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Re: 45 days time period to Submit RQ
- Thread starter Lashari72
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45 days including hoilday
Lashari72 said:Hi,
When CIC says 45 days to submit RQ from certain date, does it mean 45 Business days or 45 days from the date letter was issued by CIC, including weekends and stat holidays? Can anyone confirm please.
Thanks
1. Operational Bulletin (OB 476) released November 16, 2012 refers to 45 business days.
2. OB 476 B released August 7, 2013 which amended OB 476 incorrectly references the 45 days above as 'Calendar days' which was what CIC historically stated in their RQ form.
The Citizenship Act and Regulations make no reference to RQ response time.
However as per recent multiple ATIP releases and updated operational policy its 45 Business Days i.e. to many CIC were deliberately being obtuse. Search for poster eileenf on this forum and on her signature line is a link to her RQ resource website that will help you through this process.
2. OB 476 B released August 7, 2013 which amended OB 476 incorrectly references the 45 days above as 'Calendar days' which was what CIC historically stated in their RQ form.
The Citizenship Act and Regulations make no reference to RQ response time.
However as per recent multiple ATIP releases and updated operational policy its 45 Business Days i.e. to many CIC were deliberately being obtuse. Search for poster eileenf on this forum and on her signature line is a link to her RQ resource website that will help you through this process.
Eileen here. I would personally recommend going with 45 calendar days because this is what the OB476B says as well as the cover letter. Msafiri, I wasn't able to find the RQ deadline in the updated CP4 policy manual, so please let me know if I'm overlooking it!
I believe that the RQ form itself still states 45 business days (recent recipients: please correct me if I'm wrong!), but my understanding is that OB 476B is the governing document and reflects the official policy.
Just make sure to send something in by 45 calendar days and include a letter listing the documents that will follow later. It's impossible to get all official documents (especially the OHIP PCH or official records of movement) within 45 calendar days. The important thing is to send some response to CIC so they can't claim that you failed to respond to RQ and close your file.
I got my RQ right after the issuance of OB 476, and 45 days would have made my deadline December 26th, so I sent a letter entitled "Intent to Reply with 45 business days in accordance with OB476". While OB476 is no longer valid, I recommend that if you can't send any documents at all by the 45 day deadline, you could send an "Intent to Reply within 45 business days in accordance with instructions on CIT 0171 (09-2012)" (though please verify that there haven't been any secret updates on this document first!).
As Msafiri says, it's egregious that the CIC is still confused about something so basic as the deadline for the RQ. As it is almost 2 years after OB 407, the CIC has had ample time to resolve this. One can only assume that they don't want to resolve it.
That speaks to a lack of respect for the applicants and the citizenship process. This translates to a lack of respect for citizenship. When someone cares about something, they don't leave a typo about such an important element for 2 years straight. Imagine if John A. Macdonald's name was spelled Jhon B McDonlad on the $10 bill. Would the Mint just kept printing it that way for years? Would they say "Oh whatever, it's not that important."
I don't think so.
I believe that the RQ form itself still states 45 business days (recent recipients: please correct me if I'm wrong!), but my understanding is that OB 476B is the governing document and reflects the official policy.
Just make sure to send something in by 45 calendar days and include a letter listing the documents that will follow later. It's impossible to get all official documents (especially the OHIP PCH or official records of movement) within 45 calendar days. The important thing is to send some response to CIC so they can't claim that you failed to respond to RQ and close your file.
I got my RQ right after the issuance of OB 476, and 45 days would have made my deadline December 26th, so I sent a letter entitled "Intent to Reply with 45 business days in accordance with OB476". While OB476 is no longer valid, I recommend that if you can't send any documents at all by the 45 day deadline, you could send an "Intent to Reply within 45 business days in accordance with instructions on CIT 0171 (09-2012)" (though please verify that there haven't been any secret updates on this document first!).
As Msafiri says, it's egregious that the CIC is still confused about something so basic as the deadline for the RQ. As it is almost 2 years after OB 407, the CIC has had ample time to resolve this. One can only assume that they don't want to resolve it.
