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Informed by CIC that the local office is reviewing my explanation to reschedule the oath ceremony da

tyatca

Star Member
Oct 12, 2012
84
1
Guys,

I am a little bit worried after calling CIC to check my citizenship application status today so seek your opinions. I am the April 2018 applicant and received the oath invitation on May 14, but unfortunately I have an important business trip during that time and then I request to reschedule the date, and since then no news from them. Today I have a call to CIC and they told me they are reviewing the eligibility of my explanations. This makes me very worried. Is it possible they will reject my application? I attach the confirmed flight info in the email to them but I can't attach the business agenda due to company's policy.

Any comments are greatly appreciated.
 

xylene

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Guys,

I am a little bit worried after calling CIC to check my citizenship application status today so seek your opinions. I am the April 2018 applicant and received the oath invitation on May 14, but unfortunately I have an important business trip during that time and then I request to reschedule the date, and since then no news from them. Today I have a call to CIC and they told me they are reviewing the eligibility of my explanations. This makes me very worried. Is it possible they will reject my application? I attach the confirmed flight info in the email to them but I can't attach the business agenda due to company's policy.

Any comments are greatly appreciated.
Don't worry too much. The agent would be giving standard answers to queries. They would reschedule it to a later date.
 

tyatca

Star Member
Oct 12, 2012
84
1
Don't worry too much. The agent would be giving standard answers to queries. They would reschedule it to a later date.
Thank you. I read the threads from the forum and ppl say the reschedule sometimes take more than one year. So disappointed.
 

hanuz06

Star Member
Oct 2, 2018
119
10
Don't worry. By rule, if you missed the 1st ceremony and you didn't contact them they will automatically reschedule for the next date. But if you miss the 2nd time without providing good explanation your application may be rejected. As for timing I think it varies greatly. But I would try to call them from time to time so this may help speed up the process.
 

dpenabill

VIP Member
Apr 2, 2010
6,436
3,183
Don't worry. By rule, if you missed the 1st ceremony and you didn't contact them they will automatically reschedule for the next date. But if you miss the 2nd time without providing good explanation your application may be rejected. As for timing I think it varies greatly. But I would try to call them from time to time so this may help speed up the process.
You may have overlooked the stage of this query . . . the OP already has an explanation being reviewed:

Today I have a call to CIC and they told me they are reviewing the eligibility of my explanations.

Some further observations:

For the OP, @tyatca, the overriding Program Delivery Instruction about what could happen can be seen here
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/general-file-processing/procedure-abandonment.html

Unfortunately the PDI is more complicated than it should be (and I cannot much figure out how to apply it to your situation) . . . it appears intended to cover a broad range of no-shows or no-responses, and in particular appears to be more strict than some actual policies or practices. That said, it is NOT easy to keep up with what the precise policy or practice is in regards to some particular steps in the process. For example, last I was aware, the PRACTICE in regards to a failure to appear for a test/interview event was to automatically reschedule it. This PDI suggests otherwise. I do not know the actual current policy or practice.

Moreover, IRCC does not make it easy to find some of the applicable policies or practices. In the past there was a PDI or Operational Bulletin (my vague recall is it was the latter, but I can no longer find it to confirm what it was) which at least somewhat described what constituted an "acceptable explanation," and explicitly stated that the failure to appear due to being abroad for an extended period of time WAS NOT AN ACCEPTABLE EXPLANATION. I do NOT KNOW if there is still such a policy or practice, or even if there is one, how that is interpreted and applied. To the extent that was the policy, my vague recall is that it applied to no-shows for the ceremony rather than other events. But without being able to revisit it, I do not recall its details with any degree of confidence. (I may have a copy on a hard drive somewhere in the labyrinth of data stored on my network, but I could not put my cursor on it this morning.)

I believe they are fairly liberal or even lenient in evaluating the reasonableness, the acceptability, of proffered explanations . . . and especially so when the applicant contacted IRCC about rescheduling the event BEFORE it, rather than after having missed it.

IN THE PAST (again, I am fuzzy on current policies and practices) CIC/IRCC was more strict in regards to missing a scheduled citizenship ceremony than other events.

