first congratulations bro ,, second I wanted to ask how much was the cost ??? cuz I may use it ,, and if you have time, can you tell us in details about the procedures ,,, what happened ??? thank you so much in advanceI really recommend mandamus to everyone who has been waiting for too long. I was such an idiot to wait for seven years then filing mandamus. I could, I should have filed after 4-5 years had passed since I submitted the application.
Anyway, I believe sometimes fate has its own way to bring you the answer eventually.
7 years of suffering for waiting for my citizenship; can someone help me please
- Thread starter luckychai
- Start date
Well, First I went for a big law firm and I had to pay $ 200 plus HST for initial consultation fee. He explained to me the procedures of mandamus. There would be like 3 stages and I would have to pay for the first 2 stages for $6,000. Then, if it had to go all the way to federal court, I had to pay another $ 4,000. It was too much for me and I couldn't afford.
Therefore, I went to another lawyer. I had to pay another consultation fee $150 plus HST. I had a good feeling toward her and she was very friendly, compassionate. My instinct told me she was the right one. This is her fees as she quoted to me.
- First, as part of the steps in a Mandamus application, it is advisable that we send a final demand letter to IRCC giving them 30 days to respond. I also recommend that we write to CSIS to see if the delay is really on their end. My fee for this first step is $750.00 + HST
- If there is no response to the demand letter, the next step is to prepare and file the Application for Leave and Judicial Review (Mandamus Application). My fee for this step is $750.00 + HST + costs of disbursements
- If there is no movement on the file after starting the application, my fee is $2,000 + HST and Disbursements to prepare the arguments to support the application (due 30 days after we start the application)
- If the Court decides to send your case for a hearing, my fees to prepare for the hearing are $1,500 + HST and Disbursements + time spent at the hearing billed at $250.00 per hour.
Fortunately, my case was solved after the first stage because the IRCC set up the citizenship judge hearing after they were on noticed to be taken to the federal court, so I paid like $ 2,000.
It's still much cheaper, 3 times cheaper than the big name law firm.
Personally, you don't need to go for a big name lawyer whose fees are expensive. My lawyer's name doesn't even be on the list of recommendation of members of this site. Why anyone has to pay a lot of money for a good reputable immigration lawyer when any lawyers can do it for much cheaper. It's like you pay big money for the brand name.
Well, this is just my opinion.
Well, this is just my opinion.
I almost forget about this.
Yes, I will tell you guys about what happened after I filed mandamus once I receive my passport. And, maybe what happened before that as well.
I was extremely angry at the IRCC and I wanted to shout out loud to the public to let them know how reprehensible the IRCC was. But, my lawyer advised me to keep my mouth shut (she used a softer tone) until I got my citizenship.
That was the reason why I didn't post any updates to this site.
Lucky, I am very happy for you...congratulations, and bug kudos to ambient2. I'm looking forward to hearing the rest of the story after you get your passport. Leave no details when you tell us! Everyone needs to know how to be best prepared for when IRCC delay their application for an unduly long time...this is probably one of the most valuable posts on this forum.
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Hello Lucky,
Congratulation on your victory over the IRCC hurdle:being a Canadian finally. I have been waiting since 2015 after writing and passing the test since June 2015. Can you please PM me the details of the lawyer as I may file a Mandamus sometime if I don't hear from them.
Thanks
it's been a while since i came to this forum (let's be honest, why even bother and remind oneself of the CIC's torture?).
Anyway, Luckychai congrats again, as you can see CIC was just wrong regarding your case (as well as mine) and they finished our applications before the deadline for the Federal Court.
It just shows that we fell in to the cracks of the system, without apparent reason.
I did almost go insane when my application was delayed by 1 year, I can imagine what you went through.
At least now we can brag that we sued this bloody government (technically they settled before the court, but it doesn't make it less severe )
Cheers
Anyway, Luckychai congrats again, as you can see CIC was just wrong regarding your case (as well as mine) and they finished our applications before the deadline for the Federal Court.
It just shows that we fell in to the cracks of the system, without apparent reason.
I did almost go insane when my application was delayed by 1 year, I can imagine what you went through.
At least now we can brag that we sued this bloody government (technically they settled before the court, but it doesn't make it less severe )
Cheers
First, I am sorry for such a delay.
Yes, I promised to tell the story 5-6 months ago as soon as I got my passport. I did get my Canadian passport long ago, but I have lots of personal issues going on in my life. It has prevented me, my brain to even think to write. Therefore, please accept my apology
O.k. Let’s go straight to the point.
