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Canada Immigration old process FSW Applications - learning your options

>> Monday, April 2, 2012

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The news coming from the Canadian government that the Canada Immigration old process FSW Applications filed before February 27, 2008 will be returned is very disappointing for everybody.

At present this is being passed through parliament and many are complaining about the legality of this move.


Citizenship and Immigration Canada (CIC) claims that it has the power to put this in place, whether this is legal or not will sure be a subject for debate.

Although I must say that the more important question now is, What are the options or remedy for those who will be affected with said change?

You may refer to the Questions and answers page presented by the Citizenship and Immigration Canada Website: Click on this link to answer Canada Immigration old process FSW Applications concerns

Who would be affected if CIC removes the FSW backlog?

Under the proposed changes, CIC would close, return and refund Canada Immigration old process FSW Applications if they:

* applied before February 27, 2008, and
* have not had a decision made by an immigration officer based on selection criteria by March 29, 2012. (information on selection criteria is in this link)

Citizenship and Immigration Canada mentioned that they expect this would affect around 280,000 people including dependents.

If the proposed law is passed, CIC would begin to return the full amount of fees paid by affected FSW applicants.

[Source: http://cic.gc.ca]

At Canadian Immigration Consultancy we understand that it will not be easy to accept this move by the Canadian Government more so if you have waited for almost 8 years only to be told that your application will no longer be processed.

It really is not fair, we are with you with this sentiments, that is why even if they do return your application, we will not stop in our cause to help you reach your plans to immigrate to Canada by coming up with a program on how you can continue to avail of our services even if your application is returned.

I'm still interested to live and work in Canada, what should I do?

The process has gotten more difficult. But for something as valuable as an immigrant visa to Canada, it is still worth it. For those with the skills, education and English ability there is no investment that is going to yield a higher return on investment than an immigrant visa to Canada. The investment is small, the risk is low, compared to the benefits an immigrant visa will bring to those so fortunate enough to get an immigrant visa to Canada. Take charge and pursue your goals, “Get Ready”.

Option No. 1: Submit a new application under the new Federal Skilled Workers program

The Canadian government is taking a bold step in clearing their backlog of immigration cases. The Canadian government feels they must be able to change more quickly to the needs of employers. It means anyone interested in immigrating to Canada in the future must be “Ready at All Times” to file their application when their occupation opens or when they get selected by a Canadian employer for a job.

Another Ministerial Instruction on the Federal Skilled Workers application is expected to issued this coming July 1, 2012.

If your occupation is included in the new priority list, you will have a very short window of opportunity to be able to take advantage of this opportunity. Preparation starts now. Consider taking the IELTS Exam; get your documents ready; get your credentials assessed if your occupation is regulated in Canada. In other words, be ready to enter the door when it opens this July 2012!

Option No. 2: Provincial Nominee Program

Use your network of relatives and friends to help you find employers in Canada or to provide Provincial Nominee support.

Ask around and find out where your friends and relatives are. Manitoba for example offers a very easy Nominee program in Canada. To read more about the Provincial Nominee program of Canada click on the following link:

Provincial Nominee Program Summary

Option No. 3: Student Visa

This option is for those who no longer have the ideal age to submit a new application. If you have children in university or newly graduated, another path is for them to take advanced educational courses in Canada. Doing so will give your children the opportunity of working in Canada and then converting their visas to an immigrant visas. Even though the Canadian government is slowing down the reunion of parents, they are offering the super visa that will allow parents to go to Canada and live with their children.

Moreover, if you have children who already has 4 years Work experience they may already have the opportunity to apply for the Current FSW program of Canada.

This is unfair, I want justice! I want my voice to be heard!

In the past, there was the Grandfather clause which means every time there are changes in Canada's immigration regulations, an applicant who applied ahead of said change will no longer be affected. But this time, the Immigration Minister seems to be capitalizing on Bill C-50 which gave him the power to decide which application shall be process quickly, put on hold, or worst, to be returned unprocessed.

However, there are those who argue that the power given to the Immigration Minister was limited only to applications filed after Feb 27, 2008 and that returning the applications filed before the said that is unconstitutional.

A class-action suit may soon be initiated if they wipe out the backlog this way. Subscribe here via Email to get updates.

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Author Jay Enrique A. Araneta Paranaque City, Metro Manila, Philippines Senior Consultant Canadian Immigration Consultancy, International Sales Director, International Job Recruitment Agency, Inc. You may email the author at jaraneta@go2canada.com. Canadian Immigration Consultancy Main Office: Ground Floor, Uniwide Coastal Mall, Tambo Paranaque City Telephone Number: 240 6500 loc. 8407 Privacy Policy

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