I wish I could be more helpful. I can offer this: generally it appears that IRCC is fairly liberal if not lenient so long as the applicant is qualified and remains actively engaged in pursuing the application for citizenship . . . there is a clear preference to determine the outcome of the application based on its substantive merits and NOT on procedural technicalities. So there probably is no reason to worry much . . . that "probably," however, is based on my sense of how these things go more than what the policy or practice actually is, since, again, I am NOT sure what the current policy or practice is.


Further response to this post:

By rule, if you missed the 1st ceremony and you didn't contact them they will automatically reschedule for the next date.
I am aware that many participants here do not make fine distinctions based on precise terms. My guess is that by "rule" you are referring to either policy or practice.

The actual rule is otherwise. The rule is specified by statute, by Section 13.2 in the Citizenship Act, which is quoted in full in the PDI I linked above. In pertinent part, which is Section 13.2(1)(b) to be precise, it states:
"The Minister may treat an application as abandoned . . . in the case of an applicant who must take the oath of citizenship to become a citizen, if the applicant fails, without reasonable excuse, to appear and take the oath at the time and at the place—or at the time and by the means—specified in an invitation from the Minister."​

What matters, however, is the current IRCC policy and practice, the way in which it actually applies this "rule."

As I noted above, I do not have a clear view or understanding of the CURRENT actual policy and practice. It is my impression that as regards the failure to show for a test/interview, what you describe is the practice . . . BUT to be clear, I am not sure of this. It has long been the practice to automatically reschedule no-shows for a FIRST scheduled test. IT HAS BEEN OTHERWISE for oath ceremony no-shows.

In any event, the OP is past that stage, and apparently at the stage where the explanation for a no-show (or request for rescheduling . . . this is not clear from the OP's posts) is being reviewed to determine if it is acceptable.
 

hanuz06

Star Member
Oct 2, 2018
119
10
You may have overlooked the stage of this query . . . the OP already has an explanation being reviewed:




Some further observations:

For the OP, @tyatca, the overriding Program Delivery Instruction about what could happen can be seen here
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/general-file-processing/procedure-abandonment.html

Unfortunately the PDI is more complicated than it should be (and I cannot much figure out how to apply it to your situation) . . . it appears intended to cover a broad range of no-shows or no-responses, and in particular appears to be more strict than some actual policies or practices. That said, it is NOT easy to keep up with what the precise policy or practice is in regards to some particular steps in the process. For example, last I was aware, the PRACTICE in regards to a failure to appear for a test/interview event was to automatically reschedule it. This PDI suggests otherwise. I do not know the actual current policy or practice.

Moreover, IRCC does not make it easy to find some of the applicable policies or practices. In the past there was a PDI or Operational Bulletin (my vague recall is it was the latter, but I can no longer find it to confirm what it was) which at least somewhat described what constituted an "acceptable explanation," and explicitly stated that the failure to appear due to being abroad for an extended period of time WAS NOT AN ACCEPTABLE EXPLANATION. I do NOT KNOW if there is still such a policy or practice, or even if there is one, how that is interpreted and applied. To the extent that was the policy, my vague recall is that it applied to no-shows for the ceremony rather than other events. But without being able to revisit it, I do not recall its details with any degree of confidence. (I may have a copy on a hard drive somewhere in the labyrinth of data stored on my network, but I could not put my cursor on it this morning.)

I believe they are fairly liberal or even lenient in evaluating the reasonableness, the acceptability, of proffered explanations . . . and especially so when the applicant contacted IRCC about rescheduling the event BEFORE it, rather than after having missed it.

IN THE PAST (again, I am fuzzy on current policies and practices) CIC/IRCC was more strict in regards to missing a scheduled citizenship ceremony than other events.

I wish I could be more helpful. I can offer this: generally it appears that IRCC is fairly liberal if not lenient so long as the applicant is qualified and remains actively engaged in pursuing the application for citizenship . . . there is a clear preference to determine the outcome of the application based on its substantive merits and NOT on procedural technicalities. So there probably is no reason to worry much . . . that "probably," however, is based on my sense of how these things go more than what the policy or practice actually is, since, again, I am NOT sure what the current policy or practice is.


Further response to this post:



I am aware that many participants here do not make fine distinctions based on precise terms. My guess is that by "rule" you are referring to either policy or practice.

