None of the CJ's are trained legal professionals. They are not really "judges" in the every day sense but "judges" because the decide on that particular citizenship applicationlinks18 said:
Who has ever attended a Hearing with a Citizenship Judge? How was it?
- Thread starter walitys
- Start date
Hi there,
I just had my judge hearing.
This is my timeline. Pardon all the detail, but I was looking for this information while I went through it all so hopefully it may help someone in the future:
- Oct 2000: arrived in Canada as an international student
- Feb 2006: Got married to Canadian citizen, but continued being a student and didnt apply for PR until the following year.
- March 2008: Became permanent resident
- March 2010: Applied for citizenship
- Feb 2011: CIC started processing citizenship application
- June 2011: Wrote exam and passed (20/20). Then the worst happened - I was told I was 47 days short of the 1095 at the time of my application. I made a mistake when calculating the days I guess. I was told to submit a Residency Questionnaire to demonstrate my quality of life in Canada (it was 100+ pages of tax invoices, mortgage, bank statement, employment letter, marriage certificates, etc going back 5 years before my application). I was told to wait to be scheduled for a hearing with a citizenship judge, which could take up to two years.
- September 2013: More than two years later, I get scheduled for my citizenship hearing, but guess what? I was away on vacation (for one week) and I missed it. This is where I learned that: (a) Even though you've waited for years, you only get a couple days notice in the mail for this hearing, (b) if you're planning on going on vacation you should tell CIC so they dont book you at that time, (c) if you miss your hearing they will reschedule you one final time, they said it would take a couple of months but for me it took over a year, you will have to fax your CIC office a letter explaining why you cannot/could not make it to the hearing, (d) the application will say "abandoned/cancelled" online for a couple of weeks if you miss your hearing, but then after the process your fax they will reopen it.
- October 2014: Got scheduled for the hearing with the citizenship judge again
How the hearing went:
It was easy, breezy and it lasted 15 minutes. The judge was super friendly. I brought with me all the originals I had submitted with my RQ, but the judge didnt ask to see anything. He talked about the process why it is important to get the math right, and not be any days short to avoid delays. He said "the law is clear, you need 1095 days to apply". That said, he was very nice and I felt like he was on my side. He asked me how I made that mistake, and I just said it was an error in my math and I that at the time I didnt think it would cause any problems, given how CIC takes a year to even look at the application. He wrote it down and spent some time talking about the law. He didnt quiz me on my knowledge of Canada, he said that was done during my citizenship test (which I aced) so he didnt see any need to do it now. It was a very comfortable, friendly chat and he sent me on my way. He said he would make a decision, which the government could still appeal if they found the need to. Given how easy the meeting went, I figured the decision would be favorable. The following day I called CIC call center and they said my citizenship had been granted and that I should just wait to be scheduled into the oath ceremony. How long that will take, they did not say. I will give you guys an update.
All this to say, get your math right when applying for citizenship! And learn from my mistakes
I'll let you know when I'm sworn in, but in the mean time good luck to anyone reading
I just had my judge hearing.
This is my timeline. Pardon all the detail, but I was looking for this information while I went through it all so hopefully it may help someone in the future:
- Oct 2000: arrived in Canada as an international student
- Feb 2006: Got married to Canadian citizen, but continued being a student and didnt apply for PR until the following year.
- March 2008: Became permanent resident
- March 2010: Applied for citizenship
- Feb 2011: CIC started processing citizenship application
- June 2011: Wrote exam and passed (20/20). Then the worst happened - I was told I was 47 days short of the 1095 at the time of my application. I made a mistake when calculating the days I guess. I was told to submit a Residency Questionnaire to demonstrate my quality of life in Canada (it was 100+ pages of tax invoices, mortgage, bank statement, employment letter, marriage certificates, etc going back 5 years before my application). I was told to wait to be scheduled for a hearing with a citizenship judge, which could take up to two years.
- September 2013: More than two years later, I get scheduled for my citizenship hearing, but guess what? I was away on vacation (for one week) and I missed it. This is where I learned that: (a) Even though you've waited for years, you only get a couple days notice in the mail for this hearing, (b) if you're planning on going on vacation you should tell CIC so they dont book you at that time, (c) if you miss your hearing they will reschedule you one final time, they said it would take a couple of months but for me it took over a year, you will have to fax your CIC office a letter explaining why you cannot/could not make it to the hearing, (d) the application will say "abandoned/cancelled" online for a couple of weeks if you miss your hearing, but then after the process your fax they will reopen it.
