declared Short of 1095 days/ Test completed and want to know CJ hearing timeline

[Exports]

I have been short of approx. 180 days of the physical requirement at the time of applying which I mentioned in the application as it was due to business trips. I am into export business so had to travel few countries intermittently. Whereas my wife completed all days and was above 1250 days at the time of application.
I applied in 2013 as family application, after submitting questionnaire and waiting almost 26 months and 2 times finger prints got test which we both passed. The officer at mississauga said that it will be referred to the CJ and might be referred to St. Claire or even Scarborough- not sure.
Any Idea how much time as now both of us are stuck and uncertain about the timeframe. Is it wise to withdraw the application and then restart all over again? I heard that the wait time for CJ appointment is much more then the actual processing time?

Have been hearing that it is endless wait for CJ hearing with possibility of rejection? Appreciate if someone can guide

 

[Msafiri]

Read this thread about applicants having a hearing with a CJ. It has plenty of detail on why applying with a shortfall of days was always a bad idea. Another bad idea is having a joint adult application because if one person is held up then the other person is held up to. Your wife can request in writing for CIC to separate her from your file but its not a guarantee for residency cases which yours is. Processing times for non routine application are currently quoted as 36 months but in practice if you are added to the CJ queue it can get to 5 years with refusal as an outcome. Sure you can re-apply but the rules are more strict effective June 11, 2015 key being you need 4 years of physical presence in the 6 years prior to the application date. Go to the CIC website and it has details of the new Strengthening Canadian Citizenship Act (SCCA) including a residency calculator which tells you when you will be eligible.

 

[HighFive]

Exports, do what Msafiri has suggested to do and let us know if CIC has agreed to split your family application.
Good luck!

 

[Exports]

Hi Msafiri & HighFive,

Thanks for your reply. Its true I read that in residency issues and especially when we both passed the tests it is not possible to split the applications. So it might be difficult as both of us are stuck now. I spoke with one citizenship lawyer and he said he might be able to split the application. My wife and daughter are well above 1250 days. My background is that I have an export business ( self employed ) due to which I travelled most of the time and have been almost 180 days short which I declared in the application earlier & RQ and had submitted corporate bank statements, corporation documents etc.. My idea was that the judge could consider my absences due to business travel.
Now coming to CJ hearing, I am fearing if they apply strict Physical presence rule, then surely I would be denied. In that case as the new application states at the end I will have to declare and check box stating that " earlier citizenship denied. "
Do you think if I hire a lawyer and try to present " centralized life in Canada " during the judge hearing, it might work or it would be again an uncertain gamble. Anyhow I have to take a decision this week itself. Your links have helped me and wish I could have known about this forum earlier.
1. Plz suggest if you see any chances or just to withdraw as per your experience.
2. Does anyone have any idea how much time it takes for CJ hearing as had given the test at Mississauga Erin Glen. The officer said the file might be sent to St. Claire, or Scarborough or even Mississauga.

 

[Msafiri]

1. And how does the lawyer intend to convince CIC not to follow its stated protocol (including to an Operational Bulletin) of not splitting residency issue joint files? A lawyer may help highlight how your situation fits a particular residence test in this case the Koo but he/she can't influence/make the CJ chose that test so why waste money on a non eventuality could be one view or what have you got to lose could be the other.

2. Most applicants in your situation tend to make a decision based on how realistic a re-application is. If your chances of re-applying are nil because you are even more short of days and the chance of ever getting enough days is also nil (given that the new SCCA is even more strict on physical requirements) plus taking into account your financial resources it may be worthwhile to you to risk a CJ hearing and potential drawn out legal process. On the flip side CIC are determined to close off shortfall applicants at court and 180 days is excessive and easy pickings for any half decent CIC layer at the FC. You had one year to do your thing (3/4 years)...why should you get any more time is the rationale!

3. Given the fast processing times in the GTA with some at 4 months to completion the best option (and what I would personally do if it was me) is to re-apply with the required number of physical presence days if in fact you/ your spouse has the necessary number of days at this time. Submit separate applications this time round.

4. Could easily be a year or more to see the CJ you would have to search through historic threads to get a better idea of timelines. In my opinion it will take longer to go through the CJ process than a new application. The advantage of the latter over the former is that you are guaranteed approval...with the CJ you don't know and you have CIC waiting to appeal and the FC often agreeing with CIC.

 

[AUTO101]

well I hope you didn't miscalculate being short of 180 days like some other Masters in Accounting applicants.

this will delay your process and your application may very likely be rejected as CJ are being asked to be a little more strict. Too many people abusing the system.

NEVER EVER EVER EVER apply short of days. have a week or two buffer. learn from others mistake guys..

 

[Exports]

Thanks for your feedback.
I met the lawyer today. I was suggested to order ATIP and then decipher so as know what is going on. And then after a month can withdraw and reapply. Anyway after reading all the details from you pros and cons- I have made up my mind to withdraw as my days are well above 1500+ in the new calculation with all other details okay.
We called up the Cic today and they said splitting could be possible and to send a letter and request to the local office. ( it's real waste of 2 and half years since the time I applied and lot of frustration to see some applications being approved in 6 months time )

 

[HighFive]

Thanks for your feedback.
I met the lawyer today. I was suggested to order ATIP and then decipher so as know what is going on. And then after a month can withdraw and reapply. Anyway after reading all the details from you pros and cons- I have made up my mind to withdraw as my days are well above 1500+ in the new calculation with all other details okay.
We called up the Cic today and they said splitting could be possible and to send a letter and request to the local office. ( it's real waste of 2 and half years since the time I applied and lot of frustration to see some applications being approved in 6 months time )

That's great news for you guys! So will you request file splitting first and then withdraw your individual application and re-apply alone? is that the plan so far? Good luck!

 

[Exports]

Yes as of now that is the plan. Even though call centre agent said that splitting the file is possible; bit worried as the operational bulletin states that splitting is not possible when residency issue in one of the members fe and based on case to case basis. Anyway no options than to try.

 

[AUTO101]

Thanks for your feedback.
I met the lawyer today. I was suggested to order ATIP and then decipher so as know what is going on. And then after a month can withdraw and reapply. Anyway after reading all the details from you pros and cons- I have made up my mind to withdraw as my days are well above 1500+ in the new calculation with all other details okay.
We called up the Cic today and they said splitting could be possible and to send a letter and request to the local office. ( it's real waste of 2 and half years since the time I applied and lot of frustration to see some applications being approved in 6 months time )

did anyone ask you to apply short of days? had you applied with minimum requirement, your application may have been approved in 6 months just like those people who followed rules and instructions.

I hope others will learn from your mistake.

good luck in your journey.