That speaks to a lack of respect for the applicants and the citizenship process. This translates to a lack of respect for citizenship. When someone cares about something, they don't leave a typo about such an important element for 2 years straight. Imagine if John A. Macdonald's name was spelled Jhon B McDonlad on the $10 bill. Would the Mint just kept printing it that way for years? Would they say "Oh whatever, it's not that important."
I don't think so.
Be sure to get the agent's name and 4-digit agent number, especially if they affirm 45 business days. This is one of those things where the CIC presents a lot of contradictory information. I personally heard 3 different stories from 3 different call agents about this. In addition to the disagreement between the cover letter and CIT 0171 (09-2012) RQ form, and the disagreement between OB476 and OB 476B.dreamliner said:Or, contact CIC.
The most recent version of the RQ form CIT-0171-10-2013 refers to 45 Business Days. Its the RQ version requiring documentation/information relative to only the 4 year qualifying period. This RQ appears to have been issued on a very short term basis at the end of 2013 and appears to have been pulled back.
RQd applicants are now again being issued the prior version CIT-0171-09-2013 which refers to 45 Calendar days. It requires documentation/ information relative to a 'first arrival date' which may be prior to the 4 year qualifying window. This is a more demanding RQ.
My interpretation is that the 09-2013 version is back because it enables a review of the case based on the 3 residency 'tests' 2 of which are where the applicant does not have 1095 days of actual physical presence. This is in keeping with the current Citizenship Act which does not refer to residence as physical presence. It would be quite right for example for an applicant denied Citizenship based on the 10-2013 version to appeal and win at the Federal Court on the basis that CIC did not cover documentation pertaining to residence pre the 4 year qualifying period because that period must be considered in determining when residence was first established - this would be primarily for decisions on the KOO aka centralized mode residence test.
I expect the 10-2013 version or revised future date to return to circulation once the new Citizenship bill requiring 1095 days of APP is made into law...given the importance the Feds have on this expect a Canada Day type target royal assent date!
OB 476 formally and actually states the 45 Business Days. OB476 b incorrectly and casually mentions 45 calendar days in reference to the earlier OB in passing so one could argue as to the correct legal interpretation being that in OB476. To avoid a semantics issue the RQd applicant is best to go with the days listed in their RQ version to cover themselves...one can always ask for more time to submit additional data subject to CIC getting a response by the stated timeline. No response they will just close your file.
RQd applicants are now again being issued the prior version CIT-0171-09-2013 which refers to 45 Calendar days. It requires documentation/ information relative to a 'first arrival date' which may be prior to the 4 year qualifying window. This is a more demanding RQ.
My interpretation is that the 09-2013 version is back because it enables a review of the case based on the 3 residency 'tests' 2 of which are where the applicant does not have 1095 days of actual physical presence. This is in keeping with the current Citizenship Act which does not refer to residence as physical presence. It would be quite right for example for an applicant denied Citizenship based on the 10-2013 version to appeal and win at the Federal Court on the basis that CIC did not cover documentation pertaining to residence pre the 4 year qualifying period because that period must be considered in determining when residence was first established - this would be primarily for decisions on the KOO aka centralized mode residence test.
I expect the 10-2013 version or revised future date to return to circulation once the new Citizenship bill requiring 1095 days of APP is made into law...given the importance the Feds have on this expect a Canada Day type target royal assent date!
OB 476 formally and actually states the 45 Business Days. OB476 b incorrectly and casually mentions 45 calendar days in reference to the earlier OB in passing so one could argue as to the correct legal interpretation being that in OB476. To avoid a semantics issue the RQd applicant is best to go with the days listed in their RQ version to cover themselves...one can always ask for more time to submit additional data subject to CIC getting a response by the stated timeline. No response they will just close your file.
