INTERVIEW WITH CITIZENSHIP JUDGE - URGENT

[reza85]

I have got resident status in 2006 and applied for citizenship in 2010. While coming back to Canada in 2011 from overseas visit, visa officer has put residency obligation case against me. I appealed to IAD; however, due to some family issues I could not manage to travel back to Canada and my appeal was dismissed.

Now I received a letter from CIC to appear for interview with citizenship judge. Can anyone advise, what is the legal position in this situation.

 

[lilua]

I have got resident status in 2006 and applied for citizenship in 2010. While coming back to Canada in 2011 from overseas visit, visa officer has put residency obligation case against me. I appealed to IAD; however, due to some family issues I could not manage to travel back to Canada and my appeal was dismissed.

Now I received a letter from CIC to appear for interview with citizenship judge. Can anyone advise, what is the legal position in this situation.

Could you complete 1095 days of residency during the last 4 years period when you applied for citizenship.

 

[reza85]

Yes... I have completed the required 1095 days residency before 4 years when I applied for Citizenship.

 

[lilua]

Yes... I have completed the required 1095 days residency before 4 years when I applied for Citizenship.

Then you should have to accumulate the evidences and documents to prove that you have full-filled the basic requirement of being a citizen of Canada through immigration process.

 

[Msafiri]

I have got resident status in 2006 and applied for citizenship in 2010. While coming back to Canada in 2011 from overseas visit, visa officer has put residency obligation case against me. I appealed to IAD; however, due to some family issues I could not manage to travel back to Canada and my appeal was dismissed.

Now I received a letter from CIC to appear for interview with citizenship judge. Can anyone advise, what is the legal position in this situation.

The issue of your PR was discussed as per thread below in some detail. A pre-requisite of Citizenship is that you are a PR. You are not a PR post the residency appeal being dismissed. I'm surprised you got sent to the Citizenship Judge (CJ) - it appears its an admin error. CIC will appeal the decision by the CJ if its a grant of citizenship. How will you enter Canada to attend the CJ hearing is another challenge. Assuming you somehow get to oath and CIC don't appeal in error then CIC via the courts can revoke citizenship attained incorrectly at any time.

http://www.canadavisa.com/canada-immigration-discussion-board/residency-obligation-appeal-t169054.15.html

 

[reza85]

Thanks Msafiri for your input...
There is an error in the decision when my appeal of residency obligation was dismissed, quite a significant time period was not considered towards residency because on my passport there was no entry stamp from port of entry to Canada. Moreover, the citizenship application was submitted in year 2010;while residency appeal was made in year 2011...

Please advice in this situation... what is legal and how to proceed. Of course, I can not enter as I do not have PR card. Can any lawyer represent me in the court, as I do want to highlight the error made in my residency obligation appeal. I am looking forward your URGENT feedback.

 

[eileenf]

Thanks Msafiri for your input...
There is an error in the decision when my appeal of residency obligation was dismissed, quite a significant time period was not considered towards residency because on my passport there was no entry stamp from port of entry to Canada. Moreover, the citizenship application was submitted in year 2010;while residency appeal was made in year 2011...

Please advice in this situation... what is legal and how to proceed. Of course, I can not enter as I do not have PR card. Can any lawyer represent me in the court, as I do want to highlight the error made in my residency obligation appeal. I am looking forward your URGENT feedback.

Reza, your interview with the citizenship judge is not a forum to retry/appeal or highlight any errors made in the revocation of your PR status. The CJ has no jurisdiction over that. Citizenship judges can only review citizenship cases.

Regardless of the date of ones application for citizenship, one needs to maintain PR status until the date of the citizenship oath. If PR is lost even the week before the date of the oath, the applicant will not be eligible to become a citizen.

 

[reza85]

Thanks eileenf for the info...
Now I have received the letter for interview with CJ. I am also outside of Canada... In fact, I have re-applied recently for Canadian Immigration again after my appeal was dismissed and suddenly this letter arrive for interview with CJ came.

Do I call CIC and let them know all about my case... Does it impact on my new application for skilled worker class/trade class immigration... I would appreciate your early reply.

 

[reza85]

Can anyone reply to the above question. Appreciate your reply.

 

[PMM]

Hi

Thanks eileenf for the info...
Now I have received the letter for interview with CJ. I am also outside of Canada... In fact, I have re-applied recently for Canadian Immigration again after my appeal was dismissed and suddenly this letter arrive for interview with CJ came.

Do I call CIC and let them know all about my case... Does it impact on my new application for skilled worker class/trade class immigration... I would appreciate your early reply.

