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| Subject: Skilled Worker Visa....Unique Problem |
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Hi,
I applied for the Skilled Worker Visa under the NOC code 4131 on Feb 3rd 2010. My immigration consultant said i had a good chance to get the visa. I am in a common-law relationship with my boyfriend.Let me be very honest...the primary reason i applied is coz in India, gay relations are taboo...and definitely a big no-way for my family. And my family being one of the top families in my place, things became all the more hard. We were separated, insulted and so on. It got to a point where we couldn´t even see each other anymore and there was a possible threat put on my partner´s life. That´s when we decided to apply for the skilled worker visa. As mentioned earlier, we applied for the visa on Feb 3rd 2010. I had provided a credit card for the fees (paying money would show my family i was paying for two people). The credit card was valid and we were waiting for the file number. We waited till June and thats when I got a call from the migration consultant saying my file had been sent back because my credit card validity was 2 months less than the required validity ( nowhere were we told the credit card should have 6 months validity). That wasnt the issue because we could have always rushed a payment or provided an alternate card. But the CIC which processed my application on April 10th...waited until July 3rd to send us a letter saying our file was being sent back. It was so wierd and fishy because - why wait for 3 whole months to get back about a file???. Anyway, when we contacted them they said, the new 29-ondemand occupation list did not have my NOC code so i couldnt reapply! My consultant decided to send an appeal letter because he said it was clearly the CIC´s fault for not informing us for over three months about the problem and then waiting till the new list was released, to send us a simple mail! We have sent a request letter but we havent heard anything yet. My consultant believes we have a good chance of being processed under the old rule because clearly we have been dealt with in the wrong way.
But the more we wait, the more i fear for my partner. I was thinking if i should send him to canada on a visitor visa to look for a job or to study french (he wanted to when he got to canada). Should i revoke my application and apply fresh?? Help us please. THanks.
[04-09-2010,12:13]
[***.225.28.37]
Chris |
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(in reply to: Skilled Worker Visa....Unique Problem)
yes, it is quite possible for them to take 2-3 months to process your credit card. Nothing fishy.
A returned application means there is no application in the system - you are going to have to qualify under the newer rules. An appeal... I think you might be wasting your time - and I fail to see what CIC has done wrong. Providing CIC a 4 month window to process a credit card is as much your problem as CIC´s for taking so long.
As for your partner, and your relationship - if you are not living together or married, how were you intending to include him in your application?
How do you know he will qualify for a visitors visa? He cannot study or work on a visitors visa. He may however want to consider a refugee claim if his life is in danger. I don´t know much about them or how hard they might be to obtain in his situation.
As for your application, if you do not qualify under the new list of NOC criteria, what is the point to re-apply - they will return your application again.
I realize this is not going as planned but unless you can figure out how to make a case for you and your partner from a safety perspective, I don´t think you are going to get very far.
[04-09-2010,17:04]
[**.154.245.217]
Sharon |
(in reply to: Skilled Worker Visa....Unique Problem)
Hi Sharon,
Thanks so much for your valuable input. The opinion expressed by me ...thats what i got from my consultant. Anyway, the case was filed on Feb3rd. The application came for process on April 10th. on that particular date, they said the credit card validity was less than their expected value(my credit card validitiy expires on September 2010)). So they sent the application back. But instead of sending it in April, so we could make alternate payment arrangements, they sent it only on July 3rd. I dont see a reason why they would do that! :-) All that said and done, we were not informed of the 6-month validity rule and i am not sure it is anywhere on the CIC website too.
Regarding my partner, in India there is no provision for a marriage or even a union between two people of the same sex. Infact it was considered a criminal offense until a year ago when the court said mutual consenting adults can engage in such relationships. Still, there is no law or anything to legalize gay marriage or even unions! So what we have is a situation where we cannot be partners but we have been in this relationship the last two years and have a lot of photos and bills and stuff to prove the same.