As you aware of the fact that I submitted my citizenship application in November, 2009. I went for the citizenship test in March 17, 2011 in Halifax Nova Scotia.
After the test, I was interviewed by the immigration official. I presented her all my Thai passports and she took the photocopies all of them.
It was so clear that I was absent from Canada only 8 days during the relevant period of time.
I took the trip to the states in February, 2009 with my former Canadian common law partner for 8 days. That was the only trip I left Canada officially.
Another trip was one day trip from Niagara Falls Ontario to the other side of the states. I returned to Canada within few hours, so that trip wasn’t counted according to the immigration Act.
I should have been granted for my Canadian citizenship at that time in 2011 because I met all the requirements. And, according to the citizenship act, the Minister shall grant the citizenship to the applicant if the applicant have met all the statutory requirements.
I know that I have because I also received the ATIP that I ordered, it stated all the detail.
RCMP, passed
CSIS, passed
Request criminal clearance, passed
Prohibitions, 0 (Zero)
Physical resident at least 1095 days in Canada during the relevant period, CBSA has confirmed my statement and it perfectly match with the record of my passports.
And as the routine that we all know, during the waiting from submitting the application to the citizenship test, The IRCC has to check with the CSIS, RCMP that all the applicant have met the requirements.
In my case it was all done in 2010 according to the ATIP. It meant that the IRCC has checked everything on me before calling me for the citizenship test. Everything should be fine until the official asked me some personal questions. I answered her truthfully, but she may not like my answers. I didn’t know that I had to be more politically correct, I chose to answer her from my heart.
As soon as she found out something from my answer, then she gave me the resident questionnaire.
It was unbelievable that she gave it to me despite the fact that I was absent from the country only 8 days.
She told me to submit all the evidence that I was in Canada during the relevant period of time within two weeks. I did so in the end of March 2011.
I gather all of the evidence of my employment, my bank statements, and other relevant documents to prove that I was actually physically in Canada.
Since then, I had never heard anything from her or from anyone from the IRCC at all until I hired the lawyer to file Mandamus in October, 2016. It was a gap for more than five years.
It was absolutely unbelievable, unimaginable.
I believe she took it very personal from my answers. That was the only way that she could prolong my application because she knew I met all the statutory requirements.
Yes, I promised to tell the story 5-6 months ago as soon as I got my passport. I did get my Canadian passport long ago, but I have lots of personal issues going on in my life. It has prevented me, my brain to even think to write. Therefore, please accept my apology
O.k. Let’s go straight to the point.
As you aware of the fact that I submitted my citizenship application in November, 2009. I went for the citizenship test in March 17, 2011 in Halifax Nova Scotia.
After the test, I was interviewed by the immigration official. I presented her all my Thai passports and she took the photocopies all of them.
It was so clear that I was absent from Canada only 8 days during the relevant period of time.
I took the trip to the states in February, 2009 with my former Canadian common law partner for 8 days. That was the only trip I left Canada officially.
Another trip was one day trip from Niagara Falls Ontario to the other side of the states. I returned to Canada within few hours, so that trip wasn’t counted according to the immigration Act.
I should have been granted for my Canadian citizenship at that time in 2011 because I met all the requirements. And, according to the citizenship act, the Minister shall grant the citizenship to the applicant if the applicant have met all the statutory requirements.
I know that I have because I also received the ATIP that I ordered, it stated all the detail.
RCMP, passed
CSIS, passed
Request criminal clearance, passed
Prohibitions, 0 (Zero)
Physical resident at least 1095 days in Canada during the relevant period, CBSA has confirmed my statement and it perfectly match with the record of my passports.
And as the routine that we all know, during the waiting from submitting the application to the citizenship test, The IRCC has to check with the CSIS, RCMP that all the applicant have met the requirements.
In my case it was all done in 2010 according to the ATIP. It meant that the IRCC has checked everything on me before calling me for the citizenship test. Everything should be fine until the official asked me some personal questions. I answered her truthfully, but she may not like my answers. I didn’t know that I had to be more politically correct, I chose to answer her from my heart.
As soon as she found out something from my answer, then she gave me the resident questionnaire.
It was unbelievable that she gave it to me despite the fact that I was absent from the country only 8 days.
She told me to submit all the evidence that I was in Canada during the relevant period of time within two weeks. I did so in the end of March 2011.
I gather all of the evidence of my employment, my bank statements, and other relevant documents to prove that I was actually physically in Canada.
