Definition of Non-Routine Application

[jaycrew]

Hi all,

Still waiting on my Citizenship Application in Edmonton, have submitted my application in May 2011.

The last I spoke to an agent, they advised me that my application is considered non-routine because I twice advised CIC that I was going to be away from Canada for a period of 3 weeks each, in anticipation that I may be called on for testing during that period. I do not agree.

In reviewing what constitutes a non-routine application, CIC advises the following:

What is a non-routine application?

An application is considered non-routine if any one of the following has occurred:

you are asked to provide a residence questionnaire, documents proving residence in Canada, fingerprints, or any other additional documents;
we have not received all the necessary documents or the correct fees;
it is unclear whether you meet the residence requirements;
it is unclear whether you are subject to any immigration, security or criminal prohibitions;
you do not meet the language requirements for citizenship;
you fail or are unable to write the knowledge-of-Canada test (citizenship test); and
you require a hearing with a citizenship judge.

Any input on this and what I should say the next time I call CIC?

As always, thanks in advance for your help

 

[eileenf]

Hi all,

Still waiting on my Citizenship Application in Edmonton, have submitted my application in May 2011.

The last I spoke to an agent, they advised me that my application is considered non-routine because I twice advised CIC that I was going to be away from Canada for a period of 3 weeks each, in anticipation that I may be called on for testing during that period. I do not agree.

In reviewing what constitutes a non-routine application, CIC advises the following:

What is a non-routine application?

An application is considered non-routine if any one of the following has occurred:

you are asked to provide a residence questionnaire, documents proving residence in Canada, fingerprints, or any other additional documents;
we have not received all the necessary documents or the correct fees;
it is unclear whether you meet the residence requirements;
it is unclear whether you are subject to any immigration, security or criminal prohibitions;
you do not meet the language requirements for citizenship;
you fail or are unable to write the knowledge-of-Canada test (citizenship test); and
you require a hearing with a citizenship judge.

Any input on this and what I should say the next time I call CIC?

As always, thanks in advance for your help

Assuming you haven't received a Residence Questionnaire, I would contact your MP and see if they can find out anything on your behalf. I might also try contacting the Call Centre next week and inquiring again. It's possible that the agent you spoke with was ill-informed and just trying to get you off the phone without having to send an enquiry to the local office.

If another agent tells you the same thing, I would ask what written policy or document defines routine vs. non-routine and ask if they can specifically clarify what the concern was with your application.

I have heard that rescheduling a test or invite for the second time is a risky move and may result in significant delays, but adding 12 months to your processing timeline simply because you complied with CIC policy to advise them of absences from Canada of more than two weeks seems arbitrary, punitive and ultimately counter-productive on their part.

 

[OKK]

I applied in November 2011 and since then i went away twice to my home country once was for 3 weeks and the second time it was for 6 weeks both times i advised my local office by sending them a fax along with a copy of my itinerary...few days ago i wrote my test currently awaiting my oath which should be in 6-8 weeks as per the officials...so i was in the same boat as you are but got no idea why CIC agent told you that

 

[jaycrew]

Thanks guys,

No response from the MP and I am now considering involving an immigration lawyer. The CIC has no formal basis to deem my application as non-routine, they at least have not come out and said it, and therefore think I may benefit from involving a lawyer.

Please note that to date I have completed all steps of the application myself, and I have documented proof that I have lived in Canada for over 5 years now (1095 days prior to applying for citizenship).

Do you think this may in anyway be detrimental to my application. I do not think CIC will take it personally, I am just trying to motivate them to complete my application within a reasonable time.

Anyone recommend a good lawyer in the Edmonton area?

Thanks again and really appreciate your time in helping me out.

 

[Later]

The last I spoke to an agent, they advised me that my application is considered non-routine because I twice advised CIC that I was going to be away from Canada for a period of 3 weeks each, in anticipation that I may be called on for testing during that period.

The fact of the matter is, if you are an immigrant, it is expensive to travel to your home abroad. Airplane tickets to countries like India and China cost upwards of $1,000 per person. People pay alot of money to travel with their spouse and children to their homeland, and so they will try to stay there for as long as possible in order to make the cost worthwhile. That is why many trips are longer than two weeks. Since a normal citizenship application now takes 25 months or so for the CIC to process, it is reasonable that most people will have visited their homeland at least twice during that time. For the CIC to flag you as suspicious for doing so means that they have very little understanding of the lives of immigrants.

You are legally allowed to go on trips abroad that are longer than 3 weeks. Heck, since this is a post-citizenship application absence, you are allowed to go anywhere for 3 out of the 5 years. You followed CIC policy (notice that I did not say "you did the right thing"), and informed them that you will be away. As a result, the CIC has engaged in its usual passive-aggressive measures (http://www.canadavisa.com/canada-immigration-discussion-board/leaving-canada-while-application-is-in-processproper-things-to-do-t158459.0.html), and you have now been diverted into the RQ stream where non-traditional applicants are subjected to long delays. The CIC is in the wrong here, but there is nothing that you can prove, and therefore there is nothing that you or your lawyer or your MP can do.

Wake up and smell the coffee people. The CIC is targetting immigrants even though those immigrants are engaging in perfectly reasonable, legally permitted activities. So long as what you are doing is legally permitted, do not give the CIC information that they will use against you.

Better yet, work through your local immigrant group to push back on the CIC. Are you a Sikh? A Sri Lankan? A Filipino? I know that these groups have very strong, centralized communities. If you watched the video that eileenf recently posted (http://www.canadavisa.com/canada-immigration-discussion-board/toronto-meeting-re-possible-legal-action-for-rq-recipients-t156506.0.html), you can see that the Iranian community has joined together to push back against the unfair treatment their community is receiving. All immigrant communities should start to work together to put pressure on our MPs.

