December 11, 2008

What If I do not Qualify Anymore!

Posted by admin - Bellissimo Law Group PC

Q: I am really concerned about my immigration case. I read in the newspaper that the Minister of Immigration introduced new regulations regarding the skilled worker class and I am really worried what would happen to my case now, as I applied in Buffalo in July 2008?

A: Yes, this is true. Many readers are asking and this is indeed a huge change. Last Friday, Citizenship and Immigration Canada (CIC) introduced new regulations restricting the Skilled Worker Category to only 38 occupations. In your question you have not indicated under which occupation you applied or if you are working in Canada but if your occupation is not on the list and because you filed after February 27, 2008 (CIC deadline for the new changes) your application may not be considered. CIC will review each file and if the occupation is not listed, then the applicant will receive a letter stating that the applicant does not qualify for processing under this category and refund the processing fees. Applicants will be left with a few options including finding arranged employment, if they have worked in Canada for one year with certain conditions they may still apply or pursuing a court challenge (although this may be limited).

Another new feature is that skilled worker applications will be mailed to CPC Sydney, Nova Scotia and the files will be screened in Canada. If the occupation is on the list, the file will be opened and sent for processing at the visa post responsible for the respective country. Welcome to a new world of Canadian immigration. I am certain in the coming weeks as more people are affected by these changes I will be commenting upon other aspects of the changes. Check to see if your occupation is on the list. Good luck!