Since then, I had never heard anything from her or from anyone from the IRCC at all until I hired the lawyer to file Mandamus in October, 2016. It was a gap for more than five years.
It was absolutely unbelievable, unimaginable.
I believe she took it very personal from my answers. That was the only way that she could prolong my application because she knew I met all the statutory requirements.
I have to apologize to the CSIS that I put the blame on them because I got the wrong information from my previous MP’s office.
They didn’t cause such a delay. The Director of CSIS sent me back the response letter along with the disc in 2016 after I was desperately sent the letter to him about 2 months earlier. I gave them to my lawyer and she revealed the fact that the delay has nothing to do with CSIS at all.
They have completed my background check twice in August 2010 and November 2015. The CSIS documents also identify my application as “routine”.
I had a Canadian common law partner, we were together for five years. I was with him since day one I arrived in Canada (March 2005).
We separated in March 2010. I went back to my birth country, and he went to the states. He was very nice, considerate, passionate person. Unfortunately, something went wrong and we couldn’t be together anymore.
Even though, we were no longer together, he was still rooting for me on my Canadian citizenship application. He even submitted an affidavit from oversea (that I was in fact in Canada with him) along with my other RQ documents in March 2011.
I had to leave Canada in the same day after I took the citizenship test due to family reason. Therefore, I had to thank the brother of my former Canadian common law partner who gathered all the RQ supporting documents in my behalf.
I just had to sign the consent and he passed everything to the local immigration office where I took the test.
I returned back to Canada a year later around March 2012, this time it was Toronto not Halifax anymore. I informed that to IRCC through my MP. I had already a new boyfriend (Dutch guy), and he came to see me in Toronto from Europe.
We decided to get married in the city hall around May 2012. I explained the situation to him about waiting for my Canadian citizenship. He wanted me to live with him in Europe because he gave me lots of time already .I became his boyfriend since October 2010.
I somewhat agree with him as I was thinking I would always come back to take the oath of citizenship. He applied a marriage visa for me in Toronto or Montreal (I am not sure), it was quite easy to get one. I received my passport with the visa inside, so I was ready to travel to Europe.
Before I left around July 2013, I hired an immigration consultant to be my representative to follow up my citizenship application. If I knew that I could take the IRCC to the federal court, I would have done that in April 2013.
I and my former spouse had lots of issues going on when we physically living together, and one of them was my Canadian citizenship as well.
I called and sent lots of e-mail from Europe to my representative, but there was no progress, no update. After a while around 5-6 months, I told my former spouse about maintaining my Canadian permanent resident.
I informed him I cannot lose that status before becoming a Canadian citizen. It meant if the IRCC wouldn’t make a decision soon, I had to return back to Canada. I was already a permanent resident of Belgium as well. I could travel around Europe in the Schengen area.
As I said we already had lots of issues going on in our marriage, and for me to bringing that up caused me such a great deal.
He told me like the judge handed me a verdict, it went like “well, you have to choose between our marriage: or your Canadian citizenship”.
He also stated once I am with him, he expects me to be with him. He didn’t like the idea of the separation that I had to go back to Canada for the period of unknown. It could be months to years. Nobody knew when my Canadian citizenship would be finalized.
I have to accept the fact that our marriage had lots of personal issues, but for me to be waiting for my Canadian citizenship really exacerbated our situation. I kept bringing that subject to his attention and he probably had enough on his throat.
He said if I were continue to be with him, I could also have a Belgium citizenship. Why should I bother about the Canadian one?
He didn’t understand at all how much Canadian citizenship meant to me. I put lots of effort and my heart my soul were very much with it.
I could understand his feeling, his position about me going back to Canada, I knew he didn’t want to be left alone again for unknown period of time. He had given me lots of times already about dealing with my Canadian citizenship.
I was in such state of depression, confusion; and eventually everything was collapsed. I decided to leave him and went back to my birth country before returning to Canada.
Since then, he had never contacted me. It shows how much he was really angry at me. He must have been offended by my decision.
As soon as I returned back to Canada, I contacted my representative and my MP. There was still no update and it said online “in process”.
My MP recommended to order to ATIP, that was how I started to know some detail. She asked me to contact her again after three months. I did so, but there was still no update.
I also kept contacting my immigration consultant, and they were probably got fed up answering my questions.
Out of my desperation by not knowing what to do or when the waiting would be over, I decided to write a letter to Stephen Harper (the Prime minister) at that time. I expressed my truly deep feeling of my depression, desperation in both e-mail and regular mail.
I also wrote a letter to Minister of citizenship at that time Alexander, but there was no avail. I only got a standard reply through e-mail that my case was pending due to background check.
