I wonder , why i am not giving some time to improve my language instead of refusal the application and the need to reapply again and pay the fees again, That is not fair, even the letter I received does not include what options I have after the refusal, which is really very depressing
@armoured may be correct in regards to
WHY you were required to attend an interview to verify your ability in one of the official languages. That is, what may have triggered being scheduled for an interview to verify your ability in English or French.
If that is the reason (I do not know if it is), this may be of interest, cautionary interest, to others who have relied on similar documentation of language to meet the requirement to include proof with the application. That is, a heads-up, be prepared to demonstrate your language in person to an IRCC official (processing agent or citizenship officer)
However, why the applicant is asked/required to attend an interview to verify ability in one of the official languages does not matter. What matters is that the applicant be able to demonstrate an ability in either English or French.
Unless exempt (such as for age), a PR must have ability in an official language in order to be granted citizenship. The proof submitted with the application merely meets the requirements for making a complete application. Like other requirements, including physical presence, knowledge of Canada, no-prohibitions, the language requirement is subject to verification.
And even if an applicant has already been tested and passed, they can be retested by IRCC as to knowledge of Canada as well as language, which again is to verify the applicant meets these requirements before there is a grant of citizenship. Thus, for example, even though an applicant has taken and passed the knowledge of citizenship test, the applicant can be tested again during a subsequent interview or for cases that end up before a Citizenship Judge, again tested by the Citizenship Judge -- tested as to knowledge of Canada or language or both.
The language requirement is more like the no-prohibitions requirement (no matter that the applicant had no prohibitions right up to the day before the oath, an arrest the day before taking the oath will mean the applicant can no longer be granted citizenship, and the application will be denied) than the physical presence or tax filing compliance requirements (these are historical facts which must exist as of the day the application was made, not something that can change).
Options; Request for Reconsideration and Right to Seek Leave to Appeal:
can I submit a webform asking for reconsideration and and to reopen the applications, especially since everything was marked completed except language?
Reconsideration:
Unless you are confident that in another interview you can sufficiently demonstrate your ability in English, or French, there would be no point in seeking reconsideration.
There is probably a way to make a request for reconsideration. That would not be based on "
everything was marked completed except language" and not based on the documentation submitted as proof of language. It would need to be based on some reason why the interview did not fairly or accurately assess your ability in English (or French, whichever one you are proficient in), AND on asserting you are in fact sufficiently proficient in the language. If IRCC agreed to reconsider, you would almost certainly be examined/interviewed again to determine your language ability.
I do not know how to go about making the request for reconsideration.
This leads to procedures in challenging an IRCC decision made in processing a citizenship application. Again, I do not know how to go about making a request for reconsideration. I have heard lawyers talk about requests for reconsideration in reference to other matters before IRCC. Perhaps someone here is familiar with how to do this, and you could try that. If you do, please share how it goes (so forum members can help future applicants encountering a similar situation).
The problem is knowing just how to make a request for reconsideration that will have a decent shot at succeeding. In the little that I have heard lawyers talk about requests for reconsideration, it was as if even they were uncertain how to do so effectively. Makes sense because any such request is very much dependent on the specific circumstances in that particular case.
Moreover, from the lawyers' perspective a key is preserving the right of appeal . . .
Right to Seek Leave to Appeal:
Be aware, right up front, that to go down this path almost certainly requires the assistance of a lawyer, and that would be far, far more expensive than having to pay the fees again when re-applying. Moreover, even if you could proceed without the assistance of a lawyer, this is bound to be a lengthy process and even if you eventually succeed that is likely to take as long if not considerably longer than it would to re-apply (so long as you actually have the required language ability).
But if you believe that in the interview you actually did demonstrate sufficient language ability, you can make an application to the Federal Court seeking leave to appeal. Make no mistake, this would not be an easy case to win. It probably would take a lengthy period of time to get before the court. And if you win, what that means is it goes back to IRCC and you would be tested again (which may include knowledge of Canada testing) attendant review of your application, which would take time.
So, yes, there are options. Fastest and less expensive option is probably to re-apply, being sure you are indeed sufficiently proficient in English, or French.
