Refugee status cessation and PRs applying for citizenship

[dpenabill]

My journey started when I got my PR as a refugee back in 2009 and shortly after I applied for a new passport from my country of citizenship since my seized passport had expired. Given that someone important in my family had terminal illness I wanted to go back to visit but I actually still had genuine fears for my life given the political situation and the reason why I claimed (threat from state actors). I had planned to sneak into the country through a third country but that option was ruled out because due to the remoteness of the border entry, I felt that if caught by state actors, they would be at liberty to do anything to me in the shadows as opposed to the at the bright lights of an international airport. After much thought, I felt a lot of anger because, despite being a “protected person” in Canada I felt that my oppressors still had a virtual stranglehold on me by virtue of my fear to travel there. I viewed this as a virtual prison that effectively alienated me from my family - not being able to visit with my dying family member. My anger and the "activist" in me led me to deciding to "take them head on" - take a risk to visit my loved one - to go as normal through the airport.

THANK YOU for this personal account of your journey. AND CONGRATULATIONS for becoming a Canadian citizen.

I hope others read your account and appreciate its nuances.


Some Observations:

Perhaps the most important observation is the least secure one: your story tends to reaffirm the view that the Canadian government is NOT approaching this punitively. That NOT all PR-refugees who obtain a home country passport and travel to the home country will have cessation proceedings brought against them. Unfortunately, as you so eloquently illustrated, under the current law there is no guarantee of a "reasonable, balanced approach that is humane while upholding immigration system integrity," so those who have faced similar dilemmas, which can arise for a variety of reasons, and made similar decisions, remain at risk and indeed should proceed rather cautiously going forward.

I also applaud your patience. I am a big advocate of WAITING to apply for citizenship in SOME personal situations, and your patience in this regard is a strong testament to the prudence of doing this. The reasons why it would be prudent to wait longer to apply for citizenship vary widely. Many prospective citizenship applicants would be wise to be less focused on the date they become *eligible,* and more focused on WHEN is the RIGHT TIME for THEM, for them PERSONALLY, to make a citizenship application. (I waited well over two years past the date I first became eligible, and I am confident that was indeed a good decision.)


Some further observations about your journey in particular:

It warrants noting that when you applied for a home country passport in 2009, that could have NO EFFECT on your PR status in Canada. There was NO reason, at that time, to apprehend anything wrong about obtaining a new passport from your home country.

It appears your trip to the home country was also in 2009 or soon thereafter. In any event, any trip to your home country BEFORE December 2012 would NOT have any legal impact on your PR status. Yes, of course, there were some RISKS, the dangers, relative to the situation fled, but in terms of your PR status, there was NOTHING prohibiting a trip to the home country, NO legal consequences for traveling to the home country. NO reason to apprehend any problems other than those directly about being in your home country (as you described).

THEN, in December 2012 the Harper government CHANGED the law. And that change not only imposed severe consequences for refugee-PRs who obtained a home country passport after it took effect, in December 2012, it imposed potentially catastrophic consequences for those who had done so BEFORE the change in law. Likewise regarding travel to the home country. Even though there was NO legal prohibition or Canadian consequences for travel to the home country at the time of the travel, AFTER December 2012 any such travel could become grounds for cessation . . . and indeed, one of the early cases involved a PR who had traveled to the home country nearly a DECADE earlier, long, long before there was even a hint Canada might change the law.

If you became aware of the cessation problem in 2014, that was well BEFORE I did. Perhaps a good thing you were aware of it. As well as things went with your citizenship application in 2018, an application when Chris Alexander was the Minister of CIC, back in 2014 or 2015, might NOT have gone so well. While the law itself did not change after the end of the Harper government, there are indications the subsequent government has been significantly less aggressive in its enforcement.

Note that I started this topic in August 2015. I was stunned, at the time, that there was so little known about this huge change in the law that had taken place two and a half years earlier, and how it was having a draconian impact on PR-refugees, many of whom were NOT aware that cessation could apply to a Canadian PR. And back then it seemed more than a few lawyers were not very much familiar with the Harper change in law. My impression is that in the meantime many more lawyers have become educated about this issue.

