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Citizenship test: Collective action required, or expect endless delays, years. Example of the effective lobbyng of people awaiting spousal sponsorship

piotrqc

Hero Member
Aug 10, 2020
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451
Group name is Canadian Citizenship Test try to find on FB ( profile picture is some mixing colors purple mostly) you have to wait on admin approval to join...then you can find yesterday person under name Rakia Yaya asked about citizenship test and look in first comment and replies .
Really I don't know how to post link of that .
I went to see in the facebok group that you say, the publication of which you speak exists, here is the link besides (You must be registered in the group, it takes a few hours before being approved by the moderators):

Edit: I put the link of the publication + a screen of a person claiming to have called cic, and that they told him that the online testing pilot project is now canceled, and that they are waiting for the tests to resume in person, without being able to give a date.
But the moderator of this forum deleted it, so I added this text for you to understand the context despite the amputated part ... I hope they will not censor this too, I did not put any link this time . Thank you .



This story will take years to come if we wait without saying anything. (Code 699 allowing federal employees to be paid to do nothing as long as a state of alert situation is declared (this is now the case for all provinces which have declared a state of health alert) + their very powerful union which will most certainly be able to require a daily covid rate of 0 before accepting a return to normal).

I remind you that the current government is a minority, and that the principle of `` non-retroactivity of the law '' is not clearly written in the charter or in any other regulation : YOUR REQUESTS MAY BE BLOCKED, OR EVEN RETURNED IF THE CONSERVATIVES DECIDES TO CHANGE THE LAW.

( Before the other dreamer comes to contradict me, and make fun of my past experience in the field of law (He claimed that I bought my degree, which is very insulting ... that gives you an idea on the intention of this kind of people), I would simply say this: All the case law of the federal court that he has cited or that he may cite is not relevant in this case (talking about other situations particular), and above all, the non-retroactivity of the law is not a clear principle in the common law.


A contrary example:

In France, the principle of non-retroactivity is stated, in civil matters, by article 2 of the French civil code: “The law only provides for the future; it has no retroactive effect ”.

A comparable section of the law does not exist in Canada. We dont have this kind of protection. End of story.

The claim, therefore, that the immigration law can be changed by the Conservatives retroactively, and our applications blocked for several years, or even horror scenario, returned with stricter criteria, is all quite possible.


There will be a vote of confidence next month, and another in the fall.


This is all really scary. Wake up, all of you!
 
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Copingwithlife

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Jul 29, 2018
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I went to see in the facebok group that you say, the publication of which you speak exists, here is the link besides (You must be registered in the group, it takes a few hours before being approved by the moderators):



This story will take years to come if we wait without saying anything. (Code 699 allowing federal employees to be paid to do nothing as long as a state of alert situation is declared (this is now the case for all provinces which have declared a state of health alert) + their very powerful union which will most certainly be able to require a daily covid rate of 0 before accepting a return to normal).

I remind you that the current government is a minority, and that the principle of `` non-retroactivity of the law '' is not clearly written in the charter or in any other regulation : YOUR REQUESTS MAY BE BLOCKED, OR EVEN RETURNED IF THE CONSERVATIVES DECIDES TO CHANGE THE LAW.

( Before the other dreamer comes to contradict me, and make fun of my past experience in the field of law (He claimed that I bought my degree, which is very insulting ... that gives you an idea on the intention of this kind of people), I would simply say this: All the case law of the federal court that he has cited or that he may cite is not relevant in this case (talking about other situations particular), and above all, the non-retroactivity of the law is not a clear principle in the common law.


A contrary example:

In France, the principle of non-retroactivity is stated, in civil matters, by article 2 of the French civil code: “The law only provides for the future; it has no retroactive effect ”.

A comparable section of the law does not exist in Canada. We dont have this kind of protection. End of story.

The claim, therefore, that the immigration law can be changed by the Conservatives retroactively, and our applications blocked for several years, or even horror scenario, returned with stricter criteria, is all quite possible.


There will be a vote of confidence next month, and another in the fall.


