Interview with CJ two months ago and no decision

[L560]

My application was referred to a citizenship judge and I met with him on May 9th. I was told he has 60 days to make a decision but today is day 60 and nothing yet.

Status still "in process" and I didn't receive anything in the mail.

What do I do? Other than calling the 1-800 line, who can I call/contact?

Thanks

 

[FloydCan]

My application was referred to a citizenship judge and I met with him on May 9th. I was told he has 60 days to make a decision but today is day 60 and nothing yet.

Status still "in process" and I didn't receive anything in the mail.

What do I do? Other than calling the 1-800 line, who can I call/contact?

Thanks

Send a case enquiry form. What was the reason for the CJ?

 

[dpenabill]

My application was referred to a citizenship judge and I met with him on May 9th. I was told he has 60 days to make a decision but today is day 60 and nothing yet.

Status still "in process" and I didn't receive anything in the mail.

What do I do? Other than calling the 1-800 line, who can I call/contact?

Thanks

At the risk of giving advice, which I am not qualified to do: Wait some more.

You are quite likely anxious to know the outcome, but by this point the CJ has made a decision. Positive or negative. Could have gone either way. That much is done.

The part which MIGHT not be done is what IRCC does.

The applicant only gets notice of the CJ's decision directly from the CJ IF the CJ has denied the application for citizenship. So no notice after 60 days PLUS some time for sending notice and such will usually signify a POSITIVE CJ decision. Some exceptions. BUT if the CJ makes a negative decision, the CJ must do so within 60 days and then TIMELY send notice to the applicant.

So NO notice for more than 75 or 85 days or so suggests a high chance the decision was positive.

BUT IRCC can still appeal that decision. IRCC has a RIGHT of appeal (you, the applicant, do not . . . albeit if there is a negative CJ decision you can request leave for judicial review, but that is a tough case to succeed on these days). IRCC has a specific amount of time within which it can make the appeal. There have been more than an isolated few cases in which IRCC did not agree with the CJ's approval BUT failed to timely make the appeal.

So, NO reason to go poking the BEAR or bee's nest now.

In particular, if the CJ approves citizenship, IRCC can take awhile, from several weeks to a number of months, to process the case, usually to schedule the applicant for the oath. Whether eCas will indicate a decision made or not during this time is NOT clear (there have been too few credible reports from applicants at this stage to reach a reliable conclusion). Otherwise, when there is a positive CJ decision there is no notice to the applicant until:
-- applicant is sent notice to appear for the oath ceremony, OR
-- applicant receives notice that IRCC has filed an appeal

After 75, 80, or 90 days, or so, and no notice about the CJ's decision, odds are high the CJ approved the application and IRCC is on top of the case, and thus IRCC will timely proceed to schedule the oath, or timely proceed to file an appeal. But there is the slim chance that the CJ has approved the application, IRCC does not agree with the decision but has let the file sit in a queue, so unless you do something to nudge IRCC into acting, into filing an appeal on time, IRCC could miss its deadline for filing an appeal. It happens. (IRCC has attempted to NOT grant citizenship in some of these cases but, subject to some exceptions for prohibitions, the Federal Court's do not give IRCC a break, not so much as a nice-try decision.)

To be clear, the odds of this going this way are slim. BUT there is nothing to be gained by poking the bear in the meantime, other than you might (only MIGHT) get to know the CJ's decision a little sooner than you would otherwise, recognizing the CJ's decision is very likely to become apparent relatively soon.

Let this one simmer awhile longer. Maybe three or five weeks. Odds are you will know by then (negative or positive), or if there is still no notice, odds are you have been approved and will learn what will happen next (probably scheduled for the oath) in due course.

 

[L560]

At the risk of giving advice, which I am not qualified to do: Wait some more.

You are quite likely anxious to know the outcome, but by this point the CJ has made a decision. Positive or negative. Could have gone either way. That much is done.

The part which MIGHT not be done is what IRCC does.

