So what do I do now?

[chx]

I have filed in 2013, I didn't have enough days but I had a good reason to believe an exception will be granted: missing days were travel for work and I had a letter signed by legal from the workplace stating this. Alternatively, another large chunk of days was for helping with my brother's first born which I felt mapped closely to what CP05 said about caring for a sick relative -- one time thing. It definitely didn't repeat with my brother's second born.

I got my RQ in 2013 December.

I passed my test in 2014 May.

I haven't heard from CIC since. I went to the MP office on the first anniversary they wrote a letter and CIC didn't answer.

As of this September 1, I am a PR for six years now and I do have four years physical presence, about four years and fifty days

I just talked to CIC and a) there's no progress on the case b) I can revoke my case and file a new one but then I need to retest. FML. What do I do now? Do I wait for a ruling on the old one? Do I refile and risk failing the test? Or missing the test date, my travels are set a year ahead, I have a plane ticket out of Canada next August already and I won't back till October.

 

[dpenabill]

I have filed in 2013, I didn't have enough days but I had a good reason to believe an exception will be granted: missing days were travel for work and I had a letter signed by legal from the workplace stating this. I got my RQ in 2013 December.

I passed my test in 2014 May. I haven't heard from CIC since. I went to the MP office on the first anniversary they wrote a letter and CIC didn't answer.

As of this September 1, I am a PR for six years now and I do have four years physical presence, about four years and fifty days

I just talked to CIC and a) there's no progress on the case b) I can revoke my case and file a new one but then I need to retest. FML. What do I do now? Do I wait for a ruling on the old one? Do I refile and risk failing the test? Or missing the test date, my travels are set a year ahead, I have a plane ticket out of Canada next August already.

What to do is a very personal decision, part of which should depend on a lot of particular factors in your case. A big factor: how much of a shortfall there was. But that is not the only factor. There are many.

Given the timeline, despite it being a guess, I think it is a good guess that it will not be all that long before your case goes to the next step and you will find out how it goes. In the meantime you would be building additional margin time relative to the current requirements. For someone with frequent travel in their history, a substantial margin is a good idea.

That said, you seem to be hinting that next August you will be going outside Canada for an extended period of time (not just a trip). Sure, that complicates the decision making. But it still comes down to assessing your personal circumstances, the extent of the shortfall in the current application, some consideration given to perhaps CIC will be somewhat more flexible or even lenient in these cases given the change in government, among so many other variables. Hard choices, yes.

If you can afford it, perhaps consulting with a lawyer would help you make the decision. A lawyer could examine enough of your personal details to offer a more informed opinion (but it would still be just an opinion) which might help you to make your decision.

 

[chx]

Sorry I edited since: I'll be leaving for two months next Aug. Fairly routine, for me. In the past, I've been out 3-4 months at a time even. As for lawyers, pffft, I got one and he didn't even send that all important letter to CIC and I needed to give it to them when I took the test, once this is over, I will file a complaint with the bar. Useless. Let's make this very clear: money is not the problem here, I told CIC I am not concerned much about fees and such for a second application. So if any answers hinge on money, presume I have it.

 

[Exports]

Sorry to hear your situation. I can feel as am also in the same situation. You gave the test in 2014 and still haven't heard, that is really annoying. Given the less number of days, did the officer said you may go for CJ hearing?
I gave the test in Aug 15 ( applied in 2013 ) and I was told by the officer that I will be scheduled for CJ hearing.
My file has been moving from different places St. Claire, Missisauga, Scarborough.; so not sure what is the status.
I was also told not to travel anymore it triggers. I am into international trading so I have no option but to travel to check the quality of material etc.
Which is your office if you can share?

 

[chx]

I have no idea about my office. There's absolutely nothing in eCAS. How do you know? This is what I get on https://services3.cic.gc.ca/ecas/viewcasestatus.do?app=

Citizenship Application Status: In process. [click]

We received your application for Canadian citizenship (grant of citizenship) on March 6, 2013.
We sent you correspondence acknowledging receipt of your application(s), and a study book called Discover Canada on March 6, 2013.
We started processing your application on May 2, 2013.
We sent you a notice on April 3, 2014 to appear and write the citizenship test on May 7, 2014 at 10:03 AM. The notice you will receive by mail will be your official confirmation of your appointment. If you have not received this notice prior to the date of your scheduled appointment, please contact us.

