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De-coupling of Family Application

skhan123

Star Member
Sep 27, 2009
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Can i separate my file from the family (Wife and Kids) at any time in the processing. I got RQ in last OCt. and since then nothing happened. Due to my RQ, my family's applications are stuck too. Is this possible that I separate them from mine so that there can be processes as normal case. Any experiences?

regards.
 

dpenabill

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Apr 2, 2010
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skhan123 said:
Can i separate my file from the family (Wife and Kids) at any time in the processing. I got RQ in last OCt. and since then nothing happened. Due to my RQ, my family's applications are stuck too. Is this possible that I separate them from mine so that there can be processes as normal case. Any experiences?

regards.
No personal experience.

Based on information from CIC and reports about this in multiple forums, you can request that CIC separate the applications, BUT CIC has discretion to separate or keep the applications together. CIC's choice.

While the reports are not numerous, most seem to indicate that CIC often does NOT separate the applications, but there are a number of reports of cases in which they have separated them.

Note, however, one experience reported in another forum involved an applicant who made the request to separate the applications and CIC did separate them, and who knows why, but then the RQ'd applicant's case actually got approval first (again, this report was in a different forum; and eventually they were scheduled for the oath at the same ceremony).

I would also note that CIC appears to be making far better progress with RQ'd applications these days than it has in the past. There may be little or no advantage gained by requesting the separation, and indeed this could involve pulling the applications out of a queue to be assessed for separating resulting in further delay for everyone.

While CIC does not disclose its reasons much, my sense is that oft times CIC will RQ just one of the applicants who file together and rely on that response to settle any concerns or questions about either of the applicants . . . that is, my sense is that CIC will usually not separate the applications.

If of course there is a big difference in the facts (such as one of the applicants having far more absences than the other, and especially if one falls short of the 1095 days actual presence threshold), that is something that would weigh heavily toward at least requesting the separation of the applications.

In Federal Court decisions I have seen cases in which spouses submitted separate applications months apart and yet CIC ends up processing the applications in large part together even if not technically together . . . thus for example, there are instances in which separate hearings with Citizenship Judges were held, but scheduled to be one right after the other. I mention this to reinforce my observation that it appears CIC leans toward keeping the applications together rather than separating them . . . even though it has and will separate them sometimes.

In regards to this, remember that where one's immediate family is located, resides, has resided, is strong evidence of where the individual has resided. That is, the residency facts for one spouse are a strong indicator of residency facts for the other spouse.
 

skhan123

Star Member
Sep 27, 2009
149
2
Thanks dpenabill for detailed reply...

On a different note, sending ATIP too frequently impacts the case nnegatively? I read on the forums that some people are doing very frequent ATIPs and others are saying don't do it etc. what you suggest. I did only one in March 2015. I applied in July 2014. RQ in Oct. 2014, FP in Dec. 2014.
 

Msafiri

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Nov 18, 2012
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1. Seems the most recent direction on this is Operational Bulletin 529A of Sep 5, 2013 which indicates file splitting doesn't happen where there are Residency Concerns. The language here actually refers to waiting to see the CJ. If the wait is due to failed test/ knowledge issues then a split request is acceptable.

2. You have nothing to lose though. If denied you may wish to withdraw and re-apply not just for your spouse and kids but for yourself too if you qualify under the current since processing times have speeded up. Why did you get RQd? Are you short on days?

3. You can ATIP as much as you want but you will get the same information each time unless there is a substantial gap between the requests to allow for some movement on the file. With RQd applicants said movement may be say once a year but its a guess as to how long. If it makes you feel better sure but don't expect any new info is the message!

Good luck
 

ItkExpert

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dpenabill said:
In regards to this, remember that where one's immediate family is located, resides, has resided, is strong evidence of where the individual has resided. That is, the residency facts for one spouse are a strong indicator of residency facts for the other spouse.
I agree with you totally but it seems CIC officers disagree with you. Or how else would you explain many cases (including mine) where the wife receives citizenship whereas husband stays in limbo for many months and years? My wife became a citizen a year and a half ago whereas it appears that my file was only recently approved. I did send few letters to the CIC reminding them that my wife was already granted citizenship but it did not seem to help my case.
 

