+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

too long delay for citizenship

medimawla

Star Member
Dec 18, 2012
56
0
it seem that not the only one suffering and frustrated from the delay in processing my application since November 2009.
my questions:
is it legal.
is it human does this respect the Canadian Chart
Can we call this discrimination
isn't persecution
there is no official body or to put an end of this persecution
anybody can help Human rights ... Lawyer
 

Swede

Hero Member
Aug 18, 2009
787
17
Canada
Category........
Visa Office......
London, England
Job Offer........
Pre-Assessed..
App. Filed.......
2009-10-27
File Transfer...
2009-11-12
Med's Done....
2009-08-11
Interview........
waived
Passport Req..
2010-01-22
VISA ISSUED...
2010-01-20
LANDED..........
2010-03-05
You could always ask your MP to make inquiries regarding your case.
 

Swede

Hero Member
Aug 18, 2009
787
17
Canada
Category........
Visa Office......
London, England
Job Offer........
Pre-Assessed..
App. Filed.......
2009-10-27
File Transfer...
2009-11-12
Med's Done....
2009-08-11
Interview........
waived
Passport Req..
2010-01-22
VISA ISSUED...
2010-01-20
LANDED..........
2010-03-05
medimawla said:
already did a year ago and no result
Did the MP learn anything?
 

kaboom786

Full Member
Sep 19, 2012
31
0
Category........
Visa Office......
Rabaat, Morocco
Job Offer........
Pre-Assessed..
AOR Received.
24th Sept 2013
File Transfer...
11th Oct 2013
Interview........
Waived
Passport Req..
21st Jan 2014
Were there any complications before and after in your life that you think might have affected your processing? Any suspicious activity can raise a flag on your file can delay processing. It could be anything like staying outside of country for longer periods, criminal checks matching someone ( criminal) with similar biographical details or even mismatching information in the application can delay the process for months or even years. There are no standards for processing times , the cit. office have the liberty to take their time in order to process and conduct what they deem 'necessary' checks in flagged cases. Doing a check that literally takes 2 minutes could take them months. It's really upto them. All you can do is wait , and if you wish , you can request notes on ur application to which you have a right which will give details on what's going on with your file.
 

medimawla

Star Member
Dec 18, 2012
56
0
kaboom786 said:
Were there any complications before and after in your life that you think might have affected your processing? Any suspicious activity can raise a flag on your file can delay processing. It could be anything like staying outside of country for longer periods, criminal checks matching someone ( criminal) with similar biographical details or even mismatching information in the application can delay the process for months or even years. There are no standards for processing times , the cit. office have the liberty to take their time in order to process and conduct what they deem 'necessary' checks in flagged cases. Doing a check that literally takes 2 minutes could take them months. It's really upto them. All you can do is wait , and if you wish , you can request notes on ur application to which you have a right which will give details on what's going on with your file.
so in this case i can request from them directly by phone or by mail although i sent them my finger prints and i have no criminal record and i am father for 2 Canadian kids
 

Swede

Hero Member
Aug 18, 2009
787
17
Canada
Category........
Visa Office......
London, England
Job Offer........
Pre-Assessed..
App. Filed.......
2009-10-27
File Transfer...
2009-11-12
Med's Done....
2009-08-11
Interview........
waived
Passport Req..
2010-01-22
VISA ISSUED...
2010-01-20
LANDED..........
2010-03-05
medimawla said:
unfortunately nothing they said just in process :(
Well, if it was a year ago I think you should be able to go back to your MP, let him/her know that nothing has happened and that you've been in process for over three years.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
medimawla said:
so in this case i can request from them directly by phone or by mail although i sent them my finger prints and i have no criminal record and i am father for 2 Canadian kids
Go to the CIC website and check the process of asking for your personal notes. Ask for your GCMS notes to include all physical files. From this you can see what the issue is. Its likely expired background checks. Sometimes there is a failure in information being sent between CIC and the relevant intelligence or police authorities. This is not the applicant's fault but they are the one's who suffer with delays.