1. As your appeal of the loss of your PR status, was lost, you are not longer a PR, so are not eligible for citizenship.
2. Inform CIC.
3. Has no impact on a new PR application.

 

[Msafiri]

Thanks Msafiri for your input...
There is an error in the decision when my appeal of residency obligation was dismissed, quite a significant time period was not considered towards residency because on my passport there was no entry stamp from port of entry to Canada. Moreover, the citizenship application was submitted in year 2010;while residency appeal was made in year 2011...

Please advice in this situation... what is legal and how to proceed. Of course, I can not enter as I do not have PR card. Can any lawyer represent me in the court, as I do want to highlight the error made in my residency obligation appeal. I am looking forward your URGENT feedback.

Once the appeal was lost at the IAD and leave to appeal to the FC was dismissed your PR status was lost. The only option would be to go back to the FC to re-open but on what grounds would you do this...you already had legal representation all along will you complain as to their incompetence? Are you willing to fight them too if they go after you for defamation/slander/libel? As per the previous thread forget about the lost PR and re-start as you have.

The CJ letter appears to be an admin oversight since you are no longer a PR. Either notify CIC of the PR loss or don't show up for the hearing and your file will be closed as per new operational policy for no shows. Your prior PR status and its loss should have no bearing on the new application.

 

[reza85]

Thanks Masifiri...for the response...
Just want to share some more information with you and seeking your advice...
In fact, during PR appeal proceedings, because of one missing entry stamp at passport, the IAD did not consider straight 14 months stay in Canada. Though copy of salary slips, utility bills, lease agreements was submitted during that period... This happened because of poor presnetation from my councelor....

If I will go to re-open with FC, how much time it can take.... and what would be the consequances, as I am definetly looking forward to have Canadian Immigration and Citizenship. And that is why soon my leave to appeal was dismissed, I have submitted another application for Canadian Immigration... I do not want to blame anyone and nor I want to lie... As such, I am looking forward to have your response on the following questions:

1. If I will go to RE-OPEN the case with FC... how much time it will take and in the situation if I lost again does it impact my new application for immigration.

2. If I will not go to re-open the case and call CIC regarding my situation that my PR is lost or did not show up to CJ, does it impact anyway to my new immigration application in these 2 situations (call CIC or not show up with CJ).

I will really appreciate you early response...

 

[dodan]

I was concerned after reading this thread... My family and I commute to USA regularly with mostly same-day return. I got a stamp from Oct 2012 in USA as entering and then returned after 2 hours. However, then there was no further stamping from any other countries. Neither Canada nor US. Does it mean that my PR status may be denied in future.. showing that I was out of the country since Oct 2012? Please advise.

I do have lease, visited doctors, my children go to school, bank transactions etc and still living in Canada.

Please advise. - Thanks

 

[Msafiri]

.......
If I will go to re-open with FC, how much time it can take.... and what would be the consequances, as I am definetly looking forward to have Canadian Immigration and Citizenship. And that is why soon my leave to appeal was dismissed, I have submitted another application for Canadian Immigration... I do not want to blame anyone and nor I want to lie... As such, I am looking forward to have your response on the following questions:

1. If I will go to RE-OPEN the case with FC... how much time it will take and in the situation if I lost again does it impact my new application for immigration.

2. If I will not go to re-open the case and call CIC regarding my situation that my PR is lost or did not show up to CJ, does it impact anyway to my new immigration application in these 2 situations (call CIC or not show up with CJ).

I will really appreciate you early response...

1. 3-6 months to consider re-opening then likely another 12 months to list a re-hearing but why bother? The lawyers you hired will defend themselves so unless you want to fight them too live with the decision. You said in your PR thread that they advised you not to attend the hearing. In this thread you say you had some family issues preventing your attendance....I'm trying to say there are holes in your appeal at the very basic level so the FC will review any re-open motion with a fine tooth comb and tear apart inconsistencies which they will find. The lawyer you used can and may air any dirty laundry which may have impacts on your immigration going forward. As hard as it is accept the appeal loss forget your prior PR and focus on the current process.

2. No impact.

 

[dodan]

hope I did not hijack this thread or put a wrong question. I thought my concern came due to looking at this thread. So can someone please help clarify my question... appreciated.

I was concerned after reading this thread... My family and I commute to USA regularly with mostly same-day return. I got a stamp from October 2012 in USA as entering and then returned after 2 hours. However, then there was no further stamping from any other countries. Neither Canada nor US. Does it mean that my PR status may be denied in future.. showing that I was out of the country since Oct 2012? Please advise.

I do have lease, visited doctors, my children go to school, bank transactions etc and still living in Canada.

Please advise. - Thanks