- Sep 2, 2012
- 344
- 12
- Category........
- Visa Office......
- vienna
- NOC Code......
- 4012
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 28-9-2007
- Doc's Request.
- 10-3-2010
- AOR Received.
- 18-1-2008
- IELTS Request
- 10-3-2010
- File Transfer...
- 17-5-2012
- Med's Request
- 18-3-2013
- Med's Done....
- 21-3-2013
- Passport Req..
- 16-4-2013
- VISA ISSUED...
- 26-4-2013
- LANDED..........
- June-July 2013
Pre 2008 applicants Faq
I Have been going around all internet sites and forums for the past 6 weeks, and I noticed that the misfortunate pre feb 2008 applicants ask certain questions. So here is my attempt to answer the frequently asked questions
1- How can I know if my application will be terminated
You can contact your visa office with a direct question on this. However most VO provide generic answers that do not give any indication. Therefore, the best way to have a definite answer to the above question is to order your caips notes. If they contain an assessment according to score system so that you have a total score of 67 or more , you are safe. If no scores are recorded (except for age) then your application will be terminated.
2- should I join a lawsuit
It depends on your application. If the application is or will be terminated, than your only solution would be to join a one of the lawyers who are pursuing a lawsuit against the CIC. Tim Leahy , Campell Cohen or Bellisimo law group are good options. If a class action is approved on 23rd of November than probably you will not have to join any lawsuit at all, since the ruling will apply to all pre Feb 2008 applicants.
If your application will not be terminated (i.e you have a score in your caips) then you probably will not need to join any litigation at all. However , expect to wait for a long time for a final decision concerning your application. As you know the pre2008 applicants are not a priority and it might take up to 2 more years . One solution would be to join the Tim Leahy litigation whose main goal was to speed up the processing of files (before OMNIBUS BUDGET BILL, C-38 was passed).
3-will CIC issue a refund of the fees?
Yes as of October the 12th CIC announced that they will issue refunds for all pre feb 2008 applicants whose applications were terminated. Priority will be given to those who contacted their visa offices to request a refund.
4- if I received a cheque of refund should I cash it?
It is up to you. However according to the opinion of justice Barnes, cashing the cheque will not deprive you of your right to sue CIC. Tim Leahy has advised that applicant should cash the cheque after signing signed with protest, I still want (file number) to be processed.
5- what other options do I have
The best remaining option would be to consider reapplying in 2013. The application process will hopefully last for a couple of months only, and it should be much faster than waiting for the outcome of the class action which can well last for years.
I Have been going around all internet sites and forums for the past 6 weeks, and I noticed that the misfortunate pre feb 2008 applicants ask certain questions. So here is my attempt to answer the frequently asked questions
1- How can I know if my application will be terminated
You can contact your visa office with a direct question on this. However most VO provide generic answers that do not give any indication. Therefore, the best way to have a definite answer to the above question is to order your caips notes. If they contain an assessment according to score system so that you have a total score of 67 or more , you are safe. If no scores are recorded (except for age) then your application will be terminated.
2- should I join a lawsuit
It depends on your application. If the application is or will be terminated, than your only solution would be to join a one of the lawyers who are pursuing a lawsuit against the CIC. Tim Leahy , Campell Cohen or Bellisimo law group are good options. If a class action is approved on 23rd of November than probably you will not have to join any lawsuit at all, since the ruling will apply to all pre Feb 2008 applicants.
If your application will not be terminated (i.e you have a score in your caips) then you probably will not need to join any litigation at all. However , expect to wait for a long time for a final decision concerning your application. As you know the pre2008 applicants are not a priority and it might take up to 2 more years . One solution would be to join the Tim Leahy litigation whose main goal was to speed up the processing of files (before OMNIBUS BUDGET BILL, C-38 was passed).
3-will CIC issue a refund of the fees?
Yes as of October the 12th CIC announced that they will issue refunds for all pre feb 2008 applicants whose applications were terminated. Priority will be given to those who contacted their visa offices to request a refund.
4- if I received a cheque of refund should I cash it?
It is up to you. However according to the opinion of justice Barnes, cashing the cheque will not deprive you of your right to sue CIC. Tim Leahy has advised that applicant should cash the cheque after signing signed with protest, I still want (file number) to be processed.
5- what other options do I have
The best remaining option would be to consider reapplying in 2013. The application process will hopefully last for a couple of months only, and it should be much faster than waiting for the outcome of the class action which can well last for years.