Note: I just checked http://www.cic.gc.ca/english/information/times/canada/cit-processing.asp and it says "The current typical processing time for non-routine applications is 36 months." and it also says "These applicants can expect a decision by March 31, 2016" for people filed under the old law. So I think I will wait till early April and reevaluate the situation. Sigh.

 

[dpenabill]

Note: I just checked http://www.cic.gc.ca/english/information/times/canada/cit-processing.asp and it says "The current typical processing time for non-routine applications is 36 months." and it also says "These applicants can expect a decision by March 31, 2016" for people filed under the old law. So I think I will wait till early April and reevaluate the situation. Sigh.

Waiting is probably a good idea.

You may not want a CIC officer to make the assessment of your case real soon. I suspect that Minister Alexander had some internal policies, formal or informal, which had the effect of imposing a rather strict approach to deciding shortfall cases. A new Minister of CIC will be named next week. Sometime in the coming weeks or months the new Minister may very well moderate how strictly CIC approaches deciding shortfall cases. This will take time. In the meantime, Alexander's policies will continue to control how things go. May be better to not have your case considered until after the first of the new year.

Of course there is no guarantee that a Liberal Minister of CIC will in fact moderate the approach taken to shortfall cases. And there is no guarantee either how a particular applicant's circumstances will be evaluated. But now the Minister (actually done by Citizenship Officers who are the Minister's delegate) has authority to grant citizenship without any referral to a CJ. That's the best case scenario, that the Citizenship Officer who makes the assessment decides you deserve citizenship and grants it, no need to take chances with a CJ who might be among those who only apply the strict physical presence test. That's something to hope for. But, in the meantime, yeah, you are in the dark, waiting in the dark, no idea how this is going to go until the decision is made.

 

[Exports]

I would say, you can call the call centre and find out where is ur office? You may do so by raising enquiry very specific to your case so that they enter your file. Usually the call centre agents are reluctant to enter the file. So u can Hv some specific reason of calling and then quickly ask where ur file is currently being reviewed as you want to send some specific additional information. so u will know your office and wil know exactly what could be the time line. And yes 1 year waiting after test is too much. How many days are you less from 1095?

 

[Msafiri]

I have filed in 2013, I didn't have enough days but I had a good reason to believe an exception will be granted: missing days were travel for work and I had a letter signed by legal from the workplace stating this. Alternatively, another large chunk of days was for helping with my brother's first born which I felt mapped closely to what CP05 said about caring for a sick relative -- one time thing. It definitely didn't repeat with my brother's second born.

I got my RQ in 2013 December.

I passed my test in 2014 May.

I haven't heard from CIC since. I went to the MP office on the first anniversary they wrote a letter and CIC didn't answer.

As of this September 1, I am a PR for six years now and I do have four years physical presence, about four years and fifty days

I just talked to CIC and a) there's no progress on the case b) I can revoke my case and file a new one but then I need to retest. FML. What do I do now? Do I wait for a ruling on the old one? Do I refile and risk failing the test? Or missing the test date, my travels are set a year ahead, I have a plane ticket out of Canada next August already and I won't back till October.

http://www.canadavisa.com/canada-immigration-discussion-board/physical-residence-less-than-1095-and-non-routin-procedure-t247043.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/hearing-with-judge-t347697.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/-t313296.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/-t314804.0.html

Check out the threads above. By applying with a shortfall of residency days you are leaving yourself at the mercy of the Citizenship Officer and if referred onward (CIC refusal) to a CJ to decide. CJ may say yes or no. If CJ grants you citizenship despite CIC saying no then CIC will take this to court. So you then rely on the mercy of the FC who may decide to agree with CIC, agree with the CJ and if so refer the file back to a different CJ. You ahve no control over the CJ hearign or Judicial timelines. It could be 3, 6, 12 months who knows since the courts are backlogged.

You have to make a personal decision as to if you want to take your chances or withdraw and apply under the new Act. This because you meet the requirements and there is no need for 'mercy' or 'favours' from any one. In turn this means faster processing. I don't see the new CIC Minister touching the CO review/ decision making level framework for some time as its not a priority for him/her.

 

[neutral]

I don't feel sorry for you 2 guys because you knew this was going to happen since the moment you applied with shortfall of physical presence.

Nobody could know how long it'd take ...