Originally posted by dgarstang
I've cut and pasted a message below that I'd posted a few times. I was really surprised not to get any responses. My apologies if this isn't the most relevant thread (I have applied through Buffalo!), but I didn't know where else to post...
All,
I searched and searched and I was really surprised that I could not find any discussion in this forum (maybe it's old news) about the Canadian governments ability to raise the points requirement for PR applications and apply them retroactively.
I for example applied in January with an estimated score of 67 points. I hear rumors that the government may soon be raising the points requirement. When they do this, they can deny my application (eventhough it was submitted in January) based on the fact I don't have the required points.
Well... the really confusing this is that some lawyers are saying the Canadian government can do this, has previously won a court case that upholds their ability to do this, and WILL do it when the points requirement is raised.
Other lawyers I have spoken to (including my own) claim that, technically, yes, the Canadian government can do this, but its very unlikely that they will, unless they want another class action lawsuit against them.
So... this is driving me crazy! Whats the opinion of people here?
I've found a company that specialises in matching foreigners with Canadian employers and arranging HRDC approval etc. Finding a job through them would get me an extra 10 points, but the cost is a killer.... $6,500 USD! And of course there is no guarantee (well there's a 90% money back guarantee, but no job guarantee).
So.... if the Canadian govt can't/wont apply any higher points retroactively, I'm ok. Either way I'm going from happy to stressed on a daily basis as everyone I speak to tells me something different!
Oh yeah.... this is my second attempt. First time applied in January 2002... by case was denied... a month later they lowered the points from 75 to 67 and made it retroactive.... if my application had taken a month longer, the retroactiveness (see, they did it THEN!) would have worked in my favour.
Arrrgghhhh!
One more thing... as far as I'm concerned, if they can raise the points and made the application retroactive and NOT refund money, thats out and out FRAUD.
Douglas.