Finally I wholeheartedly agree with your caution to others who may face this issue, including in particular that they consider seeking professional legal advice before proceeding with a citizenship application if there are any cessation grounds possibly applicable in their cases.

Again, thank you. Thorough reporting of this sort is very much appreciated.

 

[Abuukar Gacal]

Helloo
As a resettled refugee through UNHCR, I landed in 2010. I got my pr card shortly and got a 5year valid travel document.
I traveled in march 2012 to my home country Somalia. Because of my wife problems wanting divorce and fleing with my children. They were abducted while fleeing by terrorists. I was teying to find them. While I was there I got national passport. I returned Canada in 2014. CBSA checked my pags and found the national passport. They siezed it. And applied cessation. July 2015, my refugee status ceased. I tried to renew my PR card but was told by email, that I am considered to be a PR. and I was called by CBSA and put me on reporting schedule.
I consulted with a lawyer and advice me to apply H&C. I applied early 2017. Application received February 2017. Processing started on July 2017. Thats all it shows so far on the page.
While, I was recently reporting. a CBSA officer t said to me, you may apply your country passort. He also asked me when did you apply the H&C, I said February 2017. He said your H&C application may take 4 years.
I do not understand whats going on? What do you think?
Is it ok that I get a passport from my country?
The passport they seized has expired.
On CIC page, it says processing time is 32 mounth. So far I am waiting 29 month. Do you think there is chance to be approved soon. Or It will take 4 years as the officer said.
I really feel abused being put open air prison in the past 5 years and no longer feel home in Canada. Its ridiculous, Canada treats permanent residents this way. They rather change the word permanent before they make it useless. Five years of stress and denied work permit and study permit.
My children are yet missing and last known to be taken hostage by terrorists.
If they grant me PR under H&C, what do uou think about my children if found?
Thank You.

 

[canuck78]

Helloo
As a resettled refugee through UNHCR, I landed in 2010. I got my pr card shortly and got a 5year valid travel document.
I traveled in march 2012 to my home country Somalia. Because of my wife problems wanting divorce and fleing with my children. They were abducted while fleeing by terrorists. I was teying to find them. While I was there I got national passport. I returned Canada in 2014. CBSA checked my pags and found the national passport. They siezed it. And applied cessation. July 2015, my refugee status ceased. I tried to renew my PR card but was told by email, that I am considered to be a PR. and I was called by CBSA and put me on reporting schedule.
I consulted with a lawyer and advice me to apply H&C. I applied early 2017. Application received February 2017. Processing started on July 2017. Thats all it shows so far on the page.
While, I was recently reporting. a CBSA officer t said to me, you may apply your country passort. He also asked me when did you apply the H&C, I said February 2017. He said your H&C application may take 4 years.
I do not understand whats going on? What do you think?
Is it ok that I get a passport from my country?
The passport they seized has expired.
On CIC page, it says processing time is 32 mounth. So far I am waiting 29 month. Do you think there is chance to be approved soon. Or It will take 4 years as the officer said.
I really feel abused being put open air prison in the past 5 years and no longer feel home in Canada. Its ridiculous, Canada treats permanent residents this way. They rather change the word permanent before they make it useless. Five years of stress and denied work permit and study permit.
My children are yet missing and last known to be taken hostage by terrorists.
If they grant me PR under H&C, what do uou think about my children if found?
Thank You.

I would not suggest you get a passport from your home country or travel to your home country unless you are willing to 100% give up your status in Canada.

I may have a different opinion. I think if Canada if you are asking for asylum and Canada is willing to grant you or your family safety, education, healthcare (more than Canadians receive), welfare payments, free shelter in some cases, etc. Canada assumes you are so fearful for your life that you don’t want to and won’t return especially after being recently resettled. I do think that the government should make the rules very clear. In your case you you left Canada for 1-2 years and you originally left due to a family breakdown situation. That is a very long time in a country where you feared for your life. I understand that your family was involved but you did return without finding them. You could have technically filed for divorce and the children and your wife could have had their documents seized. You could have approached the government about parental abduction. If you retain your PR you can sponsor any child under 22 and not married.

