Update on Canadian Government’s slashing of pre-2008 Skilled Worker applications

As posted earlier, the Conservative government proposed to eliminate 280,000 applications filed before February 27th 2008 for the Federal Skilled Worker Program.

Here are some questions that you may have:

Will I be affected by the proposed changes?

Under the proposed changes, CIC would close Federal Skilled Worker applicants’ files 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.

It is expect this would affect around 280,000 people including dependents.

Who will not be affected by the proposed changes?

Any application that has received a file number after February 27, 2008 so you will not be affected if your file number was received after this date.

What is being done to respond to this decision by the Canadian government?

Immigration consultants are looking into a joint effort to stop the finalization of the proposal. It is expected that the changes will happen as the Conservative party holds a majority and it will receive enough votes to pass through.

There is a good chance that this issue will drag on and head to the Supreme Court. However, once or if it gets to that, it will not be for another few years as complaints against the government must go through many legal hurdles.

What options do I have if my application is removed from the backlog?

This depends on the individual applicant. Unfortunately, some applicants will not have any options under the new rules and regulations. There are currently over 60 immigration programs under both federal and provincial governments.

Will I receive a refund?

Your government application fees will be refunded. The professional fees will be treated as per the particular agreement each client has with their consulting firm.

122 thoughts on “Update on Canadian Government’s slashing of pre-2008 Skilled Worker applications

  1. My application is in process since june 2006 & it has been transfered from Damascus to Warsaw & i have been asked for upgrading my documents in November 2010 which i did & they received ot completeluy.in an email to ommigration office they replied that i am in background review process.what do u yhink about my status? Is it a choice that i would be in the 20000 that will remain in queue?

    • This would depend on whether your application has passed the selection criteria phase. If it has, then you would be in the 20,000 that will remain in the queue.

      The background check could mean that you haven’t passed the selection criteria phase, and they’re checking on your work experience information, or it could mean that you are passed the selection criteria, and they are now doing a security check, in which case your application won’t be one of the 280,000 that will be closed. We recommend that you contact them and find out which is the case.

      If you need professional assistance, please do not hesitate to contact CICS Immigration by email or phone for a quote.

      • My application is in process since May 2006 & it has been transfered from Damascus to Warsaw & I have been asked for upgrading my documents in December 2010 which I did & they received it completely , then in November 2011 they asked me to update my file and give them a new police clearence then in March 2012 in an email to immigration office they replied that I am in background review process. Is it a choice that i would be in the 20000 that will remain in queue?

        • If they told you that your application is in the background review process, then your application is most likely in the 20,000 that will remain in the queue.

  2. I submitted my application to Ghana Office in May 2006. Late last year and March 2012, I was advised that my application was in queue for review. Will this new development (inhuman decision) affect my application?

    I await your prompt response.

    • You will most likely be affected by this decision unfortunately. Any one who applied under the Federal Skilled Worker Program and received their file number before February 27th 2008, which in your case is highly likely given your application was submitted in 2006, will be affected.

  3. is there any fault on part of pre-2008 applicants?
    i applied for permanent immigration in july 2005, i paid $1250 as processing fees ,$ 2500 as consultancy charges, and other charges as well. i kept $20000 in my fixed deposits.had i invested it in purchasing a home the present market rate that home would have been $300000.now i will never be able to purchase home in india because what i am getting back from CIC is only $1250 paid as processing fees.
    the story is same with all pre-2008 applicants. they are being punished for the inefficiency of CIC.
    is this not a fraud committted by canadian government?

    please reply.

    • Immigration Canada’s decision is a shock to everyone in the industry. We have many clients who have planned their lives around their immigration to Canada. The Canadian government’s justification for such an action has not been accepted by the immigration community and we are taking steps to take them to court. However, such a process takes time. Best thing to do is to find out whether you would be eligible to apply under another program. Quebec Skilled Worker and Federal Skilled Worker are the only skilled worker programs where an offer an employment is not necessary. Federal Skilled Worker has reached its cap of 10,000 applicants but will be coming out with a new job list in July. Quebec Skilled Worker is still taking applications. I recommend that you fill out our online questionnaire to find out whether you’re qualified.

  4. i applied in 2004,immigration asked me to send my immigration file number through a letter on 2008 and i send my complete updated file will my file be effected according to new rule of canadian immigration??

