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Citizenship - Unusual Story - 5 years in the making

bestfriendever

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Apr 21, 2015
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I have one question:

I have taken the Citizenship Test before. (Jan/11 .Got and RQ after that. After a hearing with a Citizenship Judge (4 years later), my application was denied because I had applied 07 days earlier. I re-applied again for Citizenship. Got another RQ (Feb 2015). I recently learned that my file had been transferred to the Scarborough office. Which made me feel hopeful.

Do I need to write the Citizenship test again? Even though I have already taken the test and passed it? Anyone caught in the same wind whirl?


Background: Full-time employed civil servant in the healthcare industry in Ontario with several day trips to the USA.

Let me know what you think. I am losing hope after two applications, a ton of forms filled and boxes of documents mailed in.
 

Born2bBeast

Star Member
Mar 2, 2015
68
1
bestfriendever said:
I have one question:

I have taken the Citizenship Test before. (Jan/11 .Got and RQ after that. After a hearing with a Citizenship Judge (4 years later), my application was denied because I had applied 07 days earlier. I re-applied again for Citizenship. Got another RQ (Feb 2015). I recently learned that my file had been transferred to the Scarborough office. Which made me feel hopeful.

Do I need to write the Citizenship test again? Even though I have already taken the test and passed it? Anyone caught in the same wind whirl?


Background: Full-time employed civil servant in the healthcare industry in Ontario with several day trips to the USA.

Let me know what you think. I am losing hope after two applications, a ton of forms filled and boxes of documents mailed in.
Feel sorry for you, what i think you will get the test request as you are applying again and its your new application.
 

janoo

Hero Member
May 16, 2014
995
22
Hi you need to read the books and appear in test as old application has nothing to

do with the new application, as you are working hopefully this time your rq will handle

softly.

wish you all the best keep update to this forum.
 

era1521

Hero Member
Oct 7, 2014
443
27
bestfriendever said:
I have one question:

I have taken the Citizenship Test before. (Jan/11 .Got and RQ after that. After a hearing with a Citizenship Judge (4 years later), my application was denied because I had applied 07 days earlier. I re-applied again for Citizenship. Got another RQ (Feb 2015). I recently learned that my file had been transferred to the Scarborough office. Which made me feel hopeful.

Do I need to write the Citizenship test again? Even though I have already taken the test and passed it? Anyone caught in the same wind whirl?


Background: Full-time employed civil servant in the healthcare industry in Ontario with several day trips to the USA.

Let me know what you think. I am losing hope after two applications, a ton of forms filled and boxes of documents mailed in.
I applied 2006 and denied in 2007. The reason was concerns on meeting residency obligation.
Second application has nothing to do with first one; meaning, new fees, test/interview, etc.

In my case I applied second time Sept 2014 and everything went smoothly, no RQ, all took little less than 5 mts.

There must be something more with your first application; CIC are strict, but not like that to deny an application for 7 (seven) days short and dragging the process for 5 years. Read carefully the denial motivation, maybe there is something more.
I'm saying this because if you got the RQ on second application it means the reasons/concerns for first application denial are still there.

Good luck.
 

bestfriendever

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Apr 21, 2015
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era1521 said:
I applied 2006 and denied in 2007. The reason was concerns on meeting residency obligation.
Second application has nothing to do with first one; meaning, new fees, test/interview, etc.

In my case I applied second time Sept 2014 and everything went smoothly, no RQ, all took little less than 5 mts.

There must be something more with your first application; CIC are strict, but not like that to deny an application for 7 (seven) days short and dragging the process for 5 years. Read carefully the denial motivation, maybe there is something more.
I'm saying this because if you got the RQ on second application it means the reasons/concerns for first application denial are still there.

Good luck.

The judge told me that I had many day trips to the USA and a Nexus Card. He told me that it would make it difficult for him to count all those trips. Well, I hope it goes well this time.

Mind you, my RQ looks different this time. They are only asking supporting documents for the last 4 years only.

This time around, my Timeline has been very fast:

  • Denied Nov 2014
    Replied Nov 28, 2014
    AOR Feb 04, 2015
    Started Processing Application Feb 23, 2015
    Received RQ a week later by mail,
    Returned my RQ + Supporting Documents
    File transferred to Scarborough Office on April 14.

Let's keep hoping... I moved here in 2006. So far, nothing yet.
 

era1521

Hero Member
Oct 7, 2014
443
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bestfriendever said:
The judge told me that I had many day trips to the USA and a Nexus Card. He told me that it would make it difficult for him to count all those trips. Well, I hope it goes well this time.

Mind you, my RQ looks different this time. They are only asking supporting documents for the last 4 years only.

This time around, my Timeline has been very fast:

  • Denied Nov 2014
    Replied Nov 28, 2014
    AOR Feb 04, 2015
    Started Processing Application Feb 23, 2015
    Received RQ a week later by mail,
    Returned my RQ + Supporting Documents
    File transferred to Scarborough Office on April 14.

Let's keep hoping... I moved here in 2006. So far, nothing yet.
I'm not talking about what the judge told you during the hearing; i'm talking about the official written decision you received, where you case is presented and what are reasons for what the judge took that decision.
I find it hard to believe a judge would write in motivation that the too many trips "would make it difficult for him to count all those trips".

Anyway, good luck.
 

dpenabill

VIP Member
Apr 2, 2010
6,438
3,183
Yes, you will need to take and pass the knowledge of Canada test even though you have taken it and passed it in the course of a previous but eventually denied citizenship application.