 

[dpenabill]

Helloo
As a resettled refugee through UNHCR, I landed in 2010. I got my pr card shortly and got a 5year valid travel document.
I traveled in march 2012 to my home country Somalia. Because of my wife problems wanting divorce and fleing with my children. They were abducted while fleeing by terrorists. I was teying to find them. While I was there I got national passport. I returned Canada in 2014. CBSA checked my pags and found the national passport. They siezed it. And applied cessation. July 2015, my refugee status ceased. I tried to renew my PR card but was told by email, that I am considered to be a PR. and I was called by CBSA and put me on reporting schedule.
I consulted with a lawyer and advice me to apply H&C. I applied early 2017. Application received February 2017. Processing started on July 2017. Thats all it shows so far on the page.
While, I was recently reporting. a CBSA officer t said to me, you may apply your country passort. He also asked me when did you apply the H&C, I said February 2017. He said your H&C application may take 4 years.
I do not understand whats going on? What do you think?
Is it ok that I get a passport from my country?
The passport they seized has expired.
On CIC page, it says processing time is 32 mounth. So far I am waiting 29 month. Do you think there is chance to be approved soon. Or It will take 4 years as the officer said.
I really feel abused being put open air prison in the past 5 years and no longer feel home in Canada. Its ridiculous, Canada treats permanent residents this way. They rather change the word permanent before they make it useless. Five years of stress and denied work permit and study permit.
My children are yet missing and last known to be taken hostage by terrorists.
If they grant me PR under H&C, what do uou think about my children if found?
Thank You.

Sorry, you probably will not find much help here.

This part of the site is about citizenship.

While this particular topic is about cessation of refugee or protected person status, it is focused on this process as it affects PRs, and especially PRs applying or prospectively considering applying for citizenship. It appears that you have NOT been a PR since July 2015 (cessation automatically terminates PR status).

While there may be offers of advice for you here, it appears you are in rather difficult waters well beyond the range of what can be realistically, practically, or reliably addressed here. Your best bet is to utilize the services of a competent lawyer with experience in refugee and H&C cases. If you cannot afford or find a lawyer, perhaps there are some local aid groups where you can at least obtain some experienced based information.

That said, there are other conferences where there should be discussions more relevant to your questions and situation. There is, for example, a conference specifically about refugees and those seeking asylum. Maybe you can find useful information in the discussion linked in the following partial quote:

Other immigration programs have so much threads and are well documented. So I wish we can create at least one more for H&C. I have to admit that these programs are less unpredictable in terme of processing time so it much easier to rely on another appliquant timeline to guess your's. But lets try to combine as much infos as we can to get an idea of what we are going through.

 

[canuck78]

It does seem like @Abuukar Gacal has a lawyer. Or consulted with a lawyer and filed an H&C. You should know if you have been approved in pricing all in 1-2 years. That will give you an idea whether you are approved or denied. Leaving Canada would likely lessen your chances of being approved although approval was never guaranteed.

Agree that if you aren’t working with a lawyer this is a situation where you should if you can.

 

[Abuukar Gacal]

Thank You Guys. I hired a very experienced lawyer. He prepared excellent H&C case application and it was received by the CIC on February 2017 and processing started July 2017. Thats all shown on my cic application account so far. However, CBSA officer recently suggested me to get a passport for my home country. I assume that if you get a PR through H&C, you have no worries about getting passport or making a visit to your home country because H&C is not convention refugee asylum. I used to be a protected refugee and Permanent resident and I used to hold a refugee travel document but both status are gone due to cessation of my refugee status on july 2015. Now, I am expecting retention of PR status through H&C. if I get the PR status again through H&C, I am not illegible to apply refugee Travel Document because I am refugee any more. So, what passport can I use to travel.
will the CIC give me the PR without having a passport from my home country?
Canada is very coo country with very compassionate governmentl but the cessation law is making it HELL. Knowing this law involving dealing with refugees who have who have life conditions and continue to make life Canada and at the same time fix conditions with family members in back home. I hope they fix this law.