This is all really scary. Wake up, all of you!
Yup, I can hardly wait for an election if the Government falls
 

2be_canadian

Star Member
Jul 4, 2015
79
47
I went to see in the facebok group that you say, the publication of which you speak exists, here is the link besides (You must be registered in the group, it takes a few hours before being approved by the moderators):

Edit: I put the link of the publication + a screen of a person claiming to have called cic, and that they told him that the online testing pilot project is now canceled, and that they are waiting for the tests to resume in person, without being able to give a date.
But the moderator of this forum deleted it, so I added this text for you to understand the context despite the amputated part ... I hope they will not censor this too, I did not put any link this time . Thank you .



This story will take years to come if we wait without saying anything. (Code 699 allowing federal employees to be paid to do nothing as long as a state of alert situation is declared (this is now the case for all provinces which have declared a state of health alert) + their very powerful union which will most certainly be able to require a daily covid rate of 0 before accepting a return to normal).

I remind you that the current government is a minority, and that the principle of `` non-retroactivity of the law '' is not clearly written in the charter or in any other regulation : YOUR REQUESTS MAY BE BLOCKED, OR EVEN RETURNED IF THE CONSERVATIVES DECIDES TO CHANGE THE LAW.

( Before the other dreamer comes to contradict me, and make fun of my past experience in the field of law (He claimed that I bought my degree, which is very insulting ... that gives you an idea on the intention of this kind of people), I would simply say this: All the case law of the federal court that he has cited or that he may cite is not relevant in this case (talking about other situations particular), and above all, the non-retroactivity of the law is not a clear principle in the common law.


A contrary example:

In France, the principle of non-retroactivity is stated, in civil matters, by article 2 of the French civil code: “The law only provides for the future; it has no retroactive effect ”.

A comparable section of the law does not exist in Canada. We dont have this kind of protection. End of story.

The claim, therefore, that the immigration law can be changed by the Conservatives retroactively, and our applications blocked for several years, or even horror scenario, returned with stricter criteria, is all quite possible.


There will be a vote of confidence next month, and another in the fall.


This is all really scary. Wake up, all of you!
I think you was visiting wrong group...where I saw online testing in September was written by man, who know woman who asked during oath for her daughter when they will resume test as her daughter should have test on March but because of Covid was canceled...government officer ,judge or who ever was on the other side said : test will be in September online.
 

piotrqc

Hero Member
Aug 10, 2020
391
451
I think you was visiting wrong group...where I saw online testing in September was written by man, who know woman who asked during oath for her daughter when they will resume test as her daughter should have test on March but because of Covid was canceled...government officer ,judge or who ever was on the other side said : test will be in September online.
No no, we are talking about the same post of '' Rakia Yaya '', go review and refresh ... There was a new comment in the same post in response to a person who claims he called cic, and who told him that the pilot test pilot has been canceled! .. I had included the link and a screen, but they censored it here unfortunately ... Anyway, it's still a rumor. We must not give up.
 

rafzy

Champion Member
Jan 31, 2015
2,676
495
So hearings for asylum claims are back but citizenship tests are not. Does anyone here see any logic in that? If yes, please explain it to me before I go crazy. Thank you
I am totally with you on this. What is the issue with Citizenship Tests and Interviews to be conducted by IRCC and why have they been put on hold for soo long?
 
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yasir22

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Jun 5, 2014
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ontario
Visa Office......
London
App. Filed.......
21-05-2014
Doc's Request.
29-04-2015
File Transfer...
SA on 30-07-2014
Med's Request
19-05-2015
Med's Done....
upfront med.: 7-04-2014 and re-med.: 21-05-2015
Interview........
Waived !!
Passport Req..
DM on 2-06-2015, PPR on 05-06-2015
VISA ISSUED...
Visa issued: 02-07-2015, Received: 07-07-2015
LANDED..........
January 2016
I am totally with you on this. What is the issue with Citizenship Tests and Interviews to be conducted by IRCC and why have they been put on hold for soo long?
Sir sirkari khaatay hain yahan pay bhe.
 