- October 2014: Got scheduled for the hearing with the citizenship judge again
How the hearing went:
It was easy, breezy and it lasted 15 minutes. The judge was super friendly. I brought with me all the originals I had submitted with my RQ, but the judge didnt ask to see anything. He talked about the process why it is important to get the math right, and not be any days short to avoid delays. He said "the law is clear, you need 1095 days to apply". That said, he was very nice and I felt like he was on my side. He asked me how I made that mistake, and I just said it was an error in my math and I that at the time I didnt think it would cause any problems, given how CIC takes a year to even look at the application. He wrote it down and spent some time talking about the law. He didnt quiz me on my knowledge of Canada, he said that was done during my citizenship test (which I aced) so he didnt see any need to do it now. It was a very comfortable, friendly chat and he sent me on my way. He said he would make a decision, which the government could still appeal if they found the need to. Given how easy the meeting went, I figured the decision would be favorable. The following day I called CIC call center and they said my citizenship had been granted and that I should just wait to be scheduled into the oath ceremony. How long that will take, they did not say. I will give you guys an update.
All this to say, get your math right when applying for citizenship! And learn from my mistakes
I'll let you know when I'm sworn in, but in the mean time good luck to anyone reading
keesio
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- May 16, 2012
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I had a hearing myself too.
Landed Jan 2002, applied Aug 2006, test scheduled Jan 2007. At test I could not provide my passport as got it lost few weeks earlier and had a new one issued. I had the police report however.
No word after the test (those days oath letter would come after a week after test), but in May 2007 I received a letter with RQ and an appointment with a Judge for 27th of May 2007 if I remember right. RQ and all docs to have with me at hearing.
The hearing was fine overall, but the Judge was a bit harsh at beginning, almost accusing I try to cheat only to get a canadian passport.
I'm originally from an EU country so I told her it wont make any difference a canadian passport from an EU passport for travelling, not to mention for working. After that the Judge got more mellow and seemed okay with my explanation. All hearing was around 45min.
She said a decision will be made within 3mts.
After 3 months I received the decision, and it was a refusal. The main reason was centred on that I do not have a passport to prove that I was not travelling outside canada more than what I declared in application (I had 5-7 trips). It didnt matter taxes, bank statements, mortgage, my divorce in canada, doctor appointments, etc, etc. I did not appeal the decision.
Now I applied again Sept 2014.
Landed Jan 2002, applied Aug 2006, test scheduled Jan 2007. At test I could not provide my passport as got it lost few weeks earlier and had a new one issued. I had the police report however.
No word after the test (those days oath letter would come after a week after test), but in May 2007 I received a letter with RQ and an appointment with a Judge for 27th of May 2007 if I remember right. RQ and all docs to have with me at hearing.
The hearing was fine overall, but the Judge was a bit harsh at beginning, almost accusing I try to cheat only to get a canadian passport.
I'm originally from an EU country so I told her it wont make any difference a canadian passport from an EU passport for travelling, not to mention for working. After that the Judge got more mellow and seemed okay with my explanation. All hearing was around 45min.
She said a decision will be made within 3mts.
After 3 months I received the decision, and it was a refusal. The main reason was centred on that I do not have a passport to prove that I was not travelling outside canada more than what I declared in application (I had 5-7 trips). It didnt matter taxes, bank statements, mortgage, my divorce in canada, doctor appointments, etc, etc. I did not appeal the decision.
Now I applied again Sept 2014.
The judge got pieced-off (pissed) becoz you said that having Canadian passport won't add any value to you. The judge was like : if it won't make any difference, why did you apply?era1521 said:
But I like the thing about those days oath letter would come in a week after the test, and looks like the test happened in few months after application received. Must be good old days. These days' processing is more like lottery.
Can depend on the reason. Applications denied for misrepresentation, for example, result in a five year prohibition.
And of course, whenever a new application is made, the applicant needs to be qualified for the grant of citizenship as of that date and continuing so until the oath is taken.
Otherwise there is no need to wait. Indeed, an applicant scheduled for a Citizenship Judge hearing (the subject of this topic) who anticipates the likelihood the application will be denied can make a new application while the first one is pending . . . depending on being actually qualified of course.
Note that denied applicants are often subject to elevated scrutiny for subsequent applications, which can result in non-routine processing such as RQ. But again, this typically depends a lot on why the first application was denied. For example, for the applicant who foolishly applied with little margin over the minimum presence requirement and overlooked a brief absence, leading to falling short of the requirement, who has in the meantime continued to live in Canada, such an individual can apply again right away and may even sail more smoothly than others through the process.
From what I read on forums majority cases are rejected after hearing...most likely reapply for citizenship...just my 2 cents