 

[shyness]

I applied for my passport i didnt know I shouldn’t, went to the British virgin island to meet yp with family for a reunion for 6 days never travel to my home country... because when i landed the lady told me i can travel all over the world but not the country where i claim protection and she handed me back my passport, i applied for my citizenship! Got my AOR already but im hoping i dont run into any difficulties reading all this is making me ive been here for 20 years waited 7 years for PR ! Never travel until 2017 for that trip... phew need prayers ! Will update

 

[Fallen_Warrior]

I applied for my passport i didnt know I shouldn’t, went to the British virgin island to meet yp with family for a reunion for 6 days never travel to my home country... because when i landed the lady told me i can travel all over the world but not the country where i claim protection and she handed me back my passport, i applied for my citizenship! Got my AOR already but im hoping i dont run into any difficulties reading all this is making me ive been here for 20 years waited 7 years for PR ! Never travel until 2017 for that trip... phew need prayers ! Will update

Best of luck! Please keep us all updated.

 

[shyness]

I definitely will for others who in the same position!! Thank you

Best of luck! Please keep us all updated.

 

[Fnamavati]

@dpenabill

Thanks for your response below.

Its been more than 5 months for my citizenahip application no AOR no rejection hence i wrote to our local MP and received below response from CIC:


Thank you for contacting the Information Centre for Members of Parliament and Senators.



We have verified the information you provided on behalf of your constituent.



We can provide you with the following details about the status of the application for a Citizenship Adult Grant for ......



· A note on file dating from May 1, 2019 confirms that the Case Processing Centre in Sydney, Nova Scotia received the application.

• However, the application is currently under review and the application is considered complex:
  • The file is undergoing further verifications regarding the client’s eligibility to apply for citizenship. Rest assured that the responsible office will inform the applicant, if they have to provide further details.

So they are still verifying the eligibilty. Not sure how can they take 5 months just to determine the eligibility.

What are your thoughts?

Based on what you report it is very unlikely there is a cessation issue.

As @Seym observed, there can be widely different timelines even for how long it takes to get AOR.

Moreover, as I previously observed in response to an earlier query by you:



One difference for refugees is that some may be subject to proceedings to vacate their refugee or protected person status. There were 363 applications to vacate status allowed last year, for example, which is THREE times the number of cessation applications allowed in 2018. And most years (but not all) the number of new applications to vacate status is larger than the number of new cessation applications. (Most recent statistics can be seen here: https://irb-cisr.gc.ca/en/statistics/protection/Pages/RPDVacStat.aspx )

Vacating status is a separate topic from cessation, the latter being the subject here. The only grounds for vacating status are misrepresentation or withholding material information in the process of becoming a refugee. You do NOT hint there is any such concern in your situation, and unless you are aware of some reason to be concerned about this (you know your facts, your background) it is very unlikely this is an issue. If you have some reason for concern about this, perhaps there is some discussion of this topic in the conference specifically about refugee related topics.

MOSTLY YOU NEED TO WAIT. You mostly need to wait to hear from IRCC (or possibly CBSA if indeed there is an issue as to the validity of your refugee status, which is NOT to suggest that is at all likely; there is merely the possibility).

SO WAIT and WATCH for communications from IRCC. And respond accordingly.

NOTE: there are many, many little things that can be off in the application, resulting in some delay, or in the application being returned as incomplete, or some other sort of non-routine processing, MOST of which are NOT a big deal, NOT a significant let alone serious problem. So, again, for now it is all about WAITING and WATCHING for communication from IRCC, and responding accordingly.

BOTTOM-LINE: The vast, vast majority of qualified applicants who properly completed the application, who have not engaged in misrepresentation at any stage of their immigration process, HAVE NO REASON TO WORRY . . . EVEN IF THERE IS SOME DELAY in their particular case.

 

[Fnamavati]

@dpenabill

Thanks for your response below.