Smile_Canada

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ItkExpert said:
I agree with you totally but it seems CIC officers disagree with you. Or how else would you explain many cases (including mine) where the wife receives citizenship whereas husband stays in limbo for many months and years? My wife became a citizen a year and a half ago whereas it appears that my file was only recently approved. I did send few letters to the CIC reminding them that my wife was already granted citizenship but it did not seem to help my case.
I tend to disagree to this. One spouse may have traveled out of country more often than another. It could be due to work, or could be personal to take care of family member in home country.
 

ItkExpert

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Smile_Canada said:
I tend to disagree to this. One spouse may have traveled out of country more often than another. It could be due to work, or could be personal to take care of family member in home country.
The travelling spouse should disclose all his travels and given the citizenship if he meet the residency criteria and denied oterwise. Giving citizenship to one spouse while delaying the other is equivalent to saying that the wife is truthful whereas her husband is a potential liar (I know that it sounds extreme but this is whats implied if you think it through)
 

Smile_Canada

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ItkExpert said:
The travelling spouse should disclose all his travels and given the citizenship if he meet the residency criteria and denied otherwise. Giving citizenship to one spouse while delaying the other is equivalent to saying that the wife is truthful whereas her husband is a potential liar (I know that it sounds extreme but this is whats implied if you think it through)
yeah now i understand what you are trying to say.
I agree to this part, if one of spouse is trying to hide something other spouse most of time is aware of the situation and is equivalent Partner in Crime ;)
 

dpenabill

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Apr 2, 2010
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skhan123 said:
On a different note, sending ATIP too frequently impacts the case nnegatively? I read on the forums that some people are doing very frequent ATIPs and others are saying don't do it etc. what you suggest. I did only one in March 2015. I applied in July 2014. RQ in Oct. 2014, FP in Dec. 2014.
I do not know that frequent ATIP requests have a negative impact.

However, while there are occasions when it is a good idea to do the ATIP request, it is done far too often unnecessarily.

If and when is a very personal decision. But I see a large, large number of reported ATIP requests which, again, are unnecessary and which accomplish no more than to confirm what the applicant should have already inferred anyway.



ItkExpert said:
I agree with you totally but it seems CIC officers disagree with you. Or how else would you explain many cases (including mine) where the wife receives citizenship whereas husband stays in limbo for many months and years? My wife became a citizen a year and a half ago whereas it appears that my file was only recently approved. I did send few letters to the CIC reminding them that my wife was already granted citizenship but it did not seem to help my case.
This was in reference to my observation:

. . . . remember that where one's immediate family is located, resides, has resided, is strong evidence of where the individual has resided. That is, the residency facts for one spouse are a strong indicator of residency facts for the other spouse.
Actually I am very confident that, in their practical approach anyway (even if not literally) CIC officers do not disagree with my statement.

That certain facts are an indicator, however, does not make them conclusive. Far from it.

Evidence does not equal proof.

Evidence is always subject to assessment and comparison, weighed relative to other evidence, considered in conjunction with other evidence and information.

In terms of the weight of indicators, remember that negative indicators tend to carry a lot more weight . . . for obvious reasons. They are inconsistencies and inconsistencies almost always bear more weight. In particular, evidence which tends to controvert presence or residence is likely to have a greater impact than evidence which is merely consistent with presence and residence. (For example, a single banking record showing what appears to be an in-person transaction abroad is sufficient to cast doubt on the applicant's whereabouts relative to the time period around that transaction's date, even if the bank records otherwise show a hundred transactions in Canada over the course of several months before and after.)

