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After 36 months: I go for Mandamus! Who else here has hired a lawyer?

CanuckForEver

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Feb 2, 2013
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Godspeed Walitys, we're all praying for you and may this turbulent journey come to an end!
 

cicvictim

Newbie
Mar 26, 2014
8
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I am new to the forum and for some odd reason can't seem to send private messages here.

Waitlys - i am trying to message you to ask for the lawyer's contact but can't message. Can you see if you can inbox me.

My timeline:

Been in Canada for 12 years - as an International Student, then left overseas for work and then came back as a PR in 2008, settled full-time in 2009
Applied and Application received June 2012
Processing started Jan 2013
RQ - Mar 2013. RQ submitted within the 45 day timeline (i have extensive travel after my application was submitted. This was through my employer that put me on a US project, i travelled there Mon-Thu). I submitted everything, even outside the 4 years as they had asked since first day of arrival - Travel, Tax, Rental agreements, Insurance, OHIP as well as my own personal Medical Records, CBSA, Banking, community letters, job letters.

No official communication till now. My MP's office told me that i would be called for a JH, but did not know when that would be. Told me to follow-up in three-months time. I subsequently called CIC and they said nothing about a JH. All i was told (i wasn't expecting much anyways from an agent) that everything is fine in my file, it just is in line to be processed. Gave me boilerplate reply that non-routine takes 36 months so you should be looking at June 2015.

The reason i am looking for a lawyer is two-fold. First, to take with me to whenever the JH happens. No one would know the case more than me but a lawyer will be a good safety. Secondly, my wife who i sponsored to Canada, applied in summer 2013 and she already has her test in April. If she becomes a citizen before me, it would be another black mark on the whole process itself. I want to consult the lawyer to see how can i proceed legally as i won't be "eligible" for a WOM before atleast June 2015.

Lastly - my own POV - in order to reduce the timelines,as evident from the surge in approvals last few months, i believe CIC is doing full-acceleration of all new routine apps that happened in 2013. At the sametime, they are judicially looking at majority of those RQ or non-routine apps that are hitting the 2yr and 3 yr mark to expedite those in order to bring the worst case stats down. This leaves most of us non-routine folks in a random selection pile as some of us may take a long time while others may get called for tests soon enough. A case in point is where a lot of RQs got letters in Dec 2013 asking them to be ready for a test while a lot of others with similar profiles never got such letters.
 

IcogitoErgoSum

Full Member
Jul 12, 2013
21
0
A case in point is where a lot of RQs got letters in Dec 2013 asking them to be ready for a test while a lot of others with similar profiles never got such letters.
[/quote]

I got directly "Letter to Appear and write the test" although from what I see, most of the RQ receivers, first get "letter to prepare", then they get "letter to appear and write test". BTW, I'm a 2013 RQ receiver. Does anyone know if RQ gets processed before they invite you to test, or just invite you whenever your file gets in line, and deal with the RQ latter!?
 

cicvictim

Newbie
Mar 26, 2014
8
0
IcogitoErgoSum said:
A case in point is where a lot of RQs got letters in Dec 2013 asking them to be ready for a test while a lot of others with similar profiles never got such letters.


I got directly "Letter to Appear and write the test" although from what I see, most of the RQ receivers, first get "letter to prepare", then they get "letter to appear and write test". BTW, I'm a 2013 RQ receiver. Does anyone know if RQ gets processed before they invite you to test, or just invite you whenever your file gets in line, and deal with the RQ latter!?
Thanks IcogitoErgoSum - can you share some details on your interview during the test? what type of questions were you asked?
 

