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Re-open a closed citizenship grant application

Ronaldo Da Lima 89

Star Member
Aug 2, 2014
128
1
Hi all,

I have a friend who wants to re-apply for Canadian citizenship grant. Now he has an issue with CIC.

in 2010 he applied for citizenship and while his application was being processed, he left Canada in March 2011 and went back for his native country.

CIC sent him two letters during 2011 to write the test, but he could not come to Canada due to personal problems over there.

After he came back to Canada last January, he wanted to apply again for his citizenship grant.

He called CIC and they told him his application is closed now and he should re-apply.

When he did the residence calculation, it shows him that he is eligible to apply in July 2016 (current law - 3 out of 4 years). And as you know by that time the bill C-24 will be implemented, so he has to wait anothrer year because it would be 4 out of 6 years.

He called CIC again and told them about his issue, they told him you could apply now and maybe a judge will decide to open your old file because he has been in Canada since 2006.


What do you advise him ? to apply now and take the risk of a new application and pay all the fees again and he also must take the language test! and to wait to see if a judge will accept to open his old file !

or he should wait until he is eligible again in 2016 ?


Thanks,
 

goodman36

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Jul 19, 2012
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Re: an advice for a citizenship application

Ronaldo Da Lima 89 said:
Hi all,

I have a friend who wants to re-apply for Canadian citizenship grant. Now he has an issue with CIC.

in 2010 he applied for citizenship and while his application was being processed, he left Canada and went back for his native country.

CIC sent him two letters during 2011 to write the test, but he could not come to Canada due to personal problems over there.

After he came back to Canada this year, he wanted to apply again for his citizenship grant.

He called CIC and they told him his application is closed now and he should re-apply.

When he did the residence calculation, it shows him that he is eligible to apply in July 2016 (current law - 3 out of 4 years). And as you know by that time the bill C-24 will be implemented, so he has to wait anothrer year because it would be 4 out of 6 years.

He called CIC again and told them about his issue, they told him you could apply now and maybe a judge will decide to open your old file because he has been in Canada since 2006.


What do you advise him ? to apply now and take the risk of a new application and pay all the fees again and he also must take the language test ? and to see if a judge will accept to open his old file ?

or he should wait until he is eligible again in 2016 ?


Thanks,
It's good to have freinds like you who are inquiring on behalf of someone.

If his previous file was closed, then the rule will apply at the time of his new application whatever rules that may be. he shouldn't really feel bad about it since he was given the opportunity to obtain it before.

How can he reapply now if the residency calculator showing he is not eligible? I would suggest speaking with an experienced immigration lawyer.
 

Ronaldo Da Lima 89

Star Member
Aug 2, 2014
128
1
Re: an advice for a citizenship application

Thank you goodman ... you are a really good man.

He called CIC and one of the agents told him to apply and send a letter to see if a judge could decide to re-open his old file.

When my friend told me that, I found that weired and asked him to wait before sending another application because it would be refused for sure because of his residence calculator.

I wrote his story here to see if anyone went through similar case or know someone who the CIC re-opened his file after they had closed it.
 

Travel Dream

Hero Member
Sep 20, 2010
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Re: an advice for a citizenship application

Ronaldo Da Lima 89 said:
Thank you goodman ... you are a really good man.

He called CIC and one of the agents told him to apply and send a letter to see if a judge could decide to re-open his old file.

When my friend told me that, I found that weired and asked him to wait before sending another application because it would be refused for sure because of his residence calculator.

I wrote his story here to see if anyone went through similar case or know someone who the CIC re-opened his file after they had closed it.
I think your friend should search for legal action to reopen his old file but I don't see any reason to apply again ( submit new application ) if he does not meet the resident obligation
 

Ronaldo Da Lima 89

Star Member
Aug 2, 2014
128
1
Re: an advice for a citizenship application

Travel Dream said:
I think your friend should search for legal action to reopen his old file but I don't see any reason to apply again ( submit new application ) if he does not meet the resident obligation


I agree with you. I think he should see a lawyer or an immigration expert to see if he could re-open his old file.
 

Leon

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Jun 13, 2008
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Re: an advice for a citizenship application

If he left Canada in 2010 and came back this year, he has been outside Canada for 4 years. This implies that he no longer meets the PR residency obligation of staying in Canada 2 years in any 5 year period.

If he no longer meets the PR residency obligation, he should lay low, stay in Canada but not apply for anything from immigration for the next 2 years. He can apply to renew his PR card in 2016 if it is expired because he will then meet the PR RO again and he would be able to apply for citizenship again in 2018.

Any attempt into reviving his failed citizenship application can cause an investigation into his PR status and if he loses his PR, he can not be granted citizenship but will be asked to leave Canada.
 

Ronaldo Da Lima 89

Star Member
Aug 2, 2014
128
1
Thank you Leon for all these important informatio.

He applied in 2010 but he actually left Canada in 2011 and he came back last January.

Is it possible for him to loose his PR even though he got it through his Canadian wife in 2006?
 

txboyscout

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Jun 9, 2009
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Ronaldo Da Lima 89 said:
Thank you Leon for all these important informatio.

He applied in 2010 but he actually left Canada in 2011 and he came back last January.

Is it possible for him to loose his PR even though he got it through his Canadian wife in 2006?
Is he still married to his wife? Did she go and live with him overseas?

If she was living with him overseas, then he has met the RO because that counts as accompanying a Citizen spouse..... However, if not than he has not met the RO and risks losing his PR
 

Ronaldo Da Lima 89

Star Member
Aug 2, 2014
128
1
Thanks txboyscout.

She lived with him for a year, then she came back with their kids. The period when she came with their kids to Canada would be counted as not living with citizen spouse ? Even they had no problems or separation thoughts !
 

Leon

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Jun 13, 2008
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Yes, it is definitely possible for spouses of Canadians to lose their PR if they did not meet the residency requirements. However, time spent with his wife outside Canada counts as time spent in Canada toward his PR so if he was outside for 4 years but his wife accompanied him for 1 of those years, he might still meet the RO but he might be close. It depends on the actual dates.

In any case, even if he does meet the RO for his PR, I don't think he has much of a chance to get his old citizenship application re-opened. CIC gave him 2 chances in 2011 to take the test. He couldn't so 3 years later, he wants to take that up again? IMO it's water under the bridge. He doesn't meet the requirements to apply again at this point so now he has to wait.
 

Ronaldo Da Lima 89

Star Member
Aug 2, 2014
128
1
Thanks again Leon for all these valuable info.

I will send him the link to this topic so he could read what you guys are advising him to do.

Could you please explain to me about this residence requirments for PR who live with their spouses ?
 

Leon

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Jun 13, 2008
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Ronaldo Da Lima 89 said:
Thanks again Leon for all these valuable info.

I will send him the link to this topic so he could read what you guys are advising him to do.

Could you please explain to me about this residence requirments for PR who live with their spouses ?
This is what immigration says about the residency obligation:

Pursuant to A28(2), a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is physically present in Canada, or:

 is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;
So your friend needs to look at his travel dates as well as his wife's from 09.08.2009 until today. How many days in that period did he spend in Canada and how many days did his wife accompany him outside Canada. If they come up with 730 or more, he meets the RO to keep his PR. If less, then he doesn't, however, since immigration did not catch him red handed, nothing will happen as long as he stays in Canada and stays under their radar until he has his 2 years because then he will meet the RO again.