Its been more than 5 months for my citizenahip application no AOR no rejection hence i wrote to our local MP and received below response from CIC:


Thank you for contacting the Information Centre for Members of Parliament and Senators.



We have verified the information you provided on behalf of your constituent.



We can provide you with the following details about the status of the application for a Citizenship Adult Grant for ......



· A note on file dating from May 1, 2019 confirms that the Case Processing Centre in Sydney, Nova Scotia received the application.

• However, the application is currently under review and the application is considered complex:
  • The file is undergoing further verifications regarding the client’s eligibility to apply for citizenship. Rest assured that the responsible office will inform the applicant, if they have to provide further details.

So they are still verifying the eligibilty. Not sure how can they take 5 months just to determine the eligibility.

@dpenabill What are your thoughts? Anything for me to worry? Should i consult my lawyer??

Based on what you report it is very unlikely there is a cessation issue.

As @Seym observed, there can be widely different timelines even for how long it takes to get AOR.

Moreover, as I previously observed in response to an earlier query by you:



One difference for refugees is that some may be subject to proceedings to vacate their refugee or protected person status. There were 363 applications to vacate status allowed last year, for example, which is THREE times the number of cessation applications allowed in 2018. And most years (but not all) the number of new applications to vacate status is larger than the number of new cessation applications. (Most recent statistics can be seen here: https://irb-cisr.gc.ca/en/statistics/protection/Pages/RPDVacStat.aspx )

Vacating status is a separate topic from cessation, the latter being the subject here. The only grounds for vacating status are misrepresentation or withholding material information in the process of becoming a refugee. You do NOT hint there is any such concern in your situation, and unless you are aware of some reason to be concerned about this (you know your facts, your background) it is very unlikely this is an issue. If you have some reason for concern about this, perhaps there is some discussion of this topic in the conference specifically about refugee related topics.

MOSTLY YOU NEED TO WAIT. You mostly need to wait to hear from IRCC (or possibly CBSA if indeed there is an issue as to the validity of your refugee status, which is NOT to suggest that is at all likely; there is merely the possibility).

SO WAIT and WATCH for communications from IRCC. And respond accordingly.

NOTE: there are many, many little things that can be off in the application, resulting in some delay, or in the application being returned as incomplete, or some other sort of non-routine processing, MOST of which are NOT a big deal, NOT a significant let alone serious problem. So, again, for now it is all about WAITING and WATCHING for communication from IRCC, and responding accordingly.

BOTTOM-LINE: The vast, vast majority of qualified applicants who properly completed the application, who have not engaged in misrepresentation at any stage of their immigration process, HAVE NO REASON TO WORRY . . . EVEN IF THERE IS SOME DELAY in their particular case.

 

[dpenabill]

@dpenabill

Thanks for your response below.

Its been more than 5 months for my citizenahip application no AOR no rejection hence i wrote to our local MP and received below response from CIC:


Thank you for contacting the Information Centre for Members of Parliament and Senators.



We have verified the information you provided on behalf of your constituent.



We can provide you with the following details about the status of the application for a Citizenship Adult Grant for ......



· A note on file dating from May 1, 2019 confirms that the Case Processing Centre in Sydney, Nova Scotia received the application.

• However, the application is currently under review and the application is considered complex:
  • The file is undergoing further verifications regarding the client’s eligibility to apply for citizenship. Rest assured that the responsible office will inform the applicant, if they have to provide further details.

So they are still verifying the eligibilty. Not sure how can they take 5 months just to determine the eligibility.

@dpenabill What are your thoughts? Anything for me to worry? Should i consult my lawyer??

Consulting with a lawyer generally costs no more than the fees. There is no downside other than the expense. For those who can afford consulting with a lawyer, of course I do not hesitate, yes of course consulting with a lawyer is a good idea.

Beyond that, a REMINDER: I am NOT an expert and I am NOT qualified to offer personal advice. This is not about mere formalities. There are, in particular, many reasons, including many practical reasons, why I cannot offer reliable personal advice.