The only remedy for the CIC delays is to issue a writ of mandumus to the Federal Court which will compel CIC to take action on your file be it to grant or deny citizenship. You will have to show undue delays in processing which are not your fault. As far as I recall a delay for purposes of a writ is that around the 4-5 year mark so your chances of getting one are low. Its difficult to get a lawyer who will apply for the writ and so it can also get expensive.
 

medimawla

Star Member
Dec 18, 2012
56
0
Msafiri said:
Go to the CIC website and check the process of aksing for your personal notes. Ask for your GCMS notes to include all physical files. From this you can see what the issue is. Its likely expired background checks. Sometimes there is a failure in information being sent between CIC and the relevant intelligence or police authorities. This is not the applicant's fault but they are the one's who suffer with delays.

The only remedy for the CIC delays is to issue a writ of mandumus to the Federal Court which will compel CIC to take action on your file be it to grant or deny citizenship. You will have to show undue delays in processing which are not your fault. As far as I recall a delay for purpses of a writ is that around the 4-5 year mark so your chances of getting one are low. Its difficult to get a lawyer who will apply for the writ and so it can also get expensive.
how can i enter to GCMS under my file number thank you for your advise

here is my status:
application received on November 27, 2009.

We started processing your application on October 13, 2010.

Your file was transferred to the Montréal office on December 14, 2010.

We sent you a letter on August 4

also i sent a letter to the Ministry of Citizenship and they answer me (august 27,2012)
( Our records indicate that your criminal and security background checks were successfully completed;however due to ongoing immigration issues,your immigration clearance was still outstanding;thereby delaying the process of your application as a result citizenship officers in Montreal were not to asses your case as quickly originally intended.
The outstanding immigration issues has been resolved and your file was returned to the processing queue on April 27,2012. you will be notified when to appear for the Citizenship test or Hearing, or if additional information and/or documents are required.

also since 2 days i called CIC and they said that another verification background and your application will take longer

Anyone has the same situation or similar can advise thanks in advance
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
medimawla said:
how can i enter to GCMS under my file number thank you for your advise

here is my status:
application received on November 27, 2009.

We started processing your application on October 13, 2010.

Your file was transferred to the Montréal office on December 14, 2010.

We sent you a letter on August 4

also i sent a letter to the Ministry of Citizenship and they answer me (august 27,2012)
( Our records indicate that your criminal and security background checks were successfully completed;however due to ongoing immigration issues,your immigration clearance was still outstanding;thereby delaying the process of your application as a result citizenship officers in Montreal were not to asses your case as quickly originally intended.
The outstanding immigration issues has been resolved and your file was returned to the processing queue on April 27,2012. you will be notified when to appear for the Citizenship test or Hearing, or if additional information and/or documents are required.

also since 2 days i called CIC and they said that another verification background and your application will take longer

Anyone has the same situation or similar can advise thanks in advance
So your background and security checks were ok but CIC were doing an immigration check. By the time the Immigration check was completed your background and security clearances had expired and you are now back on a loop. Unfortunatley not much you can do except wait or issue the writ. To acesss your data see link below. Use Privcay Act as its free.

http://www.cic.gc.ca/english/department/atip/form-imm5563.asp
 

medimawla

Star Member
Dec 18, 2012
56
0
Msafiri said:
So your background and security checks were ok but CIC were doing an immigration check. By the time the Immigration check was completed your background and security clearances had expired and you are now back on a loop. Unfortunatley not much you can do except wait or issue the writ. To acesss your data see link below. Use Privcay Act as its free.

http://www.cic.gc.ca/english/department/atip/form-imm5563.asp
i really appreciate your advise your help is more important than any lawyer , and hope you will follow me that any further steps needed thank you very much
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
medimawla said:
i really appreciate your advise your help is more important than any lawyer , and hope you will follow me that any further steps needed thank you very much
Just trying to help. Your case is an illustration of a failing on the part of CIC where there is a loop of expired checks through no fault of your own. Approaching the MP will still be a worthwhile thing to do.

Another issue is that a fraud ring for retaining permanent residence and obtaining citizenship was discovered in Montreal so CIC are really scrutiniing files from here. A significant portion of the fraud seemed to be by permanent residents based in the Gulf who were declaring residence in Canada while actually absent with consultants in Canada creating a false trail of their presence in Canada such as pay stubs, invoices, T4s etc.

This fraud has affected all applicants with CIC increasingly issuing Residence Questionnaires.