Organizing through immigrant communities means that no one is singled out for persecution by the CIC. Community groups command attention when they speak because the politicians know that their image in that community, and therefore votes of that community, will be affected. We either hang together, or hang alone.

 

[eileenf]

All immigrant communities should start to work together to put pressure on our MPs.

Organizing through immigrant communities means that no one is singled out for persecution by the CIC. Community groups command attention when they speak because the politicians know that their image in that community, and therefore votes of that community, will be affected. We either hang together, or hang alone.

Please consider joining the Association of Future Canadians. We're organizing against the unreasonable citizenship delays through press attention and political means.
http://residencequestionnaire.wordpress.com/association-of-future-canadians/

 

[frege]

Thanks guys,

No response from the MP and I am now considering involving an immigration lawyer. The CIC has no formal basis to deem my application as non-routine, they at least have not come out and said it, and therefore think I may benefit from involving a lawyer.

Please note that to date I have completed all steps of the application myself, and I have documented proof that I have lived in Canada for over 5 years now (1095 days prior to applying for citizenship).

Do you think this may in anyway be detrimental to my application. I do not think CIC will take it personally, I am just trying to motivate them to complete my application within a reasonable time.

Anyone recommend a good lawyer in the Edmonton area?

Thanks again and really appreciate your time in helping me out.

I think CIC's way of dealing with things - subjecting applicants to punitive delays for actions that are entirely legitimate, such as trips abroad after the application - is appalling.

However, I don't know if you'll have much success trying to force things in court after only two years. My impression is that CIC isn't legally bound by their blurb about what "non-routine" means.

You might want to review the following collection of court decisions about what is considered an unreasonable delay. You may be able to find others on Canlii by searching for "mandamus" and "citizenship application", or similar search terms.

http://residencequestionnaire.wordpress.com/mandamus/

Thanks to Eileenf for posting that information.

 

[Later]

I think CIC's way of dealing with things - subjecting applicants to punitive delays for actions that are entirely legitimate, such as trips abroad after the application - is appalling.

However, I don't know if you'll have much success trying to force things in court after only two years. My impression is that CIC isn't legally bound by their blurb about what "non-routine" means.

You might want to review the following collection of court decisions about what is considered an unreasonable delay. You may be able to find others on Canlii by searching for "mandamus" and "citizenship application", or similar search terms.

http://residencequestionnaire.wordpress.com/mandamus/

Thanks to Eileenf for posting that information.

The CIC is very opaque in its processes. It answers to no one, and so it can afford to engage in such appalling practices.

My impression from the video was that joining the lawsuit will force the government lawyer to have to defend why a long delay of 35+ months is justified. For some, there will be a good reason for the delay (e.g., CSIS security investigations). For others -- for example, those whose applications were selected by the CIC for random quality testing purposes -- whose files are languishing in the CIC offices for no good reason, a court action such as this will speed things up for them at minimal cost ($750 versus $5,000). Having a favorable court action might goose the CIC to start thinking of ways to speed up the overall process for everyone.

In addition to putting pressure on the CIC through the court action, it is wise to put pressure on them politically. However, most immigrants come from countries with harsh governments, and so they are afraid to agitate against the CIC. In any country, immigrants are vulnerable. That is why it is important to work through your immigrant community leaders. Meet with your community leaders and ask them to represent your cases as a group to your MP. Your leader is there to hold the government accountable for things that are hurting your community. Don't just allow people like Jason Kenney to come and dance at temple gatherings, eat your food, celebrate your national holidays, and then think that everything is ok and their unfair policies will have no repercussions so long as they stroke a few egos.

Organize yourselves. Reach out, through your immigrant community newsletter or other similar communication, and find out who is suffering from this problem. Is it only the Iranians? I don't think so. Form a committee to organize people within your community who are suffering from the CIC's processes. Those committees should then link up with the committee that eileenf pointed out: The Association of Future Canadians.

The Association of Future Canadians can then act as a co-ordinator for all of the different community bodies -- passing on information, and helping them to work as a united group. There is strength in numbers. Especially if those numbers are at the local level where elections are won or lost. When different community groups come together to meet with an MP, it is harder for him/her to ignore all of you. There is strength and safety in numbers.

The CIC will never change without this political pressure. There is no ombudsman, or other such intermediary, to ensure fairness. The long queues probably mean job security for some of them, and so they are not inclined to do anything about it. If you do nothing, they will do nothing.

 

[frege]

Don't just allow people like Jason Kenney to come and dance at temple gatherings, eat your food, celebrate your national holidays, and then think that everything is ok and their unfair policies will have no repercussions so long as they stroke a few egos.

I agree with your sentiments entirely.

That is exactly the feeling I get when I see Tory ministers parading around in turbans, while at the same time adopting anti-immigrant policies.

 

[Msafiri]

Kudos to Eileenf for putting together a resource summarizing the RQ situation via a single source portal as its been scattered among multiple forums.

General agreed sentiment is that there is little political incentive and capital to tackle citizenship delays...its just not a vote winning issue. In tandem with writing to MPs and the press would be looking at processes that effectively saves CIC (read parliament) face yet keeps the 'we are rooting out the bad guys so you just have to wait' approach that has I dare say the average voter going 'yay the government is protecting us from cheats/frauds'. The biggest hold up for the citizenship application is the timeline to test...why can't CIC just have applicants test pre-application so the applicant inventory is effectively oath ready? It would require a water tight process to prevent fraud which is what bedeviled the process when this commenced in the UK.

Also its baffling that CIC can turn round PR Card renewals in 1 week (urgent cases) yet take 3+ years to process a citizenship application vis a vis the background/criminal/security clearances - seems as if they are disregarded completely for the former!