IcogitoErgoSum

Full Member
Jul 12, 2013
21
0
cicvictim said:
Thanks IcogitoErgoSum - can you share some details on your interview during the test? what type of questions were you asked?
Just basic questions. How many times did you get out of the country, and why. What have you been doing since you are in Canada...It was very short...less than 5 minutes. Checked my id's, and told me that a Jundge will make a decision between 2-4 months.
 

cicvictim

Newbie
Mar 26, 2014
8
0
Thanks Icogito. From what i've read on this forum and the other immigration.ca one, the case moving to CJ is a standard process, it may not mean a CJ hearing. And as the case is moved to a Judge, the policy is that the Judge has 60 days to make a decision.
 

panamera

Newbie
Mar 31, 2014
2
0
Hi,

My citizenship application was received in June 2011 and I took my citizenship test in June 2012. CIC agent told me I passed the test and will be hearing for the oath. After 100 days I received RQ which I submitted almost 450 pages of supporting documents in September 2012. Since that time I have had no news which I am sure nobody has even looked at my file since sending the requested documents. CIC agent told me to call them in June 2014 (36 months from the date application was received) and they will send an email to St Claire office and the have to reply them within 3 months.
I know post test RQ will take much longer to process compared with pre test RQ.Have you heard anybody with post test RQ going for the oath ? if so what was the timeline.
Any similarities with my case ?
Thanks
 

daktrader

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Apr 1, 2014
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walitys said:
Yes, let's bring this topic back on its original track.

28 days have passed since my hearing.
Still have NO NEWS from a Citizenship Judge or CIC. The Judge has 32 more days to decide (total of 60 days).
My lawyer suggested to wait until day 59 and - if there will be no decision still - ask the Federal Court for a mandamus hearing date.

I forgot: there was ONE bit of news: AFTER the hearing with a CJ my lawyer was called by someone from the Department of Justice (representing CIC). The Department of Justice has indicated that "the case would be settled before it goes to a (mandamus) hearing."

I will not write here until there will be news.
To those who sent me private messages: Please remind me in April to send you replies. And thank you for being patient.
Hi Walytis,
Any update on your case?
Please keep us all posted.

Thanks
 

daktrader

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Apr 1, 2014
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panamera said:
Hi,

My citizenship application was received in June 2011 and I took my citizenship test in June 2012. CIC agent told me I passed the test and will be hearing for the oath. After 100 days I received RQ which I submitted almost 450 pages of supporting documents in September 2012. Since that time I have had no news which I am sure nobody has even looked at my file since sending the requested documents. CIC agent told me to call them in June 2014 (36 months from the date application was received) and they will send an email to St Claire office and the have to reply them within 3 months.
I know post test RQ will take much longer to process compared with pre test RQ.Have you heard anybody with post test RQ going for the oath ? if so what was the timeline.
Any similarities with my case ?
Thanks

My case is very similar along with the timelines...
I would suggest you request for your ATIP report to see at what point your application stands.
 

NRT_08

Newbie
Apr 9, 2014
1
0
Hi walitys
New to this forum (or any forum for that matter), spent a lot of time on Help to find out how to send you a private message, either Help is not helpful, or I'm lacking some intelligence. This is the last resort. Do you mind sharing your Lawyer info (and cost)? My timeline is similar (actually worse), applied Oct 2010, got RQ after test in Oct 2011, waiting ever since. Appreciate it.
 

Msafiri

Champion Member
Nov 18, 2012
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Has anyone going the mandamus route checked with the law firm running this forum? Another option is to go the Federal Court decisions page and search under Mandamus - see who represented the winning non CIC side and check if they are still in business.
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Msafiri said:
Has anyone going the mandamus route checked with the law firm running this forum? Another option is to go the Federal Court decisions page and search under Mandamus - see who represented the winning non CIC side and check if they are still in business.
I kind of like that they are all willing to follow Waitlyst to his lawyer and as of yet, he hasn't provided a positive nor negative outcome concerning his own case. So, this lawyer is potentially making money hand over fist and he didn't even need to win or lose anything to be highly recommended. LOL Classic case of people not taking the time to research their own specific needs.

I am still curious as to how his case is going to turn out, so I will just wait and see.
 

daktrader

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Apr 1, 2014
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Alurra71 said:
I kind of like that they are all willing to follow Waitlyst to his lawyer and as of yet, he hasn't provided a positive nor negative outcome concerning his own case. So, this lawyer is potentially making money hand over fist and he didn't even need to win or lose anything to be highly recommended. LOL Classic case of people not taking the time to research their own specific needs.

I am still curious as to how his case is going to turn out, so I will just wait and see.
No Lawyer is going to Gurantee an Approval/Grant for Citizenship...
If you know of any lawyer who gurantees approval from your "research" please do share...
Thanks