The applicant only gets notice of the CJ's decision directly from the CJ IF the CJ has denied the application for citizenship. So no notice after 60 days PLUS some time for sending notice and such will usually signify a POSITIVE CJ decision. Some exceptions. BUT if the CJ makes a negative decision, the CJ must do so within 60 days and then TIMELY send notice to the applicant.

So NO notice for more than 75 or 85 days or so suggests a high chance the decision was positive.

BUT IRCC can still appeal that decision. IRCC has a RIGHT of appeal (you, the applicant, do not . . . albeit if there is a negative CJ decision you can request leave for judicial review, but that is a tough case to succeed on these days). IRCC has a specific amount of time within which it can make the appeal. There have been more than an isolated few cases in which IRCC did not agree with the CJ's approval BUT failed to timely make the appeal.

So, NO reason to go poking the BEAR or bee's nest now.

In particular, if the CJ approves citizenship, IRCC can take awhile, from several weeks to a number of months, to process the case, usually to schedule the applicant for the oath. Whether eCas will indicate a decision made or not during this time is NOT clear (there have been too few credible reports from applicants at this stage to reach a reliable conclusion). Otherwise, when there is a positive CJ decision there is no notice to the applicant until:
-- applicant is sent notice to appear for the oath ceremony, OR
-- applicant receives notice that IRCC has filed an appeal

After 75, 80, or 90 days, or so, and no notice about the CJ's decision, odds are high the CJ approved the application and IRCC is on top of the case, and thus IRCC will timely proceed to schedule the oath, or timely proceed to file an appeal. But there is the slim chance that the CJ has approved the application, IRCC does not agree with the decision but has let the file sit in a queue, so unless you do something to nudge IRCC into acting, into filing an appeal on time, IRCC could miss its deadline for filing an appeal. It happens. (IRCC has attempted to NOT grant citizenship in some of these cases but, subject to some exceptions for prohibitions, the Federal Court's do not give IRCC a break, not so much as a nice-try decision.)

To be clear, the odds of this going this way are slim. BUT there is nothing to be gained by poking the bear in the meantime, other than you might (only MIGHT) get to know the CJ's decision a little sooner than you would otherwise, recognizing the CJ's decision is very likely to become apparent relatively soon.

Let this one simmer awhile longer. Maybe three or five weeks. Odds are you will know by then (negative or positive), or if there is still no notice, odds are you have been approved and will learn what will happen next (probably scheduled for the oath) in due course.

Thank you for your response,

Other than calling and inquiring about it, I've done nothing so far. As hard as it is, I think you are right and I should just let it be. How much time does the IRCC have to appeal the decision (if it was positive and they intend to appeal) before they miss their chance? I could wait until then before any further action to get the decision.

 

[dpenabill]

Thank you for your response,

Other than calling and inquiring about it, I've done nothing so far. As hard as it is, I think you are right and I should just let it be. How much time does the IRCC have to appeal the decision (if it was positive and they intend to appeal) before they miss their chance? I could wait until then before any further action to get the decision.

I am not entirely sure of the deadline for IRCC to make its appeal. It appears the Minister has 30 days. The statutory provision governing appeals is Section 22.1 in the Citizenship Act
see http://laws-lois.justice.gc.ca/eng/acts/C-29/page-7.html#docCont

And it is subsection 22.1(2)(a) which prescribes the 30 day time to bring an appeal.

Your query has led to me to revisit and review this provision for the first time in quite a long while . . . possibly a couple years or so. I do not now recall what source led me to believe, years ago now (when the Bill C-6 changes took effect) the Minister has a "right" to appeal (no application seeking leave for judicial review necessary), but in revisiting the provision itself NOW I am not sure that is correct. I may have been wrong about the Minister having a right to an appeal. It may be the case that the Minister likewise must make a application seeking leave for judicial review and subsection 22.1(3) clarifies this may be to seek judicial review of a Citizenship Judge's approval of an application for citizenship. That would make a lot of sense (but that does not weigh much when interpreting statutes and especially does not weigh much relative to many of the provisions in Harper's Bill C-6, which had more than a fair share of provisions not making much sense but which have, in most respects, largely been fixed by legislation adopted by the Trudeau government).

