Citizenship not approved

[foxpilot]

Hello,

My Citizenship did not get approved because I am missing 25 days. I forgot to declare a trip, my mistake.

I applied for Citizenship twice:
1. My language requirements where not met, so they sent back my application.
2. A year later, I finally did my English test and reapplied.

To calculate my days, CIC used the initial application date. In that case I do miss the 25 days.

I called CIC and they confirmed that my 2nd application when the application was complete is actually the official application date and should have been used to calculate my days. I would have easily met the requirements in that case. I could have added 365 days minus some holidays. So the judge made a mistake.

I sent back a letter to the judge in Vancouver but haven't heard back after 6 month. I request my file under the Access to Information Act and it says case is closed.

How can I contact anybody to fix that mistake CIC did? The Vancouver office does not have a phone number I can call, do they?
What other options do i have?

Any help is appreciated, I really don't want to apply again...

Thanks.

 

[dpenabill]

Hello,

My Citizenship did not get approved because I am missing 25 days. I forgot to declare a trip, my mistake.

I applied for Citizenship twice:
1. My language requirements where not met, so they sent back my application.
2. A year later, I finally did my English test and reapplied.

To calculate my days, CIC used the initial application date. In that case I do miss the 25 days.

I called CIC and they confirmed that my 2nd application when the application was complete is actually the official application date and should have been used to calculate my days. I would have easily met the requirements in that case. I could have added 365 days minus some holidays. So the judge made a mistake.

I sent back a letter to the judge in Vancouver but haven't heard back after 6 month. I request my file under the Access to Information Act and it says case is closed.

How can I contact anybody to fix that mistake CIC did? The Vancouver office does not have a phone number I can call, do they?
What other options do i have?

Any help is appreciated, I really don't want to apply again...

Thanks.

Probably your best recourse is to see a qualified, licensed, reputable, experienced lawyer.

Otherwise, there are some incongruities in your report which make it difficult to identify the actual status of things.

Is it possible you have two applications in process and only the first was denied? And the second is still active and pending? That probably should not happen but . . . hard to know what the situation is.

To be clear, however, if a Citizenship Judge made an error in deciding your case, you need to appeal that. Under current provisions that is not easy. There is no right to appeal. Thus you must make an application for leave to appeal. To do this you really need a lawyer.

 

[bambino]

If you got the refusal letter 6 or more months ago, I am afraid very little, if anything, can be done at this point in time.

 

[foxpilot]

A judge will be more expensive than reapplying I guess. So that's probably my only option at this point.
CIC did receive my letter after they did not approve my application but did not and probably will never respond and reopen my case because that's just not how it works......

Anyways, thanks for your replies.

 

[kidbroker]

Hello,

My Citizenship did not get approved because I am missing 25 days. I forgot to declare a trip, my mistake.

I applied for Citizenship twice:
1. My language requirements where not met, so they sent back my application.
2. A year later, I finally did my English test and reapplied.

To calculate my days, CIC used the initial application date. In that case I do miss the 25 days.

I called CIC and they confirmed that my 2nd application when the application was complete is actually the official application date and should have been used to calculate my days. I would have easily met the requirements in that case. I could have added 365 days minus some holidays. So the judge made a mistake.

I sent back a letter to the judge in Vancouver but haven't heard back after 6 month. I request my file under the Access to Information Act and it says case is closed.

How can I contact anybody to fix that mistake CIC did? The Vancouver office does not have a phone number I can call, do they?
What other options do i have?

Any help is appreciated, I really don't want to apply again...

Thanks.

Do you share with us how to calculate residency days?
According to your comments, it seems that holidays does not count.
How could you verify if your calculation meets the requirement of CIC, otherwise, CIC could just deny any applications however they want because it says so.

 

[Exports]

Hello,

My Citizenship did not get approved because I am missing 25 days. I forgot to declare a trip, my mistake.

I applied for Citizenship twice:
1. My language requirements where not met, so they sent back my application.
2. A year later, I finally did my English test and reapplied.

To calculate my days, CIC used the initial application date. In that case I do miss the 25 days.

I called CIC and they confirmed that my 2nd application when the application was complete is actually the official application date and should have been used to calculate my days. I would have easily met the requirements in that case. I could have added 365 days minus some holidays. So the judge made a mistake.

I sent back a letter to the judge in Vancouver but haven't heard back after 6 month. I request my file under the Access to Information Act and it says case is closed.

How can I contact anybody to fix that mistake CIC did? The Vancouver office does not have a phone number I can call, do they?
What other options do i have?

Any help is appreciated, I really don't want to apply again...

Thanks.

Was your first application sent back or you had withdrawn?
Was the second application rejected? In the second application also was it number of days less?

 

[links18]

Residence days will be calculated from the date you signed the application backwards in time. So the relevant question seems to be if you submitted a new application or did you just send your original application back after you completed language requirements. It seems that if there was a year between these events, you really should have submitted a new application. Go get a lawyer. This might be able to be resolved administratively with IRCC/CIC, if it was their mistake.

