CJ hearing for a mom living in Canada with her children, Husband works abroad

[Memo1967]

We, my husband, I and my kids who where minors, at that time, arrived to Vancouver, on the 1 July, 2009, got our PR cards by mail within three months. My husband left us July 19th 2009, for he did not want to loose his job as it is our only source of income, and because he takes care of his parents. I bought our home in Vancouver, end of August 2009. Between 2009-2010; I worked in three different jobs. Between the end of 2010 to Sep 2011, I stayed at home, because of health reasons and being fully involved with my kids. In 2011-2012, Went to school and did an apprenticeship with 1500 hrs. In Nov. 2012, I Moved to Montreal to be with my kids who were /are, going to University there. Sold my home in Vancouver in order to buy one in Montreal. In Nov. 2012, I applied for citizenship, in Montreal, with 1128 days of residency. Did the citizenship test on 23 Dec 2013, passed it 20/20. Did the interview, during which, I told the officer that my husband does not live here and that he had lost his residency, I actually, volunteered this information for being totally transparent and honest.
The officer asked if I was separated and I said no. He insisted that I was separated, I told him if he wanted to call it, physically separated, then the answer is yes, but I am still married and my husband totally supports us and lives abroad. Finally, he congratulated me and told me that I would be doing the oath in 2 weeks. Hooray! Hehe, guess again!
He then interviewed my son then my daughter, separately, he asked them solely about my their dad, how often they talks to him? Why does he come to visit, if I was separated or not? Do they love him? My daughter told him very clearly that I was married and not separated. The officer told them that they would be called in 2 months for the oath. My daughter, said that on her way out, he asked her if we were Arab and if we spoke Arabic and she said, yes.
Then, as we were leaving the building, he came out and called me in again and handed me a RQ, I asked why and he said, "Because I am not convinced of your marital status". Here I broke into tears and could not see anything, my son heard me and came in and told him that he was implying that I left him, when he was under age for the entire period of the citizenship requirment and he said "oh yeah, that's true". I sent my RQ immediately, in January 2013, in a huge box, filled papers, documents, passport copies, boarding passes, translation of stamps, bills, Costco records, internet and cell receipts, visa and bank statements and even my medication empty bottle.
I bought my home in Montreal, in October 2014. meanwhile, I was still bombarded with requests, of which the most difficult was, the records of entry and exit to my country of origin, and I still, did it.
I have had one passport only, since I have entered Canada, which I have been using it since 2008. I have been studying French since April 2013 to be able to work here. In Dec 2015, I called CIC and I was told that I am waiting for a citizenship hearing, and that, the decision was made in Nov. 2015, the agent said that she could not see anything else, that i would recieve a notice by mail and that it just means that the officer was not satisfied with my papers.
I don't think that there is one inch in CIC offices, in Montreal, that is not filled with our life history on papers. I have satisfied all the requirements and more. I am trying my atmost to find a job. I am the main applicant; I chose this country for better life for my kids , for democracy and liberty of speech, yet I find myself, speechless, at this point.
I can’t afford a lawyer, nor would I hire one, for I have done everything by the book, and have nothing to be afraid off, except the injustice itself.
If you want to be my lawyer , pls be my guest . I appreciate any shred of advice
Sorry for the ever long message

 

[chikloo]