But I am not sure without reference to some authority or official source . . . I am NOT a Canadian lawyer, after all, so an attempt to interpret statutes (beyond their plain meaning of provisions), that is to interpret them myself, is prone to error.

While we only see a few forum participants reporting their personal experience at this stage of the process, in cases which go to a Citizenship Judge, among the few I recall seeing here, when it has gone this long without seeing a negative decision notice from the CJ has, as best I recall, usually meant it was a positive decision. If you know why it should not be a positive decision, well that would be a big clue otherwise. But most reports suggest negative decisions tend to come sooner than the CJ's deadline.

 

[L560]

I am not entirely sure of the deadline for IRCC to make its appeal. It appears the Minister has 30 days. The statutory provision governing appeals is Section 22.1 in the Citizenship Act
see http://laws-lois.justice.gc.ca/eng/acts/C-29/page-7.html#docCont

And it is subsection 22.1(2)(a) which prescribes the 30 day time to bring an appeal.

Your query has led to me to revisit and review this provision for the first time in quite a long while . . . possibly a couple years or so. I do not now recall what source led me to believe, years ago now (when the Bill C-6 changes took effect) the Minister has a "right" to appeal (no application seeking leave for judicial review necessary), but in revisiting the provision itself NOW I am not sure that is correct. I may have been wrong about the Minister having a right to an appeal. It may be the case that the Minister likewise must make a application seeking leave for judicial review and subsection 22.1(3) clarifies this may be to seek judicial review of a Citizenship Judge's approval of an application for citizenship. That would make a lot of sense (but that does not weigh much when interpreting statutes and especially does not weigh much relative to many of the provisions in Harper's Bill C-6, which had more than a fair share of provisions not making much sense but which have, in most respects, largely been fixed by legislation adopted by the Trudeau government).

But I am not sure without reference to some authority or official source . . . I am NOT a Canadian lawyer, after all, so an attempt to interpret statutes (beyond their plain meaning of provisions), that is to interpret them myself, is prone to error.

While we only see a few forum participants reporting their personal experience at this stage of the process, in cases which go to a Citizenship Judge, among the few I recall seeing here, when it has gone this long without seeing a negative decision notice from the CJ has, as best I recall, usually meant it was a positive decision. If you know why it should not be a positive decision, well that would be a big clue otherwise. But most reports suggest negative decisions tend to come sooner than the CJ's deadline.

I really hope you are right and that "no news is good news". I applied under the old law (pre-2015) and turned out I was a month short so I received two RQs (pre-test and post-test). When I met the judge, he gave me the impression that he will refuse. So I was waiting for the refusal letter and it never came.

Lets wait and see what happens. I will keep you updated maybe someday another person can benefit from my experience.

 

[dpenabill]

I really hope you are right and that "no news is good news". I applied under the old law (pre-2015) and turned out I was a month short so I received two RQs (pre-test and post-test). When I met the judge, he gave me the impression that he will refuse. So I was waiting for the refusal letter and it never came.

Lets wait and see what happens. I will keep you updated maybe someday another person can benefit from my experience.

Most reports have indeed suggested, going back to around 2011 or so, that short-fall applicants (less than 1095 days actual presence) have indeed been more often denied than approved. But a lot depends on many other factors, including overall ties in Canada going back more than three or even four years (even though technically the residency determination is supposed to have focused on the relevant four years). Including where you have been living and working in the meantime (again, even though technically the residency determination is supposed to have focused on the relevant four years). BUT it is almost certain a decision has been made by now and it is what it is . . . leaving you on the edge of your seat waiting for the decision.

There should not be many of those old cases left. And it should not be long now before you find out.

And yes, please do keep us updated.