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dpenabill

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Apr 2, 2010
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So hearings for asylum claims are back but citizenship tests are not. Does anyone here see any logic in that?
Simple and obvious priority -- Individuals qualified for asylum are in IMMEDIATE need of protection.

Thinking about how others are affected probably a better approach than freaking out or going crazy. Could be worth a try anyway.
 

dpenabill

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Apr 2, 2010
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You think people whose citizenship applications are delayed for months and probably years are not negatively affected?
Everyone is equally affected by these delays and no one is in a position to decide who is more affected.
"You think people whose citizenship applications are delayed for months and probably years are not negatively affected?"

No. And there is nothing I have ever posted which would come anywhere near suggesting that.

In particular, if you bother to respond to what I post, you should bother to read at least what I have posted in this topic. I am very much on board with RESPONSIBLE and REASONABLE advocacy aimed at encouraging IRCC to increase its efforts to get processing citizenship applications on track.

But there is no simple recipe for influencing the government. And it gets a lot more complicated when trying to influence a bureaucracy.

There is a simple recipe for sabotaging efforts to advance a worthwhile cause. Exaggerated and unfounded allegations. Extreme or otherwise disproportionate activism. Both of these have long been employed as tactics to divert and undermine genuine, well-deserving causes for a very, very long time.

"Everyone is equally affected by these delays . . . "​

That is obviously not at all true. The very lives of asylum claimants are on the line. That's a rather easy call. Like the paramedic arriving at the scene of an accident and attending to the individual bleeding badly before treating the dude with a broken arm.

Applying triage criteria or comparable approaches to decision-making are a big part of what the government is currently doing in many, many areas. This was a central, key element in relaxing the lockdown itself, gradually opening up different aspects of the economy and social activity based on assessing the relative impact to different activities and businesses, along with other criteria (such as capacity to implement protective measures . . . which probably is another factor relative to conducting hearings involving a few individuals who can readily maintain appropriate distancing versus the logistics of testing fifty to a hundred and fifty individuals at a time).

". . . no one is in a position to decide who is more affected."​

Well, again, that is what the government has been doing in many, many aspects of governing. Part of the job in times like these. They are precisely in that position and doing that, taking the nature and scope of how people are affected into account in determining who and how this or that government function is restored.

Many may disagree with this or that particular decision in terms of the triage-assessment-process, but it is an easy call to recognize that those whose very lives are in imminent danger should be given priority over those for whom the most serious consequence is a delay in obtaining citizenship that precludes them from voting in a fall election, if there is a fall election.

All of which is totally separate and apart from complaints about how slowly the government is either restoring this or that service, or in finding alternative means of providing the same service. Regarding the latter, many times big bureaucracies do indeed need some prompting, some encouragement, to more promptly respond to changing circumstances. Again, I am all in on sending letters to MPs, for example, encouraging them to in turn encourage the government to up-its-game in matters as important as the granting of citizenship.

But I will be frank. I suspect that much of the rabble-rousing side of the discussion here is NOT genuine. Difficult to discern whether it is due to a MAKE-NOISE (see-me) agenda, with rather little regard for what could actually lead IRCC to more diligently and quickly process pending citizenship applications, or an overt effort to muddy the water and undermine sincere efforts to influence the government to quicken their step, so to say.

For example:

All the case law of the federal court that he has cited or that he may cite is not relevant in this case (talking about other situations particular), and above all, the non-retroactivity of the law is not a clear principle in the common law.

A contrary example:

In France, the principle of non-retroactivity . . .
Recognizing how far-fetched the repeated threat that applications currently in process are at risk for being "blocked" or "returned," it is difficult to discern just what the intent here is. In particular, asserting that Canadian law, the decisions made by judges and justices in the Canadian judiciary, is not relevant, but the law of France is . . . that seems so ludicrous on its face it has the appearance of parody or satire, a Jonathan Swift "Modest Proposal" sort of thing.