RQ is the norm for second applications. Not always, but often if not usually. For a period of time it was actually a factor for which RQ was mandatory (2012 version of triage criteria for identifying reasons to question residency).

Contrary to the doubts expressed by era1521, if the CJ cannot determine from the record the precise number of days an individual was present in Canada, that is a typical ground for concluding the applicant has failed to meet the burden of proving residency. (Many underestimate the importance of proving all the days declared, if and when challenged by RQ and referred to a hearing, and this looms particularly large if there is any shortfall, any falling short of 1095 days actual presence.)

By the time of your first application, falling short of the 1095 days APP threshold even by a mere seven days, plus concerns about being able to conclusively affirm the actual number of days actually present, was indeed a recipe for denial, so that was no surprise.

There is, overall, no reason to despair, no cause to be concerned there is something from the first application lurking in CIC's assessment of your current application. That is, if your application is in order, the information you submitted accurate, your RQ submission was responsive, including relevant documentation to show place of abode and employment, and your actual presence in Canada exceeds 1095 days within the four years preceding the date you applied, all should go well.
 

bestfriendever

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Apr 21, 2015
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dpenabill said:
Yes, you will need to take and pass the knowledge of Canada test even though you have taken it and passed it in the course of a previous but eventually denied citizenship application.

RQ is the norm for second applications. Not always, but often if not usually. For a period of time it was actually a factor for which RQ was mandatory (2012 version of triage criteria for identifying reasons to question residency).

Contrary to the doubts expressed by era1521, if the CJ cannot determine from the record the precise number of days an individual was present in Canada, that is a typical ground for concluding the applicant has failed to meet the burden of proving residency. (Many underestimate the importance of proving all the days declared, if and when challenged by RQ and referred to a hearing, and this looms particularly large if there is any shortfall, any falling short of 1095 days actual presence.)

By the time of your first application, falling short of the 1095 days APP threshold even by a mere seven days, plus concerns about being able to conclusively affirm the actual number of days actually present, was indeed a recipe for denial, so that was no surprise.

There is, overall, no reason to despair, no cause to be concerned there is something from the first application lurking in CIC's assessment of your current application. That is, if your application is in order, the information you submitted accurate, your RQ submission was responsive, including relevant documentation to show place of abode and employment, and your actual presence in Canada exceeds 1095 days within the four years preceding the date you applied, all should go well.
I really appreciate your response to this matter. It brought a very realistic opinion. I will give it to CIC though that my file is moving much faster. My previous application, I was dealing with St Clair, and we all know what a nightmare that place can be in terms of volume.

Thanks everyone.
 

cassied

Star Member
Apr 3, 2015
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Hi

i am in the same situation as you . i applied in 2010 get RQ and reject in 2015 then i applied in april 15th et now waiting i hope i will not received again a RQ. good luck
 

ItkExpert

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Sep 10, 2014
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cassied said:
Hi

i am in the same situation as you . i applied in 2010 get RQ and reject in 2015 then i applied in april 15th et now waiting i hope i will not received again a RQ. good luck
why were you refused?
 

bestfriendever

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Apr 21, 2015
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Here is my timeline:

We received your application for Canadian citizenship (grant of citizenship) on February 11, 2010.

We sent you a letter acknowledging receipt of your application(s), and a study book called Discover Canada on February 11, 2010. Please consider delays in mail delivery before contacting us.

We started processing your application on October 20, 2010.

Your file was transferred to the St Clair office on November 24, 2010. The St Clair office will contact you if additional information is required. The St Clair office will contact you regarding your citizenship test once all the necessary checks on your file are complete.

We sent you a notice on January 18, 2011 to appear and write the citizenship test on January 29, 2011 at 1:00 PM. The notice you will receive by mail will be your official confirmation of your appointment. If you have not received this notice prior to the date of your scheduled appointment, please contact us.
*Note: Citizenship and Immigration Canada does sometimes schedule events on Saturdays or Sundays.


We sent you a letter on March 26, 2011. If you have not yet provided the information or the requested documents, please do so as soon as possible. Please wait until you receive the letter before sending us additional information, as the letter will outline all information that is required. Please consider delays in mail delivery before contacting us.

We sent you a letter on May 24, 2011. If you have not yet provided the information or the requested documents, please do so as soon as possible. Please wait until you receive the letter before sending us additional information, as the letter will outline all information that is required. Please consider delays in mail delivery before contacting us.

We sent you a letter on July 3, 2013. If you have not yet provided the information or the requested documents, please do so as soon as possible. Please wait until you receive the letter before sending us additional information, as the letter will outline all information that is required. Please consider delays in mail delivery before contacting us.

A decision has been taken on your application. You should receive a letter within the next three months.


My Record of Decision says that I applied earlier than I should. Apparently, I should have waited longer. The Judge was very cordial, and told me that my application had put him in a pickle because of my day trips to the USA.

Please note that I received my RQ after I took the test and my application was in the 2010 time frame, where the new government was cracking down on fraudulent applications.

I have heard that you will get a RQ if you have had refused applications before. However, my RQ was different from the previous one. It specifically said to focus on the last 4 years of my residence in Canada. Well, I am a condo renter, I work full-time, public worker, I don't know what else they want me to show to prove that I meet the residency criteria. Maybe what screwed me was my shopping trips to Buffalo.

Thanks everyone.
 

moejun

Newbie
Apr 26, 2015
8
0
i don't think day trips to buffalo was the problem. we travelled to the states a total of 60 days when we applied for citizenship which consisted of mostly day trips to Buffalo and weekends to West Virginia to visit family. Thankfully, we didn't get an RQ and our application was done within 7 months.