 

[canvis2006]

Inquire via your local MP's office and/or order GCMS (electronic case notes) notes.
Does your online status say Decision Made or In Processs?
Perhaps obtain a fax number for your local office and send a fax inquiry to them to ask for status update

 

[dpenabill]

Inquire via your local MP's office and/or order GCMS (electronic case notes) notes.
Does your online status say Decision Made or In Processs?
Perhaps obtain a fax number for your local office and send a fax inquiry to them to ask for status update

There is NOTHING, nothing at all, the OP could gain by doing these things.

At least not now.

See the no-reason-to-go-poking-bees-nest discussion above.

The cake is baked and out of the oven. A decision has been made. Done.

Subject only to rare exceptions, the OP will likely know the outcome very soon and in any event will know with near certainty within eight to ten weeks. No reason to take any chance of nudging IRCC into filing an appeal, even if the chances of that are quite small.

If the CJ's decision is negative, for example, the OP will almost certainly get notice of this any day now, within the next three weeks or so almost-for-certain.

Again, see the no-reason-to-go-poking-the-bear discussion above for the somewhat more complex scenarios in the event the CJ approved the application.

 

[L560]

I kept quite since I posted last month and did not try to contact IRCC asking about the decision.

I checked my online status today and it changed from "in Process" to "Decision made" (I check daily, and it was "In Process" yesterday).

It says nothing whether it is negative or positive decision, only that I'll receive it in the mail in the next three months. The 60-days were up on July 9th and today is August 9th. I will post more updates when I get them.

From reading past cases, I'm almost certain it is a negative decision. But a little part of me is still hopeful. Wish me luck.

 

[ZingyDNA]

I kept quite since I posted last month and did not try to contact IRCC asking about the decision.

I checked my online status today and it changed from "in Process" to "Decision made" (I check daily, and it was "In Process" yesterday).

It says nothing whether it is negative or positive decision, only that I'll receive it in the mail in the next three months. The 60-days were up on July 9th and today is August 9th. I will post more updates when I get them.

From reading past cases, I'm almost certain it is a negative decision. But a little part of me is still hopeful. Wish me luck.

I think you should call them. Since you're DM, maybe the call centre agent can see in their system if it's a positive decision or not. Good luck.

 

[jsm0085]

I kept quite since I posted last month and did not try to contact IRCC asking about the decision.

I checked my online status today and it changed from "in Process" to "Decision made" (I check daily, and it was "In Process" yesterday).

It says nothing whether it is negative or positive decision, only that I'll receive it in the mail in the next three months. The 60-days were up on July 9th and today is August 9th. I will post more updates when I get them.

From reading past cases, I'm almost certain it is a negative decision. But a little part of me is still hopeful. Wish me luck.

1) call the contact center today and they should be able to tell you if your application has been approved and if you are now waiting for the oath.
2) submit a web form enquiry.

Neither of these things will cause any problems.

Good luck.

 

[L560]

1) call the contact center today and they should be able to tell you if your application has been approved and if you are now waiting for the oath.
2) submit a web form enquiry.

Neither of these things will cause any problems.

Good luck.

Thanks for the advice, and since I really don't like calling them and spend an hour on hold, I submitted a web form inquiry. Let's see what happens.

 

[torrcan]

Thanks for the advice, and since I really don't like calling them and spend an hour on hold, I submitted a web form inquiry. Let's see what happens.

May be you can order GCMS notes today
https://atip-aiprp.apps.gc.ca/atip/welcome.do

 

[SpiceIsland]

I kept quite since I posted last month and did not try to contact IRCC asking about the decision.

I checked my online status today and it changed from "in Process" to "Decision made" (I check daily, and it was "In Process" yesterday).

It says nothing whether it is negative or positive decision, only that I'll receive it in the mail in the next three months. The 60-days were up on July 9th and today is August 9th. I will post more updates when I get them.

From reading past cases, I'm almost certain it is a negative decision. But a little part of me is still hopeful. Wish me luck.

I hope it’s good news.goodluck