Regarding the visitor´s visa, he can visit Canada and study french for 6 months without any study permit. And these are just my ideas. Sharon, I would love to get your professional opinion and advise on how we can proceed. I thought it would be great for him to go to canada on a visitor´s visa and study french and search for a job. And once he lands a job ( he is an extraordinarily talented animation specialist with three years experience), he can come back to india and reapply on a work permit. Again...these are my ideas. Makes sense? :-)
[05-09-2010,08:01]
[***.225.28.37]
Chris |
(in reply to: Skilled Worker Visa....Unique Problem)
you are not listening.
all this mumbo jumbo about the credit card, how much room was on it to charge, when the card expired is moot. They have not put your application into the system and there is really no argument that you can make that will likely change this. All that will happen is that you will give your consultant more money to tell you the same thing a year from now.
Your plan sounds good on paper but probably will not work. Most employers will not wait for the time it takes to get a work permit through the system. If he tells immigrations officers the reason for his visit, they will likely refuse him entry. There is far too high a risk of him not returning home.
I am serious when I suggest the best shot I see for you is possibly some sort of refugee application. Why are you not coming for a visit at the same time?
[05-09-2010,14:10]
[**.154.245.217]
Sharon |
(in reply to: Skilled Worker Visa....Unique Problem)
Hi Sharon,
Okay...i think i am able to see what you are saying. Regarding your final question about me not coming along with him...well, it could rouse serious suspicion here if we go together. If we know there is a way to come there and never return, then there is a possibility. My idea was for him to come there first and then me going the next. That would also give him time to get ready stuff while i spend another summer here earning and saving up for our life there. Thats the reason i thought going together would be a bad idea. Is there a reason you have for that question or any better option available if i come there together?? :-)
[06-09-2010,05:07]
[***.225.28.37]
Chris |
(in reply to: Skilled Worker Visa....Unique Problem)
If you really want to marry, go to Nepal. You don´t need a visa neither any extra problem. Just a month before a British and an Indian gay couple married there because of new and liberal law. As far as I know there is a society called Blue Diamond for people like you and this society has represented in parliament also.
In terms of fighting against CIC I don´t believe you win it in court because as Sharon already clearly said, you didn´t have a file number. As quota system is introduced now, most probably they were already exercising internally to discourage the application in 4131 category. And intentionally kept it as you were in weak position (your credit card).
[06-09-2010,06:50]
[***.108.70.121]
VC |
(in reply to: Skilled Worker Visa....Unique Problem)
Hi VC,
Thanks for joining in. Nepal is an easier option BUT we do have to come back to India and that is where the whole thing gets messed up. The moment i leave the country, my family is gonna check if my partner is with me too. If they find out, all hell will break loose. And his parents are against us BUT they are not dangerous people. On the other hand my family IS! My dad got murdered a few years ago and my mom is still very much incharge of the family and kind of rules it with an iron fist! so in case we go together and we come back, i might be safe (tho put to shame) but HE IS DEFINITELY NOT GOING TO BE SAFE! Family name and status is very very important in my part of the world and any deviation is a punishable offense and there is not much even the police will do....because again...the rich can get away with anything. So here´s our story!
[06-09-2010,13:16]
[***.225.28.37]
Chris |
(in reply to: Skilled Worker Visa....Unique Problem)
time for both of you to go on a holiday to a safe country.
[06-09-2010,14:34]
[**.154.245.217]
Sharon |
(in reply to: Skilled Worker Visa....Unique Problem)
hehe..well, if it was as easy as that we would have taken that vacation long ago! BUT....its the coming back part that really is gonna matter. If we go together, then we have to go somewhere where we can make a life for ourselves and never come back...because if we do come back, one of us is going to be dead or atleast with a few limbs missing! Welcome to rural india!!
[07-09-2010,12:22]
[***.225.28.37]
Chris |
(in reply to: Skilled Worker Visa....Unique Problem)
you missed my sarcasm - my notion of ´vacation´ in your case was to leave but never go home. Tough thing to do.
[07-09-2010,14:02]
[**.154.245.217]
Sharon |
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