Now what - what to do when 35 months are up

[mathlete]

So I applied for citizenship in 2011. I got RQ'ed in early 2012 and submitted the RQ within about a month of receiving it. I got a letter to take the test and wrote and passed it in June 2014.

Now 3 years are up and no one can tell me when I'm going to see the end of this process. No one has told me anything regarding my application, like if I'm being referred to CJ or not, whether or not I need a hearing absolutely nothing. Furthermore no timelines have been given. When I wrote my test it was call us if you don't hear from us within 3 months, then it was your 3 years are not up yet call us then and now they aren't even speculating on when this will be over.

I could go into detail about why I think my application was delayed, I was probably RQ'ed due to extensive business travel. The agent I interviewed with made some vague reference about how my application went to multiple different departments before winding up at St. Claire although he didn't explicitly say why that happened or if that resulted in any delays.

So my question is what recourse do I have? Should I simply withdraw the application and reapply in June under the "new system" with my tax returns? Do I get a lawyer? If so who do I get and how much is this going to cost?

Advice would be appreciated.

 

[CanV]

So I applied for citizenship in 2011. I got RQ'ed in early 2012 and submitted the RQ within about a month of receiving it. I got a letter to take the test and wrote and passed it in June 2014.

Now 3 years are up and no one can tell me when I'm going to see the end of this process. No one has told me anything regarding my application, like if I'm being referred to CJ or not, whether or not I need a hearing absolutely nothing. Furthermore no timelines have been given. When I wrote my test it was call us if you don't hear from us within 3 months, then it was your 3 years are not up yet call us then and now they aren't even speculating on when this will be over.

I could go into detail about why I think my application was delayed, I was probably RQ'ed due to extensive business travel. The agent I interviewed with made some vague reference about how my application went to multiple different departments before winding up at St. Claire although he didn't explicitly say why that happened or if that resulted in any delays.

So my question is what recourse do I have? Should I simply withdraw the application and reapply in June under the "new system" with my tax returns? Do I get a lawyer? If so who do I get and how much is this going to cost?

Advice would be appreciated.

You have already waited long. I wouldn't do anything but wait and check my ecas everyday if I were you.

 

[hoping_canadian]

So I applied for citizenship in 2011. I got RQ'ed in early 2012 and submitted the RQ within about a month of receiving it. I got a letter to take the test and wrote and passed it in June 2014.

Now 3 years are up and no one can tell me when I'm going to see the end of this process. No one has told me anything regarding my application, like if I'm being referred to CJ or not, whether or not I need a hearing absolutely nothing. Furthermore no timelines have been given. When I wrote my test it was call us if you don't hear from us within 3 months, then it was your 3 years are not up yet call us then and now they aren't even speculating on when this will be over.

I could go into detail about why I think my application was delayed, I was probably RQ'ed due to extensive business travel. The agent I interviewed with made some vague reference about how my application went to multiple different departments before winding up at St. Claire although he didn't explicitly say why that happened or if that resulted in any delays.

So my question is what recourse do I have? Should I simply withdraw the application and reapply in June under the "new system" with my tax returns? Do I get a lawyer? If so who do I get and how much is this going to cost?

Advice would be appreciated.

i advise you to wait for another month. I did my exam last June as well and I just got the oath invitation recently. It will take atleast 4-6 months before you will get your oath invitation. You waiting for so long, little wait wont hurt you.. goodluck

 

[BLT]

So I applied for citizenship in 2011. I got RQ'ed in early 2012 and submitted the RQ within about a month of receiving it. I got a letter to take the test and wrote and passed it in June 2014.

Now 3 years are up and no one can tell me when I'm going to see the end of this process. No one has told me anything regarding my application, like if I'm being referred to CJ or not, whether or not I need a hearing absolutely nothing. Furthermore no timelines have been given. When I wrote my test it was call us if you don't hear from us within 3 months, then it was your 3 years are not up yet call us then and now they aren't even speculating on when this will be over.

I could go into detail about why I think my application was delayed, I was probably RQ'ed due to extensive business travel. The agent I interviewed with made some vague reference about how my application went to multiple different departments before winding up at St. Claire although he didn't explicitly say why that happened or if that resulted in any delays.

So my question is what recourse do I have? Should I simply withdraw the application and reapply in June under the "new system" with my tax returns? Do I get a lawyer? If so who do I get and how much is this going to cost?

Advice would be appreciated.

IMO, don't keep calling them. Different agent who pick up your call will sing a different song for you. If your application is already longer than posted time of non-routine application, get a lawyer asap. But before you do that, call the call centre one last time, don't ask them anything, just tell them something, "Can you please let me know the on-going about my application and my oath date by this week, my email address is... and my phone number is..., because next week I have an appointment with a lawyer about this. I still can cancel it though. Thank you".
Withdraw and reapply is a bad decision, as they have to give you RQ on your next application, that can also make you wait another 35 months. Don't break a record of citizenship waiting of over 70 months.