    • Unfortunately, assuming you applied under the Federal Skilled Worker program, your application will almost certainly be affected, as you probably received your file number before the February 27th 2008 cutoff.

  5. I applied for an immigration visa in around September 2006. I got a letter from the Canadian high commission in which they stated that they have started processing my file on 26th November 2006. They also stated that they will have no contact with me for approx 48-56 months. I applied for immigration under federal skilled worker class. Now according to this change, does it mean that my application will not even be reviewed by the immigration department? Or will they simply return the file with the processing fees?

    • It looks like that your application will most likely be returned with the fees. We would like to do an assessment of your situation and see if you would be qualified for other programs. For this, you can go to our assessment page and fill our form.

  6. I am an applicant from Bangladesh for Canadian immigration under Simplified Application Process. I have applied on 4th June, 2007 on the basis of the rule of FSW(federal skilled worker). We got a Immigration File Number and in 2010 we have received a letter from immigration section asking whether they will continue processing our file or not. We agreed to process our file. That time immigration processing time had increased to 66 months.
    Recently we found on CIC website that they have decided to clean up all files which had been applied before February 2008. They are going to process few selected files and send back all rests along with drafts. We have full faith and respect on their decision but your recent announcement is too much shocking for me. Since 2007 me and my family is waiting for a positive response from you. We did not make any kind of asset for future so that we can save our money and settle to Canada. We did not involve our children in any extra curriculum so that they can start their new life-style in Canada. Me and my family had taken mental preparation to settle in Canada.
    Now what we will do ? Will we be affected ?

  7. Hi

    I applied in 2006, went through back ground check. The background check was send to UK but was lost/ignored by them for 20 months till I took their attention by getting a letter from CIC Ottawa!
    I received my medical form last month, completed and returned back to UK two weeks ago.

    Do you think my file will be canceled or it’s between those 20,000 cases which will be proceed.

    Many thanks for your prompt response.

    Regards

    Homi

    • Hello Homi,

      If you have received and done your medical, your application will most likely will not be returned.

      CICS Immigration

  8. Note: The below letter has been sent to many MPs and Senators to the Parliament of Canad:
    Immigration File #XYZ

    To
    The Honorable Members of Parliament/Senators
    Parliament of Canada.

    From: Dr.Hamid Ullah Khan
    Veterinary Research Institute, Peshawar,
    Khyber Pakhtunkhwa, Pakistan

    Subject: Elimination of the applications of Federal Skilled Workers (FSW), who applied before February 2008, by the immigration authority

    Respected Members of Parliament,

    I would like to draw your kind attention to a very sad news recently been posted on website of Citizenship and Immigration Canada (www.cic.gc.ca) that all those Federal Skilled Worker’s (FSW) applications, applied before 2008 in backlog would be eliminated merely on the pretext to reduce the burden of backlog.
    Respected Members of Parliament:
    I have been patiently waiting for more than 63 long months since August 2006, where as I have been informed vide first acknowledgement letter in August 2006 that the processing time will be 36-42 months. Later on, on 2nd April 2009, I have received a letter from the immigration section of Canadian embassy Islamabad, where I have been asked that are you still interested in immigration to Canada or not and I have replied in “yes”.
    In February 2008, a new expedite immigration policy was introduced. At that time it was clearly posted on http://www.cic.gc.ca that, this policy will not effect the processing time of the applications submitted before 2008 and would be processed under the policy/rules which were in effect at the time of submission of theses applications.
    Now after waiting for more than 63 months this sad news fell down just like a thunder on my head which no doubt, created a havoc in all innocent applicants who are patiently waiting for their turn. By forcing this new decision, the immigration authority intended to reduce the burden of backlog and punish the innocent applicants for the faults/mistakes/weakness lies on the part of the immigration authority and not on the part of the applicants. This is absolutely unfair and injustice with the applicants. I would like to mention out the cardinal principle of justice that “Justice should not only be done but it should be seen that the justice has been done.”
    Respected Members of Parliament:
    Keeping in view the above facts and figures I request to raise your voice inside and out side the parliament with the immigration authority to do justice with these pending applications and restrain the authority from punishing these applicants for a fault which is not on their part.
    I look forward to your kind reply please.
    With kind regards
    Dr.Hamid Ullah Khan Cell #: +92 300 5922157

  9. Dear Cics Immigration Inc,
    every day I check your website for new regulations as time reaches to 1 July but I didn’t received new information about it.what do you think will happen for new applicants who decided to do it after 1 July 2012?
    thanks in advance

  10. I have submitted my immigration file in june 2006 and cic have started processeing the file in sept 2006. till then i was asked twice to continue the file last in january 2011. till then there is no reply from cic. I have completed 67 points as per the last standard. can cic send my file back or they will contie proceesing and informed me for update?