The actual rule is otherwise. The rule is specified by statute, by Section 13.2 in the Citizenship Act, which is quoted in full in the PDI I linked above. In pertinent part, which is Section 13.2(1)(b) to be precise, it states:
"The Minister may treat an application as abandoned . . . in the case of an applicant who must take the oath of citizenship to become a citizen, if the applicant fails, without reasonable excuse, to appear and take the oath at the time and at the place—or at the time and by the means—specified in an invitation from the Minister."​

What matters, however, is the current IRCC policy and practice, the way in which it actually applies this "rule."

As I noted above, I do not have a clear view or understanding of the CURRENT actual policy and practice. It is my impression that as regards the failure to show for a test/interview, what you describe is the practice . . . BUT to be clear, I am not sure of this. It has long been the practice to automatically reschedule no-shows for a FIRST scheduled test. IT HAS BEEN OTHERWISE for oath ceremony no-shows.

In any event, the OP is past that stage, and apparently at the stage where the explanation for a no-show (or request for rescheduling . . . this is not clear from the OP's posts) is being reviewed to determine if it is acceptable.
I wrote based on this: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=910&top=5
 

FloydCan

Star Member
Nov 17, 2017
192
86
Seriously, it will come down to the compassion of the deciding officer. A business trip might not be a good enough reason to reschedule.

Here is an extract from a federal court of appeal case about this topic which should serve as caution to those who take rescheduling their oath as something casual. The person in question was doing his exams abroad.

The Citizenship Judge decided that the applicant’s explanation for failing to attend to take his Oath did not constitute a good and sufficient cause. As a result, the application was then considered abandoned. After repeated requests about the status of the applicant’s citizenship application, Counsel for the applicant was advised by letter dated February 24, 2014, from an unnamed Citizenship Official, that the file had been closed.
PS. these cases are rare and the appeal was accepted, I don't believe it will happen in your case, nevertheless just make sure you attend the next time.
 
Last edited:

tyatca

Star Member
Oct 12, 2012
84
1
Seriously, it will come down to the compassion of the deciding officer. A business trip might not be a good enough reason to reschedule.

Here is an extract from a federal court of appeal case about this topic which should serve as caution to those who take rescheduling their oath as something casual. The person in question was doing his exams abroad.



PS. these cases are rare and the appeal was accepted, I don't believe it will happen in your case, nevertheless just make sure you attend the next time.
My business trip was scheduled at the beginning of the year and I had a keynote to a wide audience. So it's really impossible to cancel it. I explain the situation in my email but due to the information security policy I couldn't attach the conference schedule in my email to the officer. Hopefully I won't get rejection due to this.
 

imatwkrp

Star Member
Jun 16, 2010
76
2
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My business trip was scheduled at the beginning of the year and I had a keynote to a wide audience. So it's really impossible to cancel it. I explain the situation in my email but due to the information security policy I couldn't attach the conference schedule in my email to the officer. Hopefully I won't get rejection due to this.
My situation was the same, including a prominent keynote at a major university and an invitation at a level I have never had before, very important to my career, so I could not cancel it. I sent the requisite paper letter in advance and there is no discernible acknowledgement that the letter was received anywhere, let alone a new oath date. I'm in the biggest city in Canada so I didn't think it would be rare for new oath dates to be scheduled in the GTA. I hope and pray that the silence of the intervening two months is merely backlog on CIC's part and nothing more.
 

Olivio232

Full Member
Jul 28, 2019
40
3
My situation was the same, including a prominent keynote at a major university and an invitation at a level I have never had before, very important to my career, so I could not cancel it. I sent the requisite paper letter in advance and there is no discernible acknowledgement that the letter was received anywhere, let alone a new oath date. I'm in the biggest city in Canada so I didn't think it would be rare for new oath dates to be scheduled in the GTA. I hope and pray that the silence of the intervening two months is merely backlog on CIC's part and nothing more.
Hey, how long did it take them to reschedule you?
 

marieinmexico

Full Member
Mar 8, 2017
23
0
I have a similar situation. I received an April 17 oath ceremony date, but I will be working out of the country through the end of July. Is this a reasonable excuse for requesting a rescheduling? Should I submit my evidence of employment at the same time, with official translations, etc. (this will add another 7-14 days to the reply time)? Any advice is appreciated. thanks