Why your case is considered complex and, apparently, is in a queue for a layer of screening and assessment apart from the routine processing path, I cannot guess. While I do not know, this may be one of the scenarios in which the application has been referred to the Program Support Unit, whose operations and functions are largely obscure; all we really know is that there is a PSU where certain so-called "complex" issues are examined. Again, I am NOT sure your application has been referred to the PSU but that's my guess. Emphasis on it being a GUESS.

Whether or not this screening derives from your underlying protected person or refugee status is difficult to know. As I previously observed, based on the circumstances you have described, it seems very unlikely this is a cessation issue, at least NOT one based on reavailment. Other than some familiarity with cessation on grounds of reavailment, I am actually rather ignorant about refugee related issues, so I am of little or no help if there is some other aspect of your immigration journey that is a problem.

You know your situation, your history, your journey, your more recent and current circumstances. You can easily review the requirements for citizenship (see, for example, the section of the Guide about eligibility for citizenship) and compare each respectively to your own facts and circumstances. And from that perhaps discern what requirement for citizenship might be of concern. Hopefully you kept a complete copy of the application you submitted and can use that to review your situation, or to take to a lawyer to obtain a lawyer's opinion or advice.

While there tends to be way, way too many suggestions, in this forum, to make the ATIP application for a copy of one's citizenship file records, this may be one of those situations in which it would be a good idea to go ahead and do the ATIP request . . . including a request for a copy of the physical file (which could be of use in particular if you see a lawyer). Generally it is more useful, more likely to result in obtaining real information, to make a carefully composed, well researched customized ATIP application, but that is NOT an easy task and demands doing a lot of homework, whereas for now, at this stage, just the generic ATIP request, but including a request for a copy of the physical file, might reveal more about what is going on and, perhaps, even some clue as to why.

That's the best I can offer. My guess is this is not about potential cessation on grounds of reavailment, but some other issue, some other concern. Again, emphasis on this being a GUESS.

 

[Fnamavati]

Thanks @dpenabill

I received a communication from cic with application number below, not sure if it is AOR or are they telling me they are still reviewing the application. Any idea? Or should i call cic to confirm

This is to acknowledge receipt of your application for Canadian Citizenship. We will review your application and supporting documents and will contact you if additional information is required. All citizenship applicants between 18 and 54 years of age on the date they sign their application must meet language and knowledge requirements to become a Canadian citizen. If this includes you, you will need to: • Demonstrate competence in basic communication in English or French. • Pass a written or if necessary, an oral test on your knowledge of Canada and the rights and responsibilities of citizenship. The knowledge test is based on the information provided in the official citizenship study guide. It is 20 multiple choice questions and you must get at least 15 correct to pass. • The study guide is available on the IRCC website at: On the same page, you will find more information on how to prepare for the test. • If you are receiving this letter by regular mail, a print version of the study guide is enclosed. When your application has been reviewed and has met basic eligibility, IRCC will send you correspondence to invite you to a knowledge test.

It could take a few months before you hear from us. Contact information It is very important that you notify IRCC of any changes in your con

Consulting with a lawyer generally costs no more than the fees. There is no downside other than the expense. For those who can afford consulting with a lawyer, of course I do not hesitate, yes of course consulting with a lawyer is a good idea.

Beyond that, a REMINDER: I am NOT an expert and I am NOT qualified to offer personal advice. This is not about mere formalities. There are, in particular, many reasons, including many practical reasons, why I cannot offer reliable personal advice.

Why your case is considered complex and, apparently, is in a queue for a layer of screening and assessment apart from the routine processing path, I cannot guess. While I do not know, this may be one of the scenarios in which the application has been referred to the Program Support Unit, whose operations and functions are largely obscure; all we really know is that there is a PSU where certain so-called "complex" issues are examined. Again, I am NOT sure your application has been referred to the PSU but that's my guess. Emphasis on it being a GUESS.