I went to the wrong route because I was under the wrong impression. The staff of my MP gave me such wrong idea. She told me there was nothing I can do because the IRCC had unlimited power over all the applicants.
They could hold on to the decision as long as they desire. There was no time frame, no limit of time. She never mentioned about mandamus or I could hire an immigration lawyer. All she said was there was nothing I could do or she could do. I had to wait.
In around late 2015, I had a new MP because Matthew Kellway from NDP lost in the federal election to Liberal party.
I contacted them immediately and they got back to me with the same result “background check”.
I did the same routine by writing to the new Prime Minister Justine Trudeau and the new Minister of immigration McCallum, and I also got the same standard reply through e-mail.
I did everything I could think of in my best ability, but it wasn’t enough. I kept contacting my immigration consultant, my MP, and also IRCC 1888-242-2400 numerous times. And if I got just one dollar every time I heard the word “background check” from them, I would be rich.
In around the spring 2016, my MP told me what the IRCC told them, and that was only I knew why my application was delayed. Due to privacy act, they were not allowed to tell my MP.
I was trying so very hard to get my application finalized and I saw online (ecas) the status changed from in process to complete. My immigration consultant was aware of that as well, and they contacted IRCC. All we got back was my application was still pending due to back ground check.
In around beginning of the fall 2016, I began to experience more and more depressed and anxious even though I was on medication on depression and anxiety already.
And there was never a single night that I could go to sleep without a pill to help me sleeping.
Out of my desperation and didn’t know what to do anymore, I started to use the religious and spiritual way by praying very hard to my Buddha.
One night before I went to bed, I prayed very hard and expressed all the pain, anxiety, mental anguish. I remember I was crying very hard while I was praying.
I expressed all my deepest feelings to him, and I have been very positive until now that he responded to me after I couldn’t take it anymore. The next day I found the word Mandamus online.
I never heard about that at all until that moment. I also found out this story and it gave such hope and power to go on with my life. It motivated and inspired me big time. I strongly believed my Buddha had guided me through the word Mandamus.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/use-of-mandamus.35955/
The story started from there as you all know that I hired an immigration lawyer around October 2016.
They didn’t cause such a delay. The Director of CSIS sent me back the response letter along with the disc in 2016 after I was desperately sent the letter to him about 2 months earlier. I gave them to my lawyer and she revealed the fact that the delay has nothing to do with CSIS at all.
They have completed my background check twice in August 2010 and November 2015. The CSIS documents also identify my application as “routine”.
I had a Canadian common law partner, we were together for five years. I was with him since day one I arrived in Canada (March 2005).
We separated in March 2010. I went back to my birth country, and he went to the states. He was very nice, considerate, passionate person. Unfortunately, something went wrong and we couldn’t be together anymore.
Even though, we were no longer together, he was still rooting for me on my Canadian citizenship application. He even submitted an affidavit from oversea (that I was in fact in Canada with him) along with my other RQ documents in March 2011.
I had to leave Canada in the same day after I took the citizenship test due to family reason. Therefore, I had to thank the brother of my former Canadian common law partner who gathered all the RQ supporting documents in my behalf.
I just had to sign the consent and he passed everything to the local immigration office where I took the test.
I returned back to Canada a year later around March 2012, this time it was Toronto not Halifax anymore. I informed that to IRCC through my MP. I had already a new boyfriend (Dutch guy), and he came to see me in Toronto from Europe.
We decided to get married in the city hall around May 2012. I explained the situation to him about waiting for my Canadian citizenship. He wanted me to live with him in Europe because he gave me lots of time already .I became his boyfriend since October 2010.
I somewhat agree with him as I was thinking I would always come back to take the oath of citizenship. He applied a marriage visa for me in Toronto or Montreal (I am not sure), it was quite easy to get one. I received my passport with the visa inside, so I was ready to travel to Europe.
Before I left around July 2013, I hired an immigration consultant to be my representative to follow up my citizenship application. If I knew that I could take the IRCC to the federal court, I would have done that in April 2013.
I and my former spouse had lots of issues going on when we physically living together, and one of them was my Canadian citizenship as well.
I called and sent lots of e-mail from Europe to my representative, but there was no progress, no update. After a while around 5-6 months, I told my former spouse about maintaining my Canadian permanent resident.
I informed him I cannot lose that status before becoming a Canadian citizen. It meant if the IRCC wouldn’t make a decision soon, I had to return back to Canada. I was already a permanent resident of Belgium as well. I could travel around Europe in the Schengen area.