Likewise the reference to the "common law," which of course in Canadian jurisprudence has long been largely replaced by the Constitution, Charter of Rights, a huge body of statutory law, and a huge body of law as stated in the official rulings by Federal Court judges and justices, interpreting and applying Canadian statutory law within the guidelines and standards provided in the Constitution and Charter. Sure, principles of common law still have some influence, mainly as an aide in construing the written law, but the nature and scope of what Parliament can do is NOT restrained by the common law. Rather, the nature and scope of what Parliament can do, and cannot do, is restrained by the constitution and the Charter of Rights.

As I have previously discussed in this topic, yes indeed, it is *possible* to adopt and implement SOME retroactive laws in Canada. But in what way, under what circumstances, and especially with what effect, is far from wide open.

In terms of my personal recognition of the scope of what Parliament could do, history matters (and contrary to what was asserted, the previous decisions by the Canadian judiciary are not merely relevant but in many respects are binding). And in this regard, for example, I have engaged in lengthy discussions in this forum regarding a rather profound change in the law adopted in 2012 which has been given retroactive effect, subjecting some PRs to the summary termination of their PR status based on actions that were entirely legal and which occurred YEARS before that change in law (applying cessation of refugee status to PRs, even those who qualify for citizenship and have applications pending, no matter how long ago, how long before the change in law, the PR may have obtained a home country passport or engaged in some other activity which could be the basis for a cessation proceeding). In fact I started that topic here in order to caution those potentially affected, and in particular to warn that it was being applied retroactively. That is one of the issues I still follow closely and have done what I can to help those potentially affected be aware of the risks.

In any event, the repeated effort to elevate a mere, REMOTE possibility, to the level of a prospective threat which should (the fear-mongering goes) motivate current applicants to take extreme actions (including things like daily emails, which are almost certain to alienate many and otherwise have far more negative impact than positive), seems so obviously counterproductive, again I suspect that disruption or divisiveness is the intent. Unfortunately there is far too much of that polluting efforts to engage in rational and hopefully productive discourse about real issues . . . and again, the REAL issue here is indeed the need to encourage IRCC to be as prompt and efficient as it can manage in getting these procedures back on track.

As those of us who were around here a decade ago are well aware, events leading to six to twelve month delays tend to have a downstream impact which can in turn lead to delays adding up to multiple years. And yeah, the government oft times needs some prompting to get focused and take action.

By the way, in this regard it is worth remembering that the HOW question (like how should IRCC conduct the verification of knowledge of Canada, which is must do as mandated by law . . . albeit it is possible that a Conservative government could change the law and eliminate the knowledge of Canada requirement . . . for those who want to hang their hat on what is merely possible) is logistical, a technical and mechanical matter. That is NOT ordinarily a subject addressed or resolved in the public sphere, or for that matter by anyone in the respective bureaucracy who is involved in policy decision-making. Efforts to encourage IRCC to get going on this problem have a far better chance of influencing things. At least to the extent that external, public pressure can.
 

piotrqc

Hero Member
Aug 10, 2020
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Simple and obvious priority -- Individuals qualified for asylum are in IMMEDIATE need of protection.

Thinking about how others are affected probably a better approach than freaking out or going crazy. Could be worth a try anyway.
With respect, this statement is misleading ... Unlike you, I am not going to denigrate you, or accuse you of having bought your diploma as you did with me in a previous post, without any respect.

It is IRB (CISRin French) which determines whether the person qualifies for the definition of refugee within the meaning of the convention ... The notion of urgent or immediate need of protection is totally wrong here.

I would have agreed with you if you were talking about a group of refugees in a camp (Already recognized by UNHCR), awaiting relocation (As the example of the few thousand Syrians repatriated in emergency there are years of camps in jordan and iraq, i remember correctly) ... But we are talking about another process that does not require going in front of an IRB commissioner, so it has nothing to do with it.

