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Separating file due to family member failing exam

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arhuomam View Drop Down
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    Posted: 04 Mar 2014 at 10:09am
Good morning ALL,

I did the citizenship exam together with my partner, I passed but my partner failed.

I am thinking of separating my file since we applied together as one file because I am not sure how long it will take my partner to pass the exam and get ready.

Anyone here knows how long it takes for Calgary office to separate my file and if they will approve the request or there any chance of them rejecting the request and asking to stick with my partner situation.

Thank you very much

Have a nice day
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 05 Mar 2014 at 12:45pm

Originally posted by arhuomam arhuomam wrote:

I did the citizenship exam together with my partner, I passed but my partner failed.

I am thinking of separating my file since we applied together as one file because I am not sure how long it will take my partner to pass the exam and get ready.

Anyone here knows how long it takes for Calgary office to separate my file and if they will approve the request or there any chance of them rejecting the request and asking to stick with my partner situation.

While this probably happens quite often, we have not seen many individual reports of this in the forum, and in particular it is not likely anyone could offer much insight into what the impact will be in a particular local office such as for Calgary.

And, overall, the timeline for individual cases can vary a great deal, so however long it took for others in a similar situation would not be a reliable indicator about how long it is likely to take for anyone else.

Additionally, how long it has taken CIC to do this or that in the last couple years or more is suddenly not particularly relevant either, as there appears to be a major shake-up in processing taking place at the moment. How long this will last is unknown. What portion of applications will this dramatically affect is unknown. Lots of unknowns.


You ask if "there is any chance" that a request to separate the application might be rejected, and of course, yes, there is almost always some chance things could go one way or another.

There is also some chance that the request to separate the application could itself cause a delay for one or the other or both of you.

Very hard to predict how these things will affect the processing.

Last year CIC announced some policy shifts toward doing written retests within a relatively short time frame (a few months), so if your partner can feasibly better prepare and be able to pass the test soon, just waiting for the retest might be the best timeline for both of you. Of course, if there are some underlying difficulties regarding passing the test (such as, for example, if language is the underlying hurdle, which is often not something to be overcome quickly -- for many of us, learning a second language is a difficult thing), such that you anticipate your partner not passing the retest, that is a significant factor to consider.

Sorry that this is mostly a "don't know" response to your query.

But, in that regard, however this unfolds for you, it will be appreciated if you return and post an account of your experience so that others will have more information if and when they find themselves in a similar situation.


Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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pmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 05 Mar 2014 at 2:42pm
Hi


Originally posted by arhuomam arhuomam wrote:

Good morning ALL,
I did the citizenship exam together with my partner, I passed but my partner failed.
I am thinking of separating my file since we applied together as one file because I am not sure how long it will take my partner to pass the exam and get ready.
Anyone here knows how long it takes for Calgary office to separate my file and if they will approve the request or there any chance of them rejecting the request and asking to stick with my partner situation.
Thank you very much
Have a nice day



Here is what CIC says in Operational Bulletin http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob530A.asp

File Splitting

Split successful family files immediately after the test is failed at first attempt unless the applicant(s) are proceeding to hearing on the same day and are successful. This is an exception to instructions found in OB 529-A in order to avoid further delays to remaining family members who are part of the same file and can proceed to ceremony if application(s) is approved. However, local offices must still ensure there are no security concerns before initiating a file split.

Also

Knowledge Only Cases

The decision to split a file will be made once the results of the second test are known. See OB 530-A for retesting procedures.

    Before meeting with the clients, check for minor applications on file. If there are minor applications on the file, check to see if parentage was established only to the client who will require a second written test. If so, see Additional Procedure – Verifying Parentage, below. Otherwise, proceed with step 2.
    Meet with the clients to communicate results and inform the affected clients that they will have an opportunity to rewrite their test. If they pass that test, no further action will be necessary. If they do not pass that second test, they will require a hearing with a judge.
    Inform clients who passed their test and language assessment that, since their case is now ready for a decision, CIC will split the file to allow these family members to proceed through the rest of the process immediately, rather than waiting for the hearing of other family member(s) to be completed. CIC will do this automatically when and if the affected client does not pass the second test, unless the family requests to remain together as a family unit during processing. If applicable, explain how the minor children on file will be affected by the file split (i.e. either they will also be split from the file or they will remain with the parent who requires a hearing).
        If the clients do not wish to split their file, have them complete the Request to Maintain File form to confirm their choice.
        Explain that the decision to split or not split the file will be made once the results of their family member(s)' second test is known. If the family members pass the second test, the file will not be split and all will proceed to final stage. If they fail, CIC would split the file.
PMM
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