As I said we already had lots of issues going on in our marriage, and for me to bringing that up caused me such a great deal.
He told me like the judge handed me a verdict, it went like “well, you have to choose between our marriage: or your Canadian citizenship”.
He also stated once I am with him, he expects me to be with him. He didn’t like the idea of the separation that I had to go back to Canada for the period of unknown. It could be months to years. Nobody knew when my Canadian citizenship would be finalized.
I have to accept the fact that our marriage had lots of personal issues, but for me to be waiting for my Canadian citizenship really exacerbated our situation. I kept bringing that subject to his attention and he probably had enough on his throat.
He said if I were continue to be with him, I could also have a Belgium citizenship. Why should I bother about the Canadian one?
He didn’t understand at all how much Canadian citizenship meant to me. I put lots of effort and my heart my soul were very much with it.
I could understand his feeling, his position about me going back to Canada, I knew he didn’t want to be left alone again for unknown period of time. He had given me lots of times already about dealing with my Canadian citizenship.
I was in such state of depression, confusion; and eventually everything was collapsed. I decided to leave him and went back to my birth country before returning to Canada.
Since then, he had never contacted me. It shows how much he was really angry at me. He must have been offended by my decision.
As soon as I returned back to Canada, I contacted my representative and my MP. There was still no update and it said online “in process”.
My MP recommended to order to ATIP, that was how I started to know some detail. She asked me to contact her again after three months. I did so, but there was still no update.
I also kept contacting my immigration consultant, and they were probably got fed up answering my questions.
Out of my desperation by not knowing what to do or when the waiting would be over, I decided to write a letter to Stephen Harper (the Prime minister) at that time. I expressed my truly deep feeling of my depression, desperation in both e-mail and regular mail.
I also wrote a letter to Minister of citizenship at that time Alexander, but there was no avail. I only got a standard reply through e-mail that my case was pending due to background check.
I went to the wrong route because I was under the wrong impression. The staff of my MP gave me such wrong idea. She told me there was nothing I can do because the IRCC had unlimited power over all the applicants.
They could hold on to the decision as long as they desire. There was no time frame, no limit of time. She never mentioned about mandamus or I could hire an immigration lawyer. All she said was there was nothing I could do or she could do. I had to wait.
In around late 2015, I had a new MP because Matthew Kellway from NDP lost in the federal election to Liberal party.
I contacted them immediately and they got back to me with the same result “background check”.
I did the same routine by writing to the new Prime Minister Justine Trudeau and the new Minister of immigration McCallum, and I also got the same standard reply through e-mail.
I did everything I could think of in my best ability, but it wasn’t enough. I kept contacting my immigration consultant, my MP, and also IRCC 1888-242-2400 numerous times. And if I got just one dollar every time I heard the word “background check” from them, I would be rich.
In around the spring 2016, my MP told me what the IRCC told them, and that was only I knew why my application was delayed. Due to privacy act, they were not allowed to tell my MP.
I was trying so very hard to get my application finalized and I saw online (ecas) the status changed from in process to complete. My immigration consultant was aware of that as well, and they contacted IRCC. All we got back was my application was still pending due to back ground check.
In around beginning of the fall 2016, I began to experience more and more depressed and anxious even though I was on medication on depression and anxiety already.
And there was never a single night that I could go to sleep without a pill to help me sleeping.
Out of my desperation and didn’t know what to do anymore, I started to use the religious and spiritual way by praying very hard to my Buddha.
One night before I went to bed, I prayed very hard and expressed all the pain, anxiety, mental anguish. I remember I was crying very hard while I was praying.
I expressed all my deepest feelings to him, and I have been very positive until now that he responded to me after I couldn’t take it anymore. The next day I found the word Mandamus online.
I never heard about that at all until that moment. I also found out this story and it gave such hope and power to go on with my life. It motivated and inspired me big time. I strongly believed my Buddha had guided me through the word Mandamus.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/use-of-mandamus.35955/
The story started from there as you all know that I hired an immigration lawyer around October 2016.
I will finish writing my story until the day that I took the citizenship oath. There is still much more to go. But, this time I will not promise when I will write again.
To all the members who sent me private message asking for the name of the lawyer, I will try to send the name to you today. I am so.....so sorry for such a delay response because I just signed in to the forum today after almost 6 months ago.
To all the members who sent me private message asking for the name of the lawyer, I will try to send the name to you today. I am so.....so sorry for such a delay response because I just signed in to the forum today after almost 6 months ago.