Canadian Immigration - Post 26 February 2008 Applications

Would appreciate any advice from those (or know of others) who have made an application for Canadian permanent residency under the Federal Skilled Worker Class on or after 27 February 2008, and have been affected by the Ministerial Instruction of 28 November 2008.

Apparently those applications made on or after 27 February 2008 would be subject to changes that the Minister of Citizenship, Immigration and Multiculturalism may subsequently made - even though the application may have been made during a period you are eligible. This would be especially felt by those who had made an application between 27 February 2008 and 28 November 2008.

I am one of those affected. I submitted my application in July 2008 under the Federal Skilled Worker Class under NOC Code 072 (Facility Operation and Maintenance Managers), which was then an eligible occupation. A Ministerial Instruction was later issued and published in the Canada Gazette on 28 November 2008, where NOC Code 072 was not included amongst the “eligible” occupations. A couple of days ago I received an email from their Centralised Intake Office in Nova Scotia that, because of the said Ministerial Instruction, my application will not be processed and my fee refunded.

Is there any recourse? Or is this a dead end? There must be many others like myself who feel aggrieved by the retrospective nature of the instruction. Thanks in advance.

This happens in most 1st world Migration Process where a particular category is too general and too many people are using that category.

It does not mean that you are no longer eligible. It just means that you have to reapply using a new NOC. Its purely administrative and includes all applications(including those with sterling qualities using the same NOC) using the category for that period.

This is where Migration Agents earn their money as they would have notification earlier and would be clued in what the next appropriate NOC to use.

IMO, it's not fair to applications between 27 February 2008 to 28 November 2008. The new ruling should be effective from 28 Nov. 2008 onwards.

http://www.canadavisa.com/canada-immigration-discussion-board/index.php

The above website contains useful discussions/info on Canada immigration.
Meanwhile, I am waiting for my passport request from CHC S'pore to stamp
my PR visa.

Thanks for the replies. It does seem that options are limited to the following 3.

• Option 1 – As per Scroobal suggestion make another application using one of the approved NOC. Apparently from the web-link provided by Hock this is the most common method used. However even if you do manage to “find” a viable alternative, the downside will always be the possibility of another Ministerial Instruction passed subsequently which excludes the NOC re-applied.

• Option 2 – Keep fingers crossed that the NOC Code 0721 will eventually come into the list, and re-submit the application. This is a long shot and probably the least viable; or

• Option 3 – Secure an Arranged Employment. My experience so far has been that it is quite difficult for this under the current climate - unless you have a skill much sought after. I am not too sure if there are good agencies which can provide job matches to facilitate Arranged Employments.

Do share your thoughts.

Just read these two interesting articles.
a) http://www.alberta-canada.com/immigration/media/h1b_AINP_Occupations_Under_Pressure_List.pdf
b) http://www.canadavisa.com/alberta-immigrant-nominee-program-strategic-recruitment-occupations.html.

The Alberta Immigrant Nominee Program lists NOC No. 0721 (Facility Operation & Maintenance Managers) under “Occupations under Pressure List for the Strategic Recruitment Stream – U.S. Visa Holder Category”. Whilst this is a separate category from the “Employer Driven Stream for Skilled Workers”, I suppose it does pose a possibility that the occupation is in demand in Alberta.

Anyone know of any reputable agencies (in Singapore or Canada) that could assist in Alberta job matching? Have tried quite a few but so far there has been no response, or “contact me when you are here” type replies.

Gabara said:

Just read these two interesting articles.
a) http://www.alberta-canada.com/immigration/media/h1b_AINP_Occupations_Under_Pressure_List.pdf
b) http://www.canadavisa.com/alberta-immigrant-nominee-program-strategic-recruitment-occupations.html.

The Alberta Immigrant Nominee Program lists NOC No. 0721 (Facility Operation & Maintenance Managers) under “Occupations under Pressure List for the Strategic Recruitment Stream – U.S. Visa Holder Category”. Whilst this is a separate category from the “Employer Driven Stream for Skilled Workers”, I suppose it does pose a possibility that the occupation is in demand in Alberta.

U have to have the US H1b Visa which for Sgean is not difficult to get

Anyone know of any reputable agencies (in Singapore or Canada) that could assist in Alberta job matching? Have tried quite a few but so far there has been no response, or “contact me when you are here” type replies.

Click to expand...

Landed in Mid 2006 and I ran my own employment agency in Edmonton, Alberta specializing in bringing Filipino Foreign Workers from Sg and rest of the world to work here. For PRs, I have so far brought in samsters(nyar69, Blue lobster & etc) and a family of 25 ex-sgean from Oz who came as tourist and found them jobs and are on their way to becoming a PR.

Thanks Asychee. Have dropped you an email.

Very interesting reading some of these old posts. Looking back sometimes can really laugh at ourselves!

Yes indeed, and most of the time our initial reaction would have been unwarranted. Just as the 28 Nov 2008 Ministerial Instruction had excluded me, a subsequent Ministerial Instruction on 26 Jun 2010 worked to my favour. I have since completed my landing and am currently residing in Mississauga.

Congrats Gabara!

Those who have applications pre-2008 as well as under the first set of Ministerial Instructions post 2008 will find this recently decided Federal Court case useful: http://decisions.fct-cf.gc.ca/en/2012/2012fc758/2012fc758.pdf