The asylum seeker in Canada, from the stage of favorable admissibility (In cic inland office, or at cbsa border officers) is immediately offered an id document for asylum seekers, this document allows the 'identification + federal interim health program + the right to schooling for minor children), and above all A FORMAL PROHIBITION OF EXPULSION OF APPLICANTS UNTIL THE CAUSE IS FINALLY UNDERSTANDED (i.e. by irb, the court of appeal, and finally the federal court ... Pre-removal risk assessment and humanitarian claims do not suspend the removal order).
The Geneva Convention, to which Canada is a signatory, guarantees that applicants will not be referred until a final decision on their cases is reached. Canada respects that. They are temporarily protected and not deportable during the period before the final decision. The immediate need for protection is a legend ... (** Even if the situation changes between the moment the request is filed, and the day when the requester comes before the commissioner, the events evaluated are those of the situation at the time of the request. filing of the request)

French proverb: “You have to turn your tongue 7 times in your mouth before speaking”.

Getting back to the important point: It looks like CIC has canceled the online testing pilot program scheduled for September ... We have to make some noise ... or have to wait years more.

, Piotr
 
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Dana.D

Star Member
Jul 24, 2017
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With respect, this statement is misleading ... Unlike you, I am not going to denigrate you, or accuse you of having bought your diploma as you did with me in a previous post, without any respect.

It is IRB (IRB in French) which determines whether the person qualifies for the definition of refugee within the meaning of the convention ... The notion of urgent or immediate need of protection is totally wrong here.

I would have agreed with you if you were talking about a group of refugees in a camp (Already recognized by UNHCR), awaiting relocation (As the example of the few thousand Syrians repatriated in emergency there are years of camps in jordan and iraq, i remember correctly) ... But we are talking about another process that does not require going in front of an IRB commissioner, so it has nothing to do with it.

The asylum seeker in Canada, from the stage of favorable admissibility (In cic inland office, or at cbsa border officers) is immediately offered an id document for asylum seekers, this document allows the 'identification + federal interim health program + the right to schooling for minor children), and above all A FORMAL PROHIBITION OF EXPULSION OF APPLICANTS UNTIL THE CAUSE IS FINALLY UNDERSTANDED (i.e. by irb, the court of appeal, and finally the federal court ... Pre-removal risk assessment and humanitarian claims do not suspend the removal order).
The Geneva Convention, to which Canada is a signatory, guarantees that applicants will not be referred until a final decision on their cases is reached. Canada respects that. They are temporarily protected and not deportable during the period before the final decision. The immediate need for protection is a legend ... (** Even if the situation changes between the moment the request is filed, and the day when the requester comes before the commissioner, the events evaluated are those of the situation at the time of the request. filing of the request)

French proverb: “You have to turn your tongue 7 times in your mouth before speaking”.

Getting back to the important point: It looks like CIC has canceled the online testing pilot program scheduled for September ... We have to make some noise ... or have to wait years more.

, Piotr
THANK YOU! The immediate need for protection is indeed a legend!
On the other hand, the need for citizenship is real. My case is an example, my PR card is expiring soon and it is taking ages to be renewed and my job requires me to travel to Europe often. If my PR expires before the new one is here, I won't be able to travel and I will lose my job.
@dpenabill: I think you need to do more research about how the delays in citizenship applications could be much more damaging for some people beyond just not being able to vote in the next elections.
 
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Dana.D

Star Member
Jul 24, 2017
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THANK YOU! The immediate need for protection is indeed a legend!
On the other hand, the need for citizenship is real. My case is an example, my PR card is expiring soon and it is taking ages to be renewed and my job requires me to travel to Europe often. If my PR expires before the new one is here, I won't be able to travel and I will lose my job.
@dpenabill: I think you need to do more research about how the delays in citizenship applications could be much more damaging for some people beyond just not being able to vote in the next elections.
And @dpenabill another case of a friend of mine whose dying mother lives in a country she can't visit with her current travel documents. Citizenship applications delay for her could mean her mother would die without her being able to say goodbye and see her mom one last time. Can you even begin to imagine how she is feeling right now?

So I am going to say it again, everyone's life is affected so badly by all types of delays. In fact, asylum seekers are in some cases the least affected ones by these delays.