I agree with your assessment regarding the Koo test (though the new Citizenship Act will specify 1460 days of Actual Physical Presence), but the new RQ (CIT 0171 10-2013) specifies 45 calendar days.Msafiri said:The most recent version of the RQ form CIT-0171-10-2013 refers to 45 Business Days.
http://residencequestionnaire.wordpress.com/cic-documents/cit-0171-10-2013/
@Eileenf, i got this same RQ this week 3 months after passing the test, so my question is, do i submit documents for the relevant period stated or otherwise?eileenf said:I agree with your assessment regarding the Koo test (though the new Citizenship Act will specify 1460 days of Actual Physical Presence), but the new RQ actually specifies 45 calendar days.
http://residencequestionnaire.wordpress.com/cic-documents/cit-0171-10-2013/
Wow, so you got CIT 0171 (10-2013) this week? I had thought it wasn't being used anymore, but it looks like I'm wrong!St Clair said:@ Eileenf, i got this same RQ this week 3 months after passing the test, so my question is, do i submit documents for the relevant period stated or otherwise?
Regardless, sorry to hear you got RQ. I know it's a shock. Good luck getting your documents together and hopefully it resolves any questions sooner rather than later.
Follow the instructions on your RQ. So, yes, submit for the relevant period.
The only exception to this is if you have less than 1095 days of physical presence. If so, it may be helpful for you to submit documentation showing your physical presence in Canada before and/or after the relevant period. Good luck.
eileenf said:Wow, so you got CIT 0171 (10-2013) this week? I had thought it wasn't being used anymore, but it looks like I'm wrong!
Regardless, sorry to hear you got RQ. I know it's a shock. Good luck getting your documents together and hopefully it resolves any questions sooner rather than later.
Follow the instructions on your RQ. So, yes, submit for the relevant period.
The only exception to this is if you have less than 1095 days of physical presence. If so, it may be helpful for you to submit documentation showing your physical presence in Canada before and/or after the relevant period. Good luck.
I got the same form at the same time. Can confirm it says "45 calendar days" with no ambiguity.
Quick question - I'm just slightly over 1095 days at the time I applied, but I was in Canada after that. Would submitting documentation to show that help? If so, what docs can it be? Also, my child was born in Canada soon after the application - I'm thinking about submitting birth certificate as well. Is it a good idea?
This is very strange...
My spouse got a pre-test RQ 3 weeks ago, and the cover letter says "45 days" (no "calendar", no "business", just "days").
The RQ form itself says "45 business days".
It looks like all kinds of different versions circulate at the same time...
My spouse got a pre-test RQ 3 weeks ago, and the cover letter says "45 days" (no "calendar", no "business", just "days").
The RQ form itself says "45 business days".
It looks like all kinds of different versions circulate at the same time...
Hi toronto_dun, can you please positively confirm that you got CIT 0171 (10-2013) this week? Did you get it from Sydney or at or after the test?toronto_dun said:I got the same form at the same time.
Keeping in mind that the first rule of RQ istoronto_dun said:Quick question - I'm just slightly over 1095 days at the time I applied, but I was in Canada after that. Would submitting documentation to show that help? If so, what docs can it be? Also, my child was born in Canada soon after the application - I'm thinking about submitting birth certificate as well. Is it a good idea?
1. Tell the truth*,
the second rule is
2. Include documents that might help you (by showing a centralized mode of living in Canada, continuing ties outside of 4 year window, etc)
and the third
3. If CIC does not ask for a document, and you think it might hurt your case, don't include it.
*The caveat to this rule is if you came to Canada as a refugee and returned to your home country at any point, for any reason or any duration If you did, you absolutely need to consult with a refugee lawyer before returning RQ, or ideally, before submitting a citizenship application that shows that travel.
eileenf said:Hi toronto_dun, can you please positively confirm that you got CIT 0171 (10-2013) this week? Did you get it from Sydney or at or after the test?Keeping in mind that the first rule of RQ is
1. Tell the truth*,
the second rule is
2. Include documents that might help you (by showing a centralized mode of living in Canada, continuing ties outside of 4 year window, etc)
and the third
3. If CIC does not ask for a document, and you think it might hurt your case, don't include it.
*The caveat to this rule is if you came to Canada as a refugee and returned to your home country at any point, for any reason or any duration If you did, you absolutely need to consult with a refugee lawyer before returning RQ, or ideally, before submitting a citizenship application that shows that travel.
Yes, confirming that I received this exact form this week, 3 months after passing the test.
I am not sure on your 3 points - are you suggesting that having a child in Canada can be working against my case? I hoped it was positive - more ties to the country.
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