We, my husband, I and my kids who where minors, at that time, arrived to Vancouver, on the 1 July, 2009, got our PR cards by mail within three months. My husband left us July 19th 2009, for he did not want to loose his job as it is our only source of income, and because he takes care of his parents. I bought our home in Vancouver, end of August 2009. Between 2009-2010; I worked in three different jobs. Between the end of 2010 to Sep 2011, I stayed at home, because of health reasons and being fully involved with my kids. In 2011-2012, Went to school and did an apprenticeship with 1500 hrs. In Nov. 2012, I Moved to Montreal to be with my kids who were /are, going to University there. Sold my home in Vancouver in order to buy one in Montreal. In Nov. 2012, I applied for citizenship, in Montreal, with 1128 days of residency. Did the citizenship test on 23 Dec 2013, passed it 20/20. Did the interview, during which, I told the officer that my husband does not live here and that he had lost his residency, I actually, volunteered this information for being totally transparent and honest.
The officer asked if I was separated and I said no. He insisted that I was separated, I told him if he wanted to call it, physically separated, then the answer is yes, but I am still married and my husband totally supports us and lives abroad. Finally, he congratulated me and told me that I would be doing the oath in 2 weeks. Hooray! Hehe, guess again!
He then interviewed my son then my daughter, separately, he asked them solely about my their dad, how often they talks to him? Why does he come to visit, if I was separated or not? Do they love him? My daughter told him very clearly that I was married and not separated. The officer told them that they would be called in 2 months for the oath. My daughter, said that on her way out, he asked her if we were Arab and if we spoke Arabic and she said, yes.
Then, as we were leaving the building, he came out and called me in again and handed me a RQ, I asked why and he said, "Because I am not convinced of your marital status". Here I broke into tears and could not see anything, my son heard me and came in and told him that he was implying that I left him, when he was under age for the entire period of the citizenship requirment and he said "oh yeah, that's true". I sent my RQ immediately, in January 2013, in a huge box, filled papers, documents, passport copies, boarding passes, translation of stamps, bills, Costco records, internet and cell receipts, visa and bank statements and even my medication empty bottle.
I bought my home in Montreal, in October 2014. meanwhile, I was still bombarded with requests, of which the most difficult was, the records of entry and exit to my country of origin, and I still, did it.
I have had one passport only, since I have entered Canada, which I have been using it since 2008. I have been studying French since April 2013 to be able to work here. In Dec 2015, I called CIC and I was told that I am waiting for a citizenship hearing, and that, the decision was made in Nov. 2015, the agent said that she could not see anything else, that i would recieve a notice by mail and that it just means that the officer was not satisfied with my papers.
I don't think that there is one inch in CIC offices, in Montreal, that is not filled with our life history on papers. I have satisfied all the requirements and more. I am trying my atmost to find a job. I am the main applicant; I chose this country for better life for my kids , for democracy and liberty of speech, yet I find myself, speechless, at this point.
I can’t afford a lawyer, nor would I hire one, for I have done everything by the book, and have nothing to be afraid off, except the injustice itself.
If you want to be my lawyer , pls be my guest . I appreciate any shred of advice
Sorry for the ever long message

Hi,
Sorry to hear your story. Don't worry, you have not done anything wrong. It is legal for one member of the family to apply for citizenship while the other does not. Also it is not a sponsorship case. CIC in 2013 was giving RQ to almost everyone and unluckily yours turned to be one of them.

Was it call center who said that a decision has been made on your case? Did you check online case status? Has it changed to decision made? If so then there is no Judge hearing after that and 99.99% your case is citizenship granted.
If it is not Decision made yet then you can request for ATIP which will give you clear information on what your current status of your application.

If you are asked to go in front of judge usually it will be still in process and a notice will be sent to when a judge is ready.

 

[Memo1967]

Hi Thanx for ur response, I really do appreciate it.
The call center told me that , I called last thursday morning and spoke in french and was told that, then my son told me that I probably did not understand so i called again and spoke in english and the agent told me that my application is waiting for a judge hearing.
so I called again friday morning and got the same answer from a third agent . the online status still says, in process .
I can't function I spent almost 3 days standing in total disbelief.

 

[chikloo]

Hi Thanx for ur response, I really do appreciate it.
The call center told me that , I called last thursday morning and spoke in french and was told that, then my son told me that I probably did not understand so i called again and spoke in english and the agent told me that my application is waiting for a judge hearing.
so I called again friday morning and got the same answer from a third agent . the online status still says, in process .
I can't function I spent almost 3 days standing in total disbelief.

Oh ok I did not understand your statement decision was made on Nov 2015. Meaning a decision was made to hearing. Ok. Its also not bad. You have to prepare well, be organized and answer simple/short.

First get copy of all the documents you sent to prove your residency. Arrange it in chronological order. Show more physical proof around the entry dates of your trips. All your association (membership YMCA/Gym), work proof,NOA, college fee receipt, house tax, health record and also credit card bills, telephone/cell, salary stub etc.,

Lawyers will do the same. If you dont have money all you need is to be composed, rehearse what you are going to speak, there are going to be questions around your husband living in a different country, you have to prepare proof around it.

Do not lie just tell them the truth but answer short for what he/she asks. Do not divulge unnecessary information or talk about if your daughter was asked if she speaks arabic. It will complicate things. If CIC rejects on bias they will have any other reason to cover that up well. So it is better not to bring it up.