Thus, for the applicant whose family is living in Canada, including those in the family who have already proceeded through the citizenship application smoothly, that is merely consistent with the proposition that the applicant likewise has been resident and present in Canada . . . but if RQ has been issued (for whatever reason) the residency question still requires a full assessment and, in particular, still requires positive proof of presence, place of abode, and activity in Canada. If any of these things is weak, that weakness tends to more than offset merely consistent indicators.

In contrast, for the applicant whose immediate family has been living outside Canada, that is overtly inconsistent with the applicant having a centralized life in Canada, leading CIC to at least question residency, and thus CIC tends to elevate the degree of scrutiny applied to the evidence of residency and presence.

There are many, many other indicators which, similarly, if they lean toward residency they are more or less merely consistent with residency and presence, not exactly evidence of residence and presence. If they lean toward being inconsistent with residency or presence, they tend to loom larger, tending to invite greater scrutiny if not skepticism. Of course these things do not occur in a vacuum, but are interconnected. Thus, unemployment by itself is not necessarily a big negative factor, but depending on other circumstances it can loom as both a negative factor itself and also invite elevated scrutiny if not skepticism generally.

This is actually fairly standard fact-finding 101. Thus, for example, the absence of evidence of something can have a bigger negative influence than its presence has positive influence. The biggest example of this is the presentation of all relevant Travel Documents. If the applicant fails to present a Travel Document covering any portion of the relevant time period, that looms as a huge negative factor even if the failure to present it is not the applicant's fault (passport lost in a fire for example). Presenting all Travel Documents, in contrast, is merely positive to the extent they do not constitute cause for negative inferences. Much more proof than presentation of Travel Documents is required to tip the scales toward a favourable outcome.
 

Msafiri

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ItkExpert said:
I agree with you totally but it seems CIC officers disagree with you. Or how else would you explain many cases (including mine) where the wife receives citizenship whereas husband stays in limbo for many months and years? My wife became a citizen a year and a half ago whereas it appears that my file was only recently approved. I did send few letters to the CIC reminding them that my wife was already granted citizenship but it did not seem to help my case.
Anecdotal evidence and case law indicated a pattern showing files with residence concerns had several similar features leading to creation of a file template analysis to direct RQ issuance. One that stands out was a risk factor based on children being born outside Canada which inevitably ties in both parents in a joint application!! This especially pursuant to the discovery of a citizenship residence fraud ring in Mississauga. In particular CIC are looking at where very young minor dependent children reside vis a vis their parent citizenship applicants in the qualifying residence period - this is why they ask where your kids go to school. The norm is that most parents won't live for 1095 days at a stretch in Canada while their 4 year old kid is back home!

Prudence advises adult applicants to file separately with the dependent kids being enjoined in one application preferably that of the adult applicant with definitive proof of physical presence read full time employment in a bona fide Canadian Company that requires you to physically show up in Canada for a standard regular working week.
 

ItkExpert

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dpenabill said:
This is actually fairly standard fact-finding 101. Thus, for example, the absence of evidence of something can have a bigger negative influence than its presence has positive influence. The biggest example of this is the presentation of all relevant Travel Documents. If the applicant fails to present a Travel Document covering any portion of the relevant time period, that looms as a huge negative factor even if the failure to present it is not the applicant's fault (passport lost in a fire for example). Presenting all Travel Documents, in contrast, is merely positive to the extent they do not constitute cause for negative inferences. Much more proof than presentation of Travel Documents is required to tip the scales toward a favourable outcome.
At my interview I was able to present both my present and expired passports which corroborate all the trips declared by me through existence of entry and exit stamps. However the reason for my RQ , which I found only later through ATIP, was that one of the entries which I declared did not appear in CBSA records. The funny thing is , that the officer who interviewed me could have easily resolved this issue because for that missing CBSA record there exist both an exit stamp from abroad and an entry stamp to Canada. Besides they know that CBSA records are sometimes incomplete. But instead of resolving my case she chose to issue an RQ being well aware that this will cause very very long delay in my case. BTW at the end interview she told me that everything is fine while knowing perfectly well that it is not.