Canada Immigration and Visa Discussion Forum Homepage
Forum Home Forum Home > Canada Immigration Topics > Canadian Citizenship
  New Posts New Posts RSS Feed - Dicision made
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

Dicision made

 Post Reply Post Reply Page  <12
Author
Message
canuck25 View Drop Down
Moderator Group
Moderator Group

Forum Moderator

Joined: 09 Mar 2012
Status: Offline
Points: 831
Post Options Post Options   Thanks (0) Thanks(0)   Quote canuck25 Quote  Post ReplyReply Direct Link To This Post Posted: 12 Aug 2015 at 11:06am
Originally posted by S_A_L S_A_L wrote:


Dear all,
It's great to see the discussions, which certainly giving me a good direction to be prepared in case I have to be appear before a CJ. As mentioned before, I am mentally ready to be rejected, however will feel bad of course. Below are the key factors I considered my strengths if the CJ applies KOO methods:
-My immidiate family (my wife and children) live in Canada, and they are Canadian citizens. I have submitted their citizenship certificates.
-My children are in Canadian schools, I provided copies of their proof of éducations, including OSAP related documents
-My wife complted a diploma course and she works here too. I have given copies of her education certificates plus her employment records
-I have returned all income tax since we arrived. I have submitted copies of las 4 years income tax
return  
-I have provided staements of bank acount and credit card statements for relevant years
-We have a house. I have provided documents related to title, home tax, mortgage documents, home insurance, etc.
-We all live in same house. So provided proof of address for all (my wife and two children) so that I can proof that we all live Under the same roof.
-We other properties such as car. I have provided copies of car loan, ownership certificate, car insurance, etc.
-The numbers days I was physically presence, I have provided documents related to my employment such as T4s
-I tried to do a business, but failed after a year. That whole year I was in Canada. I submitted copies of my business registration, HST registration, business tax returns, etc
-The number of days I was not physically present, I have submitted emploment certificates stating my role and country of location.
-there might be more documents I have submitted, cant remember all.
Please note that I didnt travel much to my country of origin during relevant 4 years (may be 2 time, for 10 to 15 days each travel. In my case, I was assigned to other countries by my employer in the field of humanitarian works. Hope this helps.
Thanks


I want to stress and to reiterate what others have said - KOO no longer applies. It was one of three available tests that Citizenship Judges could use to assess one's compliance with the residency requirement. The policies of the last 3-4 years have focused on applying strict residency tests to determine eligibility. The "soft" factors you mention do not matter. If you have a shortfall of required days, you will almost certainly be denied citizenship. It appears in your case, because the shortfall was substantial, the decision was made even without the CJ requiring you to attend a hearing.

At this point, I see three possible next steps:

- Option 1: citizenship judge hearing as a formality and you being denied, given the extent of your shortfall (15% chance)
- Option 2: citizenship judge denies your application given the large shortfall. The "decision made" statement on your status page supports this theory (80% chance)
- Option 3: citizenship judge invites you to a hearing and approves your application (5%). If this happens (and stranger things HAVE happened) the CIC will likely appeal Citizenship Judge's decision and the court will likely side with the government, which puts you back at square one, so to speak.

Your challenge is that you applied with a tremendous shortfall. What this means is that if your application is denied (and it most likely will be), when you reapply having met the physical presence test, it is likely that your application will be in the non-routine/long queue and you will get an RQ. We have seen that having previous applications that were denied is an almost certain trigger for RQ. As such, find out what the decision is, but me mentally prepared to wait at least 3 years for your citizenship.




Edited by canuck25 - 12 Aug 2015 at 11:14am
Back to Top
MTF View Drop Down
New Member
New Member


Joined: 12 Aug 2015
Status: Offline
Points: 1
Post Options Post Options   Thanks (0) Thanks(0)   Quote MTF Quote  Post ReplyReply Direct Link To This Post Posted: 12 Aug 2015 at 4:16pm
Hello,

I am in the same boat. I applied for the citizenship with 955 physical presence days in Canada. I have been in Canada from 2008 with study and work permit and I got my PR on Jan 2013. I had 5 months assignment from my employer to work in US  in 2014. during that period I was paid by my employer in Canada and kept all my ties in Canada ( my husband stayed in Canada during my assignment). I passed the citizenship test almost one month ago and the officer told me that she has to look into my documents and she might send my case to the judge. my ecase changed to the Decision Made 5 days after my test. I still didn't receive any letter from them and I don't have any idea what does this mean?
Back to Top
computergeek View Drop Down
Senior Member
Senior Member
Avatar

Joined: 07 Jan 2012
Location: Vancouver BC
Status: Offline
Points: 573
Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 14 Aug 2015 at 4:06pm
It means that they've made a decision.  While it is unlikely they made a negative decision without a hearing, the CJ does have the option to do so.  The only thing you can do is to wait until the advise you.  Alternatively, you could also submit an ATIP inquiry (so you'll have an answer back in a month's time or less).



