Immigration judge

[chabha]

Nothing. It just a prohibitions under citizenship act. like lists of stuff that you shouldn't do, otherwise, they reserve the right to revoke ur citizenship (such as terrorism, spying on canada etc etc)

Hi Cedarjet,

I also gave my citizenship exam recently. I was also provided with this green form at the door to fill and sign. However, I was very late for my test on that day hence I read the form casually and signed it and handed it to the interviewing officer.

I am wondering, if you remember, what was there exactly on that form? Was there also clause for intention to reside in there? As someone has already mentioned in some other forum.

I am also surprised that if someone's application is before June 11, then why were additional clauses as per new laws has been attached with old applications?

 

[cedarjet]

Hi Cedarjet,

I also gave my citizenship exam recently. I was also provided with this green form at the door to fill and sign. However, I was very late for my test on that day hence I read the form casually and signed it and handed it to the interviewing officer.

I am wondering, if you remember, what was there exactly on that form? Was there also clause for intention to reside in there? As someone has already mentioned in some other forum.

I am also surprised that if someone's application is before June 11, then why were additional clauses as per new laws has been attached with old applications?

That section is available on the new citizenship applications. I can't remember them all, so if you want to see them, go to cic citizenship application and you will find it there ( new applications after june 11 have them, older application forms don't)

 

[AUTO101]

Why are people wasting their own time and CIC time by applying early? Follow the damn rules and don't expect anyone to give you something because you have a reason or excuse. We all want to feel special and hope to get Royal treatment. If you can't follow the simple rules and instructions, I don't know if you are ready to be Canadian yet.

 

[troll2]

Hi Cedarjet,

I also gave my citizenship exam recently. I was also provided with this green form at the door to fill and sign. However, I was very late for my test on that day hence I read the form casually and signed it and handed it to the interviewing officer.

I am wondering, if you remember, what was there exactly on that form? Was there also clause for intention to reside in there? As someone has already mentioned in some other forum.

I am also surprised that if someone's application is before June 11, then why were additional clauses as per new laws has been attached with old applications?

To bad you haven't read fine print on the back side of the form. It said that starting June 11 airport authority can revoke your citizenship for the things you are planing to do.

 

[dpenabill]

At the risk of responding to trolls:

This topic is not about making a decision to apply for citizenship early. And since June 10th, any new applications short of presence requirements will be summarily returned as incomplete.

This topic is about an applicant who relied on CIC's information and applied while eligible for citizenship, based on being resident in Canada for 3+ years even though falling short of 1095 days actual presence. . . . and now will be going to an interview/hearing with a Citizenship Judge.

All CIC ever informed such applicants, who were short of 1095 days actual presence, is that their case would take "longer" and it would be up to a Citizenship Judge whether they were granted citizenship. There was nothing in what CIC informed PRs which said they should not apply before reaching 1095 days presence in Canada.

Participants in forums like this have known better for many years. That for example CIC was not even being honest in saying it was up to a Citizenship Judge (that is, that even if a CJ approved the applicant, CIC could still take action to block the grant of citizenship).

There are probably a large number of early applications in process. The blame for this belongs largely to CIC itself. Blame the CIC Minister's boss and fire him for abusing taxpayer's dollars and wasting government resources. It is time for a change anyway.

In the meantime, the OP here should indeed gather as much evidence as feasible, as practical, and go to the meeting with the CJ prepared to present a positive case.

 

[troll2]

At the risk of responding to trolls:


There was nothing in what CIC informed PRs which said they should not apply before reaching 1095 days presence in Canada.

Does your testimony ring true ?

How's this for example:

"You must have lived in Canada for at least three years (1,095 days) in the four years immediately before you apply for citizenship. "

The word MUST has only one meaning, very very simple meaning. If some people and OP would understand its value, this topic wouldn't exist.

 

[ayncdn]

Thanks everyone for their response.

As I mentioned, I had to leave Canada to attend grad school for a paid position as a researcher (tuition+salary). I have a letter from my school that states this fact, and that I had not left Canada at that time, my position would have been given to someone else. I also have testimony from a faculty member of my former university in Canada that my field has more opportunities in US grad schools in terms of government funding and research facilities.

My brothers live in Canada and are all citizens.

I plan to make the case for why I had to leave early and I couldn't stay.

 

[troll2]

Thanks everyone for their response.

As I mentioned, I had to leave Canada to attend grad school for a paid position as a researcher (tuition+salary). I have a letter from my school that states this fact, and that I had not left Canada at that time, my position would have been given to someone else. I also have testimony from a faculty member of my former university in Canada that my field has more opportunities in US grad schools in terms of government funding and research facilities.

My brothers live in Canada and are all citizens.

I plan to make the case for why I had to leave early and I couldn't stay.

Ayncdn,
Your excuse for shortfall is lame, almost worthless to judge. Try to talk about it as little as possible. Your case should be build around your intention to reside in Canada ( if any ). Stuff like proofs of investments in Canadian company, owning a property in Canada or mortgage payments, dependants or spouse in Canada, social ties etc.
Good luck.