  11. Dear Sir,
    I am one of early 2007 applicant,
    All document been submtted in 2009 and got Selection Dec-4 on the period 2010 but the cic office request me schedule A (2 times) and last one in Aug-2011 and till now i did not receive my medical????
    As per the minister instruction he had mentioned (who have seldec will be in safe side) if so, why my medical still pending and where is my case standing now????

  12. Dear Sir,
    I think my case still under backgroud check but can you advice me sir in which stage the background check started, is it start after seldec or what??

  13. Hi Sir ,
    me and my family applied in august 2005 , and sir our whole family lives there and they and we all are waiting for the letter , please tell me how long it will take more !
    Thank U

    • Hi, if you have not received medical forms, that means that unfortunately your case is part of the 280,000 that will be closed under the wipe-out of the backlog.

  14. Dear Sir
    I applied for canada immigratiom in december 2005. In june 2010 I have got medical form and complete and send back in july 2010. Will CIC return back my file?

    • Hi, no you most likely will not have your application returned, as you’ve received your medical form meaning you have progressed passed the selection criteria phase.

  15. Hi,
    i have applied in june 2004.i got the file number after 3 months which is 047035575.recently in 2009 i was asked to submit parers for final documentation.but since then i did not get any response.i want to know whether my case will be processed or not.I am a PHARMACIST who have 10 years of work experience.and at present i am working as a lecturer in pharmacy college.can i apply under new rules?if yes guide me for the procedure.thanks

  16. Now that the supreme court has ordered that pre 2008 fsw application be processed in a timely manner,can cic process 280,000 application in six month?before accepting new fsw application come 2013?

    • The government is arguing that legislation to wipe out the 280,000 application backlog, supersedes the court order. The government has only accepted to process the applications of the 165 litigants whose filed were not among the 280,000 applications in the backlog, while arguing that the applications of the remaining 670 litigants would not be processed as they were eliminated by Bill C-38 when it was passed on June 29th.

  17. i have applied in federal skilled worker programme in june 2006,got my file number in sept,2006 . now should i expect call or my file will also be cancelled

    • If you have still not received a request to complete medical forms, then unfortunately you should expect your file to be canceled as your application has not passed the selection criteria phase.

  18. I had filed my application in December 2005. At that time the processing time was 36-42 months. Later on, on 30th June 2009, I received an email from the immigration section of Canadian embassy Islamabad, where I was asked that are you still interested in immigration to Canada or not and I replied in “yes”. one year later again I asked the immigration authorities in Islamabad about the status of my application. They said that it is in process. In 2010 I was informed that my application has been transferred to London desk for further processing and I was advised to contact their London office. But the officials in London are least bothered about our applications and they never reply us, which is very frustrating.

    Here, my request to concerned Canadian authorities would be to stop accepting new applications till the back log is cleared and expedite the process as early as possible.

    We further would like to request the concerned authorities that they must advise Canadian Immigration offices to immediately establish contact with all the applicants and must update them on the status of their applications.

    I hope that the concerned quarters look into our concern and must take some action to resolve this long awaited issue.

    We look forward for a dignified decision in this regard.

  19. Hi, we applied thru FSW in Nov 2004 and received file number in Feb 2005. Then CIC asked for our requirements based on the selection criteria in Nov 2008 and we submitted all the documents in Feb 2009. After that we never heard from CIC. Also we have particilated in lawsuit. KINDLY let me kniw whether my case will be processed or nit. Thanks a lot.

  20. Hi,
    I am Zaibi Kunwar from Pakistan, Karaci.
    I have applied for Canadian immigration on 02 May, 2006. I received my file number and informed that process would take 36 to 42 month. In 2009 I received a letter from Islamabad Embassy where I was asked if I am not interested to continue my immigration case then inform them and get my immigration fee back . They mentioned if they don’t receive my reply in 90 days then it means I don’t want to withdraw my application and they will start further process on my file and would not offer to return my fee. I just ignored this letter as I was very much interested in Canadian immigration.

