Canadian Consulates will Not Return Files, for Now: Transcend Consultants

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Clarifying confusion surrounding the return of unprocessed Applications in the backlog, Transcend Consultants has disclosed that the decision is on hold for now. In a directive issued by the Citizenship and Immigration Canada, embassies worldwide have been directed to continue processing those Applications till further instructions. Deepak Kohli of Transcend Consultants welcomes these directives, and hopes for a favourable outcome of immigration applications.

Transcend Consultants

Transcend Consultants

Albeit small and temporary, this is a window that may be helpful to a few applicants, in having their applications referred for processing, after which these cannot be returned.

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According to Transcend, Canada’s Immigration Department has directed its visa officers to continue processing Federal Skilled Worker (FSW) Applications in the backlog, and not return those to the Applicants. There has been some confusion surrounding the implementation of the return policy.

Following the introduction of Budget 2012 in Canada's parliament, the changes and their effect on backlog applications for immigration in Canada have been discussed extensively.

One of the unpopular provisions of these changes is the decision to return over 280,000 unprocessed applications under the FSW class, received prior to February 28, 2008, along with the processing fee paid. The Government feels that it will be many years before these applications can be processed, and that would slow down the immigration system, at a time when it wants to create a faster, more flexible, just-in-time system. This is regardless of whether the Applicants are qualified under the program criteria or not. It appears that the Government is admitting that it failed but the innocent unsuspecting applicants are being penalized.

Canada has traditionally had a first-in first-out system. Applicants know that their applications will be processed sooner or later, and hence do not mind waiting many years. This decision places these applicants in difficult situation, as they have been waiting for many years in the hopes that their application will be processed.

Why is the date February 28, 2008 important?
The FSW program looks very different from the one under which those backlog applications were filed. With the restrictions on the occupations that can apply (Ministerial Instructions-1), the caps on the no. of applications to be accepted each year (Ministerial Instructions-3), the requirements to provide a completed application with language proficiency results upfront, it' been a continuous stream of changes. February 28, 2008 is the watershed date, from which these changes have been effective.

Though the Government invites these backlog applicants to submit an applications again, the applicants are legitimately concerned that they may not be able to, under the current restrictive requirements.

However, at least for now, not all hope is lost. The Government wants to do this right and hence has directed Canada embassies to not return the applications and the processing fee, till the Budget 2012 is passed by the parliament. They have been further directed to continue processing the applications as per their existing processing priorities.

Albeit small and temporary, this is a window that may be helpful to a few applicants, in having their applications referred for processing, after which these cannot be returned.

Applicants in unfortunate situation of having returned applications may have a number of other options, including Quebec Skilled Worker (QSW) program, Provincial programs, or one of the Business categories.

For more information about the above changes, or about Canadian immigration programs, contact us.

Transcend Consultants is a full-service Canadian Immigration Consultancy firm, operating from Brampton, Ontario and serving clients globally. Their practice areas cover economic and family immigration programs, and focuses on immigration for business or investment purposes. Their principal consultant, Deepak Kohli, a management graduate with training and wide ranging experience in various Canadian immigration programs fuses his experience with a variety of industries for successful immigration outcomes.

Contact Information:
Deepak Kohli
Transcend Consultants
35 - 173 Advance Blvd.
Brampton Ontario CANADA
Twitter: @transcendc
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Deepak Kohli, RCIC
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