Hi everyone,
I have an issue I need your help for:
I am a Nov. applicant from Toronto. During the interview the officer raised some concerns as I had a long list of temporary addresses for like 1 year (I was unemployed and studying) and also for a fact that I was unemployed.
He asked for proof of some docs which I sent back in March. I have now been issued a full RQ CIT 0171, a general cover letter asking for docs which duplicates the RQ 0171 and a consent for US entry exits. It also states that I do not need to resend the docs that I have already sent. The general cover letter asks for entry/exit reports from all countries I have had temporary or permanent residence permits.
I had fewer than 30 days as buffer and I understand the officer's concern, but what I dont understand is that why he didnt ask for the RQ during the interview itself. He also was very positive that once he sees the docs he asked during the interview, he would approve the case. I am 100% sure of my days calculations as it was checked about 4 times rigorously.
As I am currently outside Canada and someone else checks my mail, I have the following questions:
1) does it make a difference to fill the form from outside Canada and send it back? or I should come back and fill it?
2) is it advisable to get a lawyer involved at this stage? (if so do you have suggestions for someone who has experience in dealing with RQs?
3) would it be helpful at this stage to order an ATIP for "physical files" not the electronic notes? I have heard it could take much longer than a month
4) does anyone know if it is possible to get entry exit report from Schengen states including Germany?
5) the letter does not have any date but it is mentioned on RQ that I have 30 days. How should I know when the 30 day start? Should I call CIC?
6) for the period that I was unemployed: there is a question on RQ 0171 which says explain your situation on how you sustained yourself. I was wondering if it is advisable to send extra docs showing my activity in Canada during those periods like a letter I got from the Employment Search agency in Toronto with a log of my attendance there.
7) I have already sent some period that the officer had requested to prove I was supported by family. Is it advisable to send bank statements for some mkre periods during which I was supported by family and the officer didnt ask for them during the interview?
I would highly appreciate any comments!
Why and for how long you have been outside Canada can make a difference. How so is a complicated enough question to warrant its own extensive discussion.
One key factor, however, is whether or not you are now living outside Canada and whether you have properly kept IRCC advised as to your current place of residence; obviously, if you are no longer living at the address IRCC has for you, that could constitute a misrepresentation by omission (you certified, in the signature box on the application, you would notify IRCC of any changes in the information in the application, and that clearly includes your current residential address, the place where you ACTUALLY live).
In contrast, if you only recently went abroad for a temporary purpose, the fact you are abroad should make little difference. Other than it complicates timely communication, including responding to the RQ.
In between there are many variables and nuances, and as I said, how just being abroad can affect things is a complicated enough question to warrant its own extensive discussion.
AND THAT IS JUST ONE POTENTIALLY COMPLICATING ISSUE.
Whether to obtain the assistance of a lawyer is a very personal question, subject to numerous very individual factors, including what you can afford, how complicated the case is, how competent you are in handling these kinds of matters. I tend to suggest that if in doubt, and a lawyer is affordable, LAWYER-UP. It will rarely hurt to obtain a lawyer, other than the pain in the pocketbook.
My sense is that if the success of the citizenship application is a priority for you, and you can afford a lawyer, a lawyer could help. But I do NOT really know that you need a lawyer or how much difference it will make in your situation.
I have no lawyer recommendations.
Ordering GCMS notes or the physical file is NOT LIKELY to be productive. You know the situation. The physical file will not reveal much if anything more than what you are already aware of.
In particular, full-blown RQ at this stage indicates you have a presence case. IRCC has questions about your physical presence. The situation is clear: It is now your burden, your task, to submit enough evidence, enough objective documentation, to prove your physical presence in Canada on the days you claim to have been in Canada. To a large extent this comes down to objective, direct proof you were actually IN CANADA during the periods of time between the date you reported entering Canada and the next reported date you exited Canada.
So yes, including some extra documentation is probably a good idea, such as "
sending extra docs showing [your]
activity in Canada during those periods like a letter [you]
got from the Employment Search agency in Toronto with a log of [your]
attendance there."
Likewise some financial documentation . . . showing your activities in Canada and showing source of funds.
BUT, BUT your situation could be more complicated than that. I do NOT really know. I am NO expert. This is NOT an appropriate forum for obtaining personal advice for a specific individual case, let alone in the degree of detail your questions elicit.
At the least you need to make a concerted effort to TIMELY provide as much of the information and documentation requested as you can, and include in that an explanation about what you are not providing and why, and if the why is that you are waiting for the information from other sources (like other government bodies), say so along with an explanation that the documents have been requested, and affirm that you will submit those when you obtain them.
FOLLOW THE INSTRUCTIONS and FULLY RESPOND TO ALL REQUESTS as best you can. Again, at this stage the full blown RQ tends to mean that the Citizenship Officer has overt suspicions about your case AND it is your burden to prove your presence.
(Knowing why the interviewer did not issue RQ at the interview would not illuminate much if anything for you. Odds are your interviewer was a processing agent who made notes and submitted observations to be reviewed by the responsible Citizenship Officer, and upon reviewing your case after the interview, the Citizenship Officer is the one who probably decided to issue CIT 0171. The interviewer probably already had questions, concerns, but the Citizenship Officer is the one who has the decision making authority.)