 

[Moonkey]

By next month my 35 months are up too, so I called the call centre and asked them "I'll soon be reaching 35 months, what do I do"?
They told me to call them back after 35 months are up and tell them the time's up.
Then, apparently, they'll give a note to the officers saying that your file's been there for a while.
Now, that does not mean the officers will instantly pick your file up to make a final judgment about your application, it simply means they'll "try their best" to speed up your process.
And if you're unfortunate enough to get sent to a judge, you'll have to wait for a judge and who knows how long you'll be waiting for.
Really, I sincerely feel you as the waiting process is drying my blood.
This is a modern day torture.

 

[BLT]

By next month my 35 months are up too, so I called the call centre and asked them "I'll soon be reaching 35 months, what do I do"?
They told me to call them back after 35 months are up and tell them the time's up.
Then, apparently, they'll give a note to the officers saying that your file's been there for a while.
Now, that does not mean the officers will instantly pick your file up to make a final judgment about your application, it simply means they'll "try their best" to speed up your process.
And if you're unfortunate enough to get sent to a judge, you'll have to wait for a judge and who knows how long you'll be waiting for.
Really, I sincerely feel you as the waiting process is drying my blood.
This is a modern day torture.

It's more a bully. Get a lawyer, and don't keep calling the call centre. They are using their imagination to answer your questions. I can do that too.

 

[Donvalley]

Just a suggestion, but not sure. What about getting ATIP electronic files? may be this will give you a clue where the file stuck at!

 

[Moonkey]

Just a suggestion, but not sure. What about getting ATIP electronic files? may be this will give you a clue where the file stuck at!

I just requested ATIP right now.
And well, from what I heard from the call centre, I know that the officers haven't even looked at my file yet.

 

[eileenf]

Did you get a pre-test Rq or post-test?

Order your physical ATIP files as well. It's free if you order them under the Privacy Act.

Contact your MP. Ask that they enquire about the status of your application. They can find out if you are in line for a citizenship judge (this is one of the really specific things an MP can do for you).

Depending on what you find out and how much disposable income you have, you can start laying the groundwork for a mandamus suit yourself (get ATIPs, fax demands for resolution of your file to CIC office monthly, get your MP to enquire and then demand action on your file, etc.) or you can have a lawyer do it for you.

Note that often laying the groundwork for a mandamus suit is enough to get the CIC moving on a file (for 36 month plus processing times).

Good luck.

 

[Moonkey]

Did you get a pre-test Rq or post-test?

Order your physical ATIP files as well. It's free if you order them under the Privacy Act.

Contact your MP. Ask that they enquire about the status of your application. They can find out if you are in line for a citizenship judge (this is one of the really specific things an MP can do for you).

Depending on what you find out and how much disposable income you have, you can start laying the groundwork for a mandamus suit yourself (get ATIPs, fax demands for resolution of your file to CIC office monthly, get your MP to enquire and then demand action on your file, etc.) or you can have a lawyer do it for you.

Note that often laying the groundwork for a mandamus suit is enough to get the CIC moving on a file (for 36 month plus processing times).

Good luck.

I got a post-test RQ.
I ordered a digital copy of ATIP but I guess I can print it out? or print it to pdf?
I don't know how it works but I'm sure I can make it a physical copy.
I got an appointment with my MP too.
I'm hoping this will end soon before I pass the 36 months processing time but I have a feeling this might become a long battle.
Thanks for the help everyone.

 

[eileenf]

I ordered a digital copy of ATIP but I guess I can print it out? or print it to pdf?

You can order GCMS notes (these are print outs of the CIC's internal computer files related to your application) and you can also order a copy of your physical files (these are copies of the actual sheets of paper that CIC has in a physical file related to your application). You will find different information in each, so it's good to have both, especially for files that have lurked around and been shuffled from office to office.

 

[ronin21]

Your next step is most probably hearing, as you explained on the other post you are short of 1095 days residency days and handed a form after your test. The real problem is not hearing, is the fact that CIC took almost 2.5 years to figure this out without even touching the application until your test in 2014.

 

[janoo]

My humble opinion:-

If you are sure and you have significant proof that you have applied after present
in Canada for 1095 ? than you have various choices if you reach 3 years processing
time.

a) contact Mp and ask them to follow up.
b) contact CIC and ask them to follow up.
c) Get new Atip report asap.
d) Once you do all a, b, c and you will not get a reply in 30-45 days than you may
look for good lawyer in Down town Toronto. ( one good lawyer at Englington and Young
corner ) but charges are too high.. around 3.5 - 5.0 K.

Withdrawing and re apply will give you another wait for 35 month.

 

[BLT]

IMO,
- MP can't help.
- Instead of keep calling CIC, you better go to pray in the temple or church, the outcome is the same : uncertainty. At least praying is good for your soul.
- ATIP or whatever, won't help. When it's stuck, it's stuck. No matter where it stuck.
- If you NEVER CHEAT about your application, get a lawyer asap.

 

[walelo]

My file stuck in Calgary office since 2011 too any advice guys !!!!