Edited by computergeek - 14 Aug 2015 at 4:07pm
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 16 Aug 2015 at 4:08pm

Originally posted by S_A_L S_A_L wrote:

. . . I am seeking your further thoughts regarding my case discussed above. I am clearly a non routine applicant as I was issued with RQ and finger print (mentioned above). Last almost a month, my ecas status has been changed from "in process" to "decision made". I have called the call centre to have more information, but unfortunately they have no infomation. I spoke to 3 people in call centre in 3 different days. The answers are not similar. They cant give any information. All have said that I have to wait for the letter from CIC. In responsding to my question regarding the time will CIC take to inform me the decison, I have received different answers from different agents. One person said it will take 6 months from the day of citizenship test. Others said according to processing time, in my case up to 36 months. I am really confused. I will appreciate your thoughts around:
(1) What does it mean by "decision made"for a non routine application?
(2) How long CIC may take to send me a letter?
(3) Anyone has similar experience?
(4) Any suggestion for me?


Wait to see what the next communication states.

With emphasis: as noted by computergeek: wait.

As noted by canuck25, you can apply for and obtain a copy of your records (a copy of a query-generated report from GCMS which is a limited output of information in specified fields) through the ATIP process, or a more extensive copy of records by submitting a customized ATIP request.

The extent of your presence in Canada is a huge hurdle. But canuck25 is wrong in saying
Originally posted by canuck25 canuck25 wrote:

KOO no longer applies.


At least generally. Citizenship Judges, even Citizenship Officers, not only may continue to apply Koo, but there are fairly clear indications that Koo is still being applied.

Koo can only be applied to pre-June 11, 2015 applications. And it is apparent that it is not at all routinely applied, but rather appears to be rarely applied only in very limited, extraordinary circumstances.

As noted before, the extent of your shortfall (more than four hundred days short of the 1095 days actual physical presence threshold) makes it most likely that you will ultimately be denied, whether that happens sooner or later. Hard to see a path to success with this application. That is, it is highly unlikely that Koo will be applied in your case even though Koo may still be applied to other cases.



Originally posted by MTF MTF wrote:


I am in the same boat. I applied for the citizenship with 955 physical presence days in Canada. I have been in Canada from 2008 with study and work permit and I got my PR on Jan 2013. I had 5 months assignment from my employer to work in US in 2014. during that period I was paid by my employer in Canada and kept all my ties in Canada ( my husband stayed in Canada during my assignment). I passed the citizenship test almost one month ago and the officer told me that she has to look into my documents and she might send my case to the judge. my ecase changed to the Decision Made 5 days after my test. I still didn't receive any letter from them and I don't have any idea what does this mean?


You may have somewhat better odds than S_A_L, but not by much.

As noted, contrary to the statement that Koo no longer applies, CIC and Citizenship Judges may assess residency for pre-June 11, 2015 applicants using the Koo criteria. There are indications they are in fact still applying Koo sometimes, rarely, in extraordinary circumstances, but nonetheless sometimes.

But, 140 days shortfall is a relatively big shortfall. And your residency calculation clearly depends on credit for time in Canada prior to becoming a PR. The combination of even a relatively small shortfall and relying on pre-PR credit appears to never (or at least not in recent history) have been a good case, let alone the impact of a large shortfall such as there is in your case. (Only confirmed case in which CJ approved an applicant with shortfall relying on pre-PR credit was overruled by the Federal Court; I have seen, in many years, only one non-confirmed anecdotal report of such a case resulting in actual citizenship, and that case involved a rather small shortfall. There are many reasons, explained in multiple topics, why the combination of a shortfall plus pre-PR credit is simply not at all a good case.)

Probably worth riding the process through and seeing how it works out, if it works out. But the odds are not good; the most likely outcome is predictable: not favourable. Probably be 2017 or 2018 (after minimum four years of physical presence since the date you became a PR) before you will be eligible again.


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
Back to Top
ottawa321 View Drop Down
Junior Member
Junior Member


Joined: 24 Jul 2010
Location: Mississauga
Status: Offline
Points: 118
Post Options Post Options   Thanks (0) Thanks(0)   Quote ottawa321 Quote  Post ReplyReply Direct Link To This Post Posted: 19 Aug 2015 at 4:16am
My E-cas changed to "Decision Made" a month ago. I called CIC agent yesterday, he was not in a mood to check the status. however, he asked me if I got any RQ. I told him I did not receive RQ. He asked me several security questions which I answered. After few minutes he answered very angrily that you are misleading a goverhment department that you did not receive RQ. I told him that I was only asked to submit my Tax papers and not RQ. He was very upset and told me that I lied him and he is putting my file for review. then he said call us in 2017 and hanged up. Is that true? Shall I contact Call center supervisor?

Edited by ottawa321 - 19 Aug 2015 at 4:59am
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 19 Aug 2015 at 11:17am
Originally posted by ottawa321 ottawa321 wrote:

My E-cas changed to "Decision Made" a month ago. I called CIC agent yesterday, he was