 

[ayncdn]

I also have proof that I own a property in Canada that I share with my brothers who are Canadian and live there. I also have proof that since I left I travelled many time to Canada and within the past 4 years I travelled to Canada for a summ of 313 days.

 

[Smile_Canada]

Ayncdn,
Your excuse for shortfall is lame, almost worthless to judge. Try to talk about it as little as possible. Your case should be build around your intention to reside in Canada ( if any ). Stuff like proofs of investments in Canadian company, owning a property in Canada or mortgage payments, dependants or spouse in Canada, social ties etc.
Good luck.

I agree , your excuse is really lame, and the hurry u have to get citizenship shows that u have very less intention to stay in Canada after Citizenship is granted. Otherwise u would have completed your grad school, come back to Canada and complete your 115 days and then would have applied.

So in my opinion u stand very less chance.

 

[SenoritaBella]

I think the point of meeting a Judge is to convince/satisfy him/her why you should be granted citizenship. I don't think drawing too much attention to your reasons for leaving(studying in the US) would be viewed in a positive light. Plus, it may give the Judge an impression that you are not likely to live in Canada if granted citizenship.

It's therefore in your best interest to search citizenship cases on the "Federal Court" website, particularly the "Koo test" and try to build arguments around why you should be approved. Also, bring affidavits from family and friends, neighbors, community groups(church) if you are involved with any of them, etc. Also bring proof of property ownership, bank accounts, investments, etc in Canada. Goodluck!

Thanks everyone for their response.

As I mentioned, I had to leave Canada to attend grad school for a paid position as a researcher (tuition+salary). I have a letter from my school that states this fact, and that I had not left Canada at that time, my position would have been given to someone else. I also have testimony from a faculty member of my former university in Canada that my field has more opportunities in US grad schools in terms of government funding and research facilities.

My brothers live in Canada and are all citizens.

I plan to make the case for why I had to leave early and I couldn't stay.

 

[Msafiri]

I passed my citizenship test last September and I have to see an immigration judge in July.

The reason is I had 115 days less than the required number of days because I had to leave Canada to attend graduate studies outside Canada: if I did not leave in time, my position as a paid graduate student would have been given to someone else and there was no opportunity like that in Canada. I have to justify why I have 115 days short.

What should I expect when I see the judge?
How can I make my case stronger so that they approve my citizenship application?

Your fate as that of all those that see a CJ depends on which residence test the CJ decides to apply. If CJ goes for the strict physical presence residence days requiring 1095 days of actual physical presence (APP) and clearly identifies this in the notice of decision as the applied test and why you fail to meet it and as such refuses the application then that's you done (well subject to appeal but I don't see how the FC can knock this back). If the CJ applies the other 2 tests which don't require 1095 days APP then it comes down to how your evidence matches the factors that these tests have applied as per case law. Read up on the Koo test - this seems the best outcome for you because in my opinion CIC are less likely to appeal this.

Nobody has to leave Canada is the courts stand - they chose to leave Canada!!

One thing that did always puzzle me even when I bring it up with those in the legal fraternity is why no one ever challenged a refusal on say the 1095 days APP on grounds of legitimate expectation where the same CJ decided a similar case but applied the Koo test....i.e. is it the case that a CJ will always apply one test? Is it fair for them to mix and match tests? If they do what makes them decide which test and does this randomness adversely impact on natural justice??

Oh well its really the politicians fault - primarily a certain leader who saw himself losing the top spot. He prorogued Parliament to prevent an election - in doing so a bill defining residence as physical presence never saw the light of day and residence continued to depend on the luck of the draw as to which test was applied. Human nature being what it is there are those who gambled with a shortfall in physical presence days because to them there was something outside there (rightly or wrongly) of more importance than living in Canada for the entire 3/ 4 year period and anyway the law had this 'loophole' by absurdly failing to define residency as physical presence. Oh how little we knew the mess this would create...herein the seeds of the massive RQ dump beginning in mid 2012 were sown leading to lengthy processing times!!

 

[redapple]

To ayncdb,

Any update? Have you seen the citizenship judge? I am in the same boat as you, i lack 18 days. Passed the citizenship test this july but during the interview i was advised that my case be reviewed.... either be forwarded to a citizenship judge (which will take a year) or consider and proceed with oath taking (3-5 months). I would appreciate your update. Thanks.

 

[janoo]

few days short normally this is the jurisdiction of Judge and hopefully he will grant you
a citizenship without calling for hearing..

 

[HHH2000]

To ayncdb,

Any update? Have you seen the citizenship judge? I am in the same boat as you, i lack 18 days. Passed the citizenship test this july but during the interview i was advised that my case be reviewed.... either be forwarded to a citizenship judge (which will take a year) or consider and proceed with oath taking (3-5 months). I would appreciate your update. Thanks.

I am wondering under the new law is that possible if asked to appear for oath and on oath day it is realiazed that you are short of days, the judge on the occasion can deny you the Citizenship Oath?

Just wondering if that can be possibility or Oath invitation means CO decision is final.

Any one