Whether or not this screening derives from your underlying protected person or refugee status is difficult to know. As I previously observed, based on the circumstances you have described, it seems very unlikely this is a cessation issue, at least NOT one based on reavailment. Other than some familiarity with cessation on grounds of reavailment, I am actually rather ignorant about refugee related issues, so I am of little or no help if there is some other aspect of your immigration journey that is a problem.

You know your situation, your history, your journey, your more recent and current circumstances. You can easily review the requirements for citizenship (see, for example, the section of the Guide about eligibility for citizenship) and compare each respectively to your own facts and circumstances. And from that perhaps discern what requirement for citizenship might be of concern. Hopefully you kept a complete copy of the application you submitted and can use that to review your situation, or to take to a lawyer to obtain a lawyer's opinion or advice.

While there tends to be way, way too many suggestions, in this forum, to make the ATIP application for a copy of one's citizenship file records, this may be one of those situations in which it would be a good idea to go ahead and do the ATIP request . . . including a request for a copy of the physical file (which could be of use in particular if you see a lawyer). Generally it is more useful, more likely to result in obtaining real information, to make a carefully composed, well researched customized ATIP application, but that is NOT an easy task and demands doing a lot of homework, whereas for now, at this stage, just the generic ATIP request, but including a request for a copy of the physical file, might reveal more about what is going on and, perhaps, even some clue as to why.

That's the best I can offer. My guess is this is not about potential cessation on grounds of reavailment, but some other issue, some other concern. Again, emphasis on this being a GUESS.

 

[dpenabill]

Thanks @dpenabill

I received a communication from cic with application number below, not sure if it is AOR or are they telling me they are still reviewing the application. Any idea? Or should i call cic to confirm

This is to acknowledge receipt of your application for Canadian Citizenship. We will review your application and supporting documents and will contact you if additional information is required. All citizenship applicants between 18 and 54 years of age on the date they sign their application must meet language and knowledge requirements to become a Canadian citizen. If this includes you, you will need to: • Demonstrate competence in basic communication in English or French. • Pass a written or if necessary, an oral test on your knowledge of Canada and the rights and responsibilities of citizenship. The knowledge test is based on the information provided in the official citizenship study guide. It is 20 multiple choice questions and you must get at least 15 correct to pass. • The study guide is available on the IRCC website at: On the same page, you will find more information on how to prepare for the test. • If you are receiving this letter by regular mail, a print version of the study guide is enclosed. When your application has been reviewed and has met basic eligibility, IRCC will send you correspondence to invite you to a knowledge test.

It could take a few months before you hear from us. Contact information It is very important that you notify IRCC of any changes in your con

This looks like an AOR notice . . . but I have not reviewed what these notices currently or anywhere near recently look like. Your eCas should clearly confirm you have AOR.

And others with more current experience should be able to confirm or clarify.

 

[dpenabill]

In the vein of updates, a recent Federal Court decision addresses some of the key issues in cessation of status based on reavailment. In Lu v. Canada (Citizenship and Immigration), 2019 FC 1060 http://canlii.ca/t/j1w91 the FC addresses three key elements of cessation on the grounds of reavailment:

-- Voluntariness: The claimant must act voluntarily;
-- Intention: The claimant must intend by their actions to reavail themself of the protection of the country of their nationality;
-- Reavailment: The claimant must actually obtain such protection.​

These have all been addressed at length above. And of course the presumption of reavailment based on obtaining a passport from the home country looms large, particularly in conjunction with travel to the home country.

There is a somewhat novel argument made in this case, which the FC does not, so to say, "buy." Lorne Waldman being the lawyer here, and making a fairly strong case quite against the odds.

Been a long, long night and well into the day now, having finally submitted, this morning, a manuscript long past the deadline for which I have, as I am wont to do, been too long beating like dead horse . . . so I should revisit Justice Walker's analysis later and if warranted further address the Justice's analysis. For now, though, it warrants emphasizing that this is another case in which the refugee-PR had a rather substantial trail including multiple trips to the home country, typically for a month at a time, and TWO times having renewed the home country passport. My impression is that Lorne Waldman made a rather notable even though futile attempt to, as one might say, make lemonade from lemons.