEED IN ASIA. NOW IF CANADAIN ECONOMIC INTERETS START BEING HARMED IN INDIA WHICH WE CERTAINLY WILL ENSURE AFTER YOUR IMMIGRATION POLICY HOW WOULD YOU REACT , AND WE SAY IT WAS ONLY A M.O.U WE SIGNED AND DID NOT MEAN IT AND PEOPLE LOSE JOBS BACK IN COOL NOT SO COOL CANADA. PLEASE MR KENNY DONT BEHAVE LIKE A IMMATURE POLICY MAKER IN DEALING WITH SENSITIVE ISSUES. HAVE MORE MAGNANIMTY FAIRNESS ,MATURITY AND A SENCE OF INTERNATIONAL OPINION OF THE DECISIONS YOU MAKE.
DEAR MR KENNY
PL DO REFER MY LETTER ABOVE WHICH I ADDRESSED TO YOU . I AM STILL WAITING FOR A MATURE APPROPRIATE ANSWER ON THE ISSUE. YOU SEEM TO BE TOO BUSY LEGISLATING MORE SEVERE ,PENAL ANTI IMMIGRATION LAWS THAN ANSWERING PEOPLE WHO PUT THEIR FAITH IN YOUR GREAT NATION AND IN YOUR HANDS. SO REPLY TO THIS OPEN LETTER DOES SEEM TO BE A FAIR AND LOGICAL ASPECT TO DO SO. PEASE DO NOT COPLY NEW ZEALAND IMMIGRATION MINSTERS CONCEPT IN THE 1990S WHEN SHE CANCELLED A BACK LOG OF 10000 CASES AND LEGISLATED THE IMMIGRATION CHANGES TO FASILITATE THEIR PPERCIVED WAY OF DEALING WITH ISSUES. ULTIMATELY THE HONARBLE MINSTER IN NEW ZEALAND HAD TO ACCEPT AND CLEAR THE BACK LOG OF IMMIGRATION CASES. MR KENNY THINK ABOUT PROPERIETY AND FAIRNESS AND MATURITY LAST OF ALL MORAL UPRIGHTNESS AND COMMITMENTS. I AM SUPRISED THAT AFRICAN COUNTRIES, ASIAN COUNTRIES HAVE SHOWN FAR GREATER KINDNESS AND MAGNANMITY TO ISSUES OF IMMIGRANTS WHO HAVE BEEN VICTIMS OF VILOATION GROSS HUMAN RIGHTS AND ABUSE, BY GRANTING THEN IMMIGRATION AND SHARING THEIR MEGER RESOURCES WITH PEOPLE WHO MIGHT BE IN MORE NEED . I AM AFRAID CANADA UNDER YOU AND PM HARPER WOEFULLY LACKED IN THIS ASPECT. HONOUR YOUR COMMITMENTS THAT IS WHAT GREAT NATIONS ARE MADE OF MR MY DEAR MR KENNY.
REGARDS SANJEET
NOTE.PLEASE DO PUT UP THIS LETTER TO THE HONARABLE IMMIGRATION MINSTER.
Backgrounder — Frequently asked questions: Fee Returns for Federal Skilled Worker applicants
The content below is offered in PDF format. For more information or to download the appropriate viewer, check the Help page.
Q1: How will I know if I am affected by the Jobs, Growth and Long-Term Prosperity Act and if I am entitled to having my fees returned?
If you applied before February 27, 2008, and have not heard from CIC about whether a decision based on Federal Skilled Worker (FSW) program selection criteria was made on your application, you could be affected by this new law. CIC encourages those in this situation to fill out this online form (PDF, 1.4 MB) so that their fee return – if they are part of the affected group – can be processed.
If you send us the form and you are not affected by the law, we will advise you that you are not on the list of affected individuals. In that case, processing of your FSW application will continue and you will not receive a fee return.
Q2. How many people will you be returning fees to?
CIC will be returning application processing fees and Right of Permanent Residence Fees (where paid) to approximately 100,000 principal applicants on behalf of themselves, their spouses and dependants. (*Note that the Right of Permanent Residence Fee was formerly called the Right of Landing Fee.)
Q3. Is there any reason why I wouldn’t get my fees returned?