 

[Almost_Canadian]

I've reread your post a few times trying to understand where the problem seems to be. From my understanding, it's most likely to do with your husband's status. As you said, he left to go back and continue his job which would mean he's lost his PR status. If you and the rest of the family get your citizenship, he would then automatically qualify for PR status as a spouse of a Canadian citizen.
Add the fact that he's working there and once you all get citizenship, there's no certainty that you will continue to stay in Canada. This would make CIC think very carefully before making a decision.

So I'm guessing the issue whether you are still married or separated is very important to them. Another point you mention is that your son said the officer implied that you had abandoned them when they were minor - forgive my misunderstanding if wrong -
Did they stay with you or they went back with their father and came back once again for university ?
Quote
'Here I broke into tears and could not see anything, my son heard me and came in and told him that he was implying that I left him, when he was under age for the entire period of the citizenship requirment and he said "oh yeah, that's true".'

There have been many recent cases of middle east based families who have misrepresented themselves especially in countries where entry /exit stamps are not shown on passport. So it could be they are being especially strict because of this.

Ultimately, if you have enough paperwork to show your presence then you can build a strong case for the judge to see. Anyway wish you all the best.

 

[scylla]

I agree with the above. I think they probably had one of two concerns:

1) Based on the fact that your husband is outside of Canada and you are still married, do you really meet the residency requirement?
2) Based on the fact that your husband is outside of Canada and you are still married, do you have any plans to live in Canada once you have citizenship?

 

[Memo1967]

Thank you all for your comments , I really do appreciate the support

 

[janoo]

Hi. mom1967.

Yes I have read all your correspondence and I do not see any reason for not granting
Citizenship, as you landed than you have right to apply individually your application for
Citizenship as you have enough proof for you to meet the residency requirements that
enough to secure the Citizenship, the officer not able to make the judgement himself was
the issue of your husband and concern that you will leave the country and stay with your
husband and in few months your husband will be automatically become the resident due
to your Citizenship, but the law do not allow to reject your case but have some concern
which judge will talk to you and explain and if you have no intention to leave Canada and
you have also evidence that you are learning french to stay in Montreal this will help.
Just relax nothing will happened as long you are saying the truth and you have complete
the residence requirements. No need to hire any lawyer and waste money.

 

[Memo1967]

Hi , My kids and I were living together, I was the sole care taker, My daughter left for her university in sept 2010. My son and I lived alone up to sept 2012, when I took him to the university in Montreal. After which, I Lived alone in Vancouver up to 2 November, then I moved to Montreal .
The question is , how can I get all the original documents that I have sent with my RQ?

 

[chikloo]

Hi , My kids and I were living together, I was the sole care taker, My daughter left for her university in sept 2010. My son and I lived alone up to sept 2012, when I took him to the university in Montreal. After which, I Lived alone in Vancouver up to 2 November, then I moved to Montreal .
The question is , how can I get all the original documents that I have sent with my RQ?

Why did you send original? The RQ will specify to keep originals with you ready for review (if required) and send only copies. Also you can replacement for almost everything they ask bank/credit card statements, rent receipts, Notice of assessment, telephone/utility/property tax/ contact employer for experience letter, health records u can contact the province ministry of health and get those or go to your family doctor who will be able to get you the records.

This time make a copy/scan for your file so that if the judge asks you for it you can then give the copy you are taking with you.

Again your husband's status is immaterial. His non PR status will not affect you. It is your familial situation.

 

[Nasimj]

Hi,

I doubt your husband would be an issue.
My husband doesn't live here in fact he gave up his PR last year and now comes and visits us on a visitor's visa.
My 4 year old son and I have been living here alone all this while.
I didn't bring it up during the interview but the officer did and asked me why my husband gave up his PR and how is he planning to join us back here, I mentioned to her that right now he is not planning to move here but when he does, I will sponsor him and she seemed to be ok with that.
I also have a valid UAE residence permit and I travel to Dubai every six months! (This was my biggest fear) I had all my exit and entry reports, NOA, pay slip ... with me just incase but she never asked to see them.
The only thing that might have helped me is that I've been a full time employee of a well known Canadian company for the last three years. I got my oath less than a month after my interview!

The thing is that, they already know everything about us, she asked me questions that I didn't even think possible for her to know but again I didn't have anything to hide.
Just be honest and answer the questions sincerely and clearly and have faith.
All the best to you and your family.

 

[screech339]

Having a UAE visa does bring issues with CIC since it does not prove that you will actually stay in Canada. Applicants with UAE visa tends to end up with RQ request, unless applicant get their UAE visa invalidated.