 

[foxpilot]

To answer your questions:

With 'holidays' I mean days away from Canada. Holidays within Canada do count of course.
I used the CIC calculator and met the requirements but I forgot to declare one trip outside the country and they saw that in the CBSA file.

The first application was sent back, then I reapplied and paid a new fee (can't remember if I signed it again, but most likely since I paid a new fee). So in my file it still says that I originally signed it in 2013 even though I reapplied in 2014. Those 2 applications got mixed together by the looks of it. So then the 2nd application got rejected because of the number of days, even though in the meantime I accumulated another year so I should have had plenty of days. I called CIC and they said its an unusual situation but they should NOT have taken 2013 as my application date. Without knowing ALL details they said there has possibly a mistake being made. But they can't do anything from their end which is so frustrating. A quick call to the judge could possibly solve this problem. But he probably thinks that I had my chance in the interview to explain myself but I didn't realize at that time what is going on. Only after seeing the dates he used in the refusal letter I realized it.

 

[alaabebe]

Hello,

My Citizenship did not get approved because I am missing 25 days. I forgot to declare a trip, my mistake.

I applied for Citizenship twice:
1. My language requirements where not met, so they sent back my application.
2. A year later, I finally did my English test and reapplied.

To calculate my days, CIC used the initial application date. In that case I do miss the 25 days.

I called CIC and they confirmed that my 2nd application when the application was complete is actually the official application date and should have been used to calculate my days. I would have easily met the requirements in that case. I could have added 365 days minus some holidays. So the judge made a mistake.

I sent back a letter to the judge in Vancouver but haven't heard back after 6 month. I request my file under the Access to Information Act and it says case is closed.

How can I contact anybody to fix that mistake CIC did? The Vancouver office does not have a phone number I can call, do they?
What other options do i have?

Any help is appreciated, I really don't want to apply again...

Thanks.

In your case you must hire a professional lawyer to appeal and provide all supporting documents , if appeal not acceptable , go to the court! very expensive ,,,,but defend your rights ....go public , complain to MP's and to the minister of immigration

 

[kidbroker]

To answer your questions:

With 'holidays' I mean days away from Canada. Holidays within Canada do count of course.
I used the CIC calculator and met the requirements but I forgot to declare one trip outside the country and they saw that in the CBSA file.

The first application was sent back, then I reapplied and paid a new fee (can't remember if I signed it again, but most likely since I paid a new fee). So in my file it still says that I originally signed it in 2013 even though I reapplied in 2014. Those 2 applications got mixed together by the looks of it. So then the 2nd application got rejected because of the number of days, even though in the meantime I accumulated another year so I should have had plenty of days. I called CIC and they said its an unusual situation but they should NOT have taken 2013 as my application date. Without knowing ALL details they said there has possibly a mistake being made. But they can't do anything from their end which is so frustrating. A quick call to the judge could possibly solve this problem. But he probably thinks that I had my chance in the interview to explain myself but I didn't realize at that time what is going on. Only after seeing the dates he used in the refusal letter I realized it.

Hope it will be sorted out.

 

[S.Z]

So CIC denied your application just because you failed to declare one trip? What did they say in refusal letter?

 

[markarbet]

Hi there,
It is a really complicated case. I think the best solution for you to reapply again. To be honest, if you will continue to send letters to CIC and ask them to review your case, it will become worst. Just apply again without any mistakes. It will cost you money, but you can save your time and will be calm.

 

[Exports]

Hi there,
It is a really complicated case. I think the best solution for you to reapply again. To be honest, if you will continue to send letters to CIC and ask them to review your case, it will become worst. Just apply again without any mistakes. It will cost you money, but you can save your time and will be calm.

Ya I think that would be the best option becoz as per old rule you are not barred. ( if applied under new rule I guess they bar for 5 years and another topic is being discussed - not sure if under new rule )

I know a personal case whose wife got rejected from CJ and then again she reapplied- it was all 3.5 months in the second application which was approved. Also few days before seen some topic who reapplied again and were approved fast.

On the other hand, withdrawal and reapplied not sure as one of the candidates is still waiting for test while others after him received.

Not sure " rejection " and then approval is better- ( as I said know one friend whose wife got thru)
or " withdrawal " and delay...

So best bet would be to reapply again instead of asking IRCC to again open the file, request etc etc.

 

[links18]

For the love of god, if you were qualified on the second application--don't give up so easily. You might need to get a lawyer to get this straightened out, but if it is all financially feasible for you please do so. IRCC/CIC should not be allowed to get away with such shoddy work. You might try your MP's office first and see if they get some action, but in order for that to work, you are going to have to be able to explain to them precisely what has happened clearly and without leaving out important details....

 

[foxpilot]

S.Z
Yes. Fair point though. The refusal letter just said I am short of 25 days. End of story.

Links18:
I agree I shouldn't just give up and let them 'win' but I have dealt with the government before and learned that they are willing to lie and say and do whatever it takes to defend their decision, even if it is wrong. So this time I want to be smarter and find a less stressful way. That is to just reapply and wait. I am not really in a hurry anymore to get it.