The new law affects FSW applicants who applied before February 27, 2008, did not have a decision based on selection criteria before March 29, 2012, and whose cases were not finalized by June 29, 2012. If an immigration officer refused your application before the law came into force on June 29, 2012, you will not get your money back.
Q4. How do I get my fee return?
Please submit this form (PDF, 1.4 MB) including your current contact information. Upon receipt of your form, CIC’s centralized task force in Ottawa will ensure the mailing address provided is used to mail your cheque. The cheque will be issued in the appropriate currency known to be cashable in your country of residence. The final amount will be based on the exchange rate on the date of cheque issuance.
Q5. How long will it take for me to get my cheque?
Given the number of people affected and the verification processes required to ensure due diligence, CIC expects that it will take some time to process all fee returns, with the majority issued in the first year. We appreciate your patience.
Q6. What if my cheque gets lost in the mail?
Please be assured that all the necessary steps in Canada will be taken to ensure that they successfully reach the intended recipients. We are not responsible if applicants do not provide us with their updated mailing address. While every effort will be made to get cheques to intended recipients, we cannot be responsible for the mail delivery services of other countries.
Please be patient and wait at least six months from the date the form was sent to CIC before inquiring about a possible lost cheque. This is to account for issuance and mailing delivery delays.
Q7. Can I request to have the fee put toward a new application?
No, individuals affected by the new law who wish to submit a new application under the current criteria for the Federal Skilled Worker Program (or any other immigration program) must submit new documentation and fees.
I am not defending the wholesale cancellation of 300,000 applications, but Canada has a HUGE problem in that its old visa system was fundamentally flawed. The FSW program allowed skilled people to land in the country WITHOUT a pre-arranged job, and saw the spectre of many highly-qualified immigrants driving taxis, delivering pizzas etc…These are unskilled jobs which immigrants are then competing for with other Canadian residents. Whether we like it or not, Canadian employers tend to employ Canadian citizens over newly-arrived immigrants, and so the recently arrived immigrants end up basically being unemployable. They then become a burden on the state and the quality of life in Canada that they had once dreamt of descends in a nightmarish existence. So, intending FSW migrants need to be REALISTIC in their expectations…unfortunately the FSW program didn’t encourage this. IMHO the Canadians should adopt a visa systems similar to that of the US – of all the systems I’ve seen in the world, this one seems to work reasonably well (none are perfect, of course).
Dear All,
Don’t worry we all are in same queue. Can you think that we are going to a country which is treating human beings like animals. 6, 8, 10 years all of us waited, missed many good oppurtunities that we have achance to go to Cananada.
What they did with us?
Canada should be ashamed of its decision. it is very cruel and unjustice.
terminating the applied applicants is a double shock to the applicants who are seeing forward to canadian govt.
i applied for pr in canada toranto on march 2005. all plans were dashed to grounds when canada govt. suspended applicatios to process 280000 applicants suffered mentally and progress was demolished causing mental agony and ridiculed applicants for no fault. canada govt should pay damages to all suspended applicants 3times amount +damages to us. what a shame for such qualified applicants on applying to pr. what is our fault. i protest to unfair gesture of canadian govt are we unlucky or govt is incalloous towads innocent indians
The action by the Canadian Government to terminate the applications that they did not process within the prescribed timeframe set by them has caused immense agony. It is a very traumatising experience. In my case, the immigration department had collected all original work reference letter for verification in October 2008, this was 50th month since lodgement. We did not hear from them until date, except for the news that says over 280000 applications have been terminated. Questions arise on whether it takes 50 months from the time they say our application has reached the final stage, for them to realise that the applications are stale. Is this the case for applicants from Asia alone or across the globe. We really do not see the ratio of applicantions terminated across the world being mentioned. The online Services, which provides status update has not been updated since June 2012. There should be a redressal mechanism. If the aplications are not going to be processed, the applicants should be compensated for the trauma caused. The value should be really big enough for the Government to think about the pain this decision is causing to genuine applicants who have been waiting patiently and eagerly to start their life in Canada.
this is totally wrong. Fairness and justice need to be given. why pay extra while other successful applicants have just benefitted.
this is totally wrong. Fairness and justice need to be given. why pay extra while other successful applicants have just benefited. Please help us. i am waited, last 9 year this is not fairness Canadian Govt Waste my 9 year.
Case submitted on Nov 2004
Neither any response nor return of fee
Can you help?