Problem Federal Skilled Worker

Due to the high demand for immigration to Canada the admission rules are getting tougher, more restrictive, and in addition processing times are becoming longer and more unpredictable.

But most disturbing is that CIC changed its processing rules to basically ‘last-in, first-out’ leading to a virtually stop for applications submitted before February 27th, 2008, and additional delays for cases submitted between February 27th 2008 and 25th June 2010, which is for many applicants only measurable in years.

Processing priorities in detail

1 – Applications submitted before 27th February 2008:

Most applications submitted up to September 2006 were started to be processed, but processing virtually stopped as these applications are now last priority.

2- Applications submitted between 27th February 2008 until 25th June 2010:

Most applications submitted up to March 2009 were processed, but processing at the time being will be very slow due to reduced priority.

3 - Applications submitted between June 2010 until June 30th, 2011:

We are receiving file #’s after 3 to 4 month, but entire processing time is not clear yet.

4 - Applications submitted after July 2011 up to present:

Highest priority in processing, at least until a new announcement of rules next year.

Our Action

At least at the moment there are no powerful movements by politicians or lobbying groups asking the Minister to reverse the –last in-first out- policy. Therefore, it seems the only potential solution of this problem can come from court.

For this, we have been partnering with Tim Leahy, who is a litigation lawyer, and pursue 2 different law suits for each one of our client who chooses to participate.

Litigation Details

There are 2 court cases for each one of our clients:

1. Request mandamus, means immediate continuation of application processing
2. Request for damages

Reason is that we need for mandamus an approval for leave before it can proceed to court. If this however is denied there is still the second application for damages, which does not need leave.

,u>Time line: It would probably take ~ 6 to 9 months for a solution IF Citizenship and Immigration Canada negotiate. If this does not happen, and it would stay at court, it would take around ~ 9 to 12 months for the hearing date.

Who benefits?

ONLY the clients who participate, as this is not a class action!

We do not believe a class action approach, because a positive judgment would apply to anyone in the world, with the result that due to the huge number no-one would be processed much faster. We prefer to focus on our clients only and providing them the most benefits in the case of success!

Costs

Clients: Total fee of $600 plus $50 court fee. $350 should be paid immediately and $300 after 60 days when the completed application will be submitted to court.

Non-clients: Total fee of $1,000 plus $50 court fee. $550 should be paid immediately and $500 after 60 days when the completed application will be submitted to court.

If damages are awarded by the court, each client will receive 2/3 of this funds from his part and the trial lawyer the remaining 1/3.

Please note, that our fee for clients as well non-clients is lower than Tim’s direct fee due to the high volume of our clients participating

Guarantees

We appreciate that you understand there is of course no guarantee for success, but we are giving our very best and trying to make it a success for our clients! Further, we believe that the action we are choosing is the only remedy left. The in our opinion unacceptable alternative is to wait for an undetermined large number of years until the application is finally processed.

Can I still join?

Yes, you can, at least for the moment. Interested Clients and non-clients who want to challenge their unfair processing priority can contact Mrs. Amirsalam directly at azaramirsalam@visascanada.com

Once you decided to go ahead and join to increase your chance of processing you will receive the agreement. You will then have to sign an affidavit, which will be prepared by the trial lawyer and us.

Updates

We will be informing you periodically with updates so you always will know what is going on. Please contact us directly only if you have utmost important issues not dealt with on this website.

October 25th 2011: The first client cases of Amirsalam & Damitz have been submitted to court. In fact, these are the very first cases submitted for the Persian community in this specific law suit!