    I keep on checking your official web site. Whenever any changes introduced in immigration law it was also assured us that these changes would not affect old applicants. Now all of a sudden I read this news that applications before 27 Feb, 2008 will be wipe off due to backlog.

    Well we are not responsible for this inefficiency of immigration office. I have been waiting patiently for last 75 moths. Fair enough CIC will give our money back but what about the time which we have wasted in waiting to hear from them.
    This is not fair simply not fair. People from all over the world who have applied or want to apply for Canadian immigration feeling insecure. No one will trust them.
    280000 applications mean 280000 families who are going to suffer from this decision.
    How could they do this?

    Please give me the contact detail of all the lawyers who have gone to court against this law.

    Best regards
    Zaibi Kunwar

    • Hi Zaibi, thank you for your comments. The elimination of the backlogged applications has certainty been a huge disappointment to many people.

      Lawyers that are representing or have represented individuals affected by the FSW application wipe-out include Tim Leahy and Lorne Waldman.
      While I don’t have their contact information on hand, you can likely find it without much trouble by searching their names.

  21. i am applicant of 2004 august in november 2010 i was asked for updated documents . as they were ready to asses my file. no news after that.

  22. sir , i am march 2004 applicant i got provisional acceptan in 2009 than got updation request and new police certificates . we kept waiting for medicals to date .now after this bill is passed i did case specific inquiry and they replied as before that my case is under going background and security checks and they can not issue medicals as it can expire . so what is this .are they telling truth and my case is in process or wht? my profession is in demand even now .i am worried plz do reply .thankyou

  23. i had applied for canadian immigration in 2006.till now my application is under process.so plz let me know about my immigration file status.

  24. Hello,

    I am Iranian and I applied for Skilled Worker on 2007 and so with the new things we heard about our situation, maybe our file will be cancelled. The matter is that I would like to have some information about what will happen to my file ! Do you know anything about Canada government decision regarding these files ? Once I heard that they will leave the file until 2017 and once I read that they will finalize it on October 2012 ! Which one is correct ?! It is not fair for us to be in darkness !! This is our life, I planned for my life from 2007 and now everything is unclear !!
    It would be very kind of you to let me have sone information.

    Are there any new programs for skilled workers ? Where can I find the list of needed skills ?

    Thanks in advance
    Sincely Yours,
    Maryam

    • Hi Maryam, if you have received your medical forms yet, then unfortunately we believe it’s highly likely your application is being canceled.

      The wipe-out of the applications has caused disruptions to a lot of people.

  25. i have seen yesterday in cic.gc.ca(frequently asked questions) that applications of FSW applied before feb 2008 will be processed if not rejected or processing not started.in contrast of that in this forum i have seen that applications will be returned back with processing fee.what is true?

    please reply.
    thanks.

  26. my canadian immigration file was issued on 19th March 2008 , and until this date have not received any communication from High Commission .
    What is possibilies for my file being process and when i can expect a reply from High Commision

    Regards
    Arif Shaikh

    • Based on the information you’ve given, the likelihood that your file will be processed and you will receive a decision based on the points awarded is very high.

      As for the expected date of reply from the High Commission, we unfortunately have no way to know, as the completion date for the processing of applications has been unpredictable to date.

  27. Sir,

    I had applied for Canada (PR) under FSW in May, 2010 and as per CHC i had submitted my all documents in the month of January, 2011 but thereafter, there is no reply/response from CHC.

    Kindly let me know the present status that how much time they will take for further processing.

    regards

    • Hi Dipika, I’m sorry, unless we are fully familiar with your case, we cannot guess as to the reason for the delay.

      • Sir,

        I had applied for Canada (PR) under FSW in May, 2010 and as per CHC i had submitted my all documents in the month of January, 2011 but thereafter, there is no reply/response from CHC.

        Please let me know that how much time they will take for further processing.

        regards

  28. Dear Sir,
    Please I need you to explain this ministerial instruction,

    All applicants have established whether the applicant meets the selection criteria prior to March 29, 2012 the application has not been finalized before June 29, 2012…
    processing of the application continues to a final decision; and
    fees paid to CIC will not be returned to the person who paid them.

    My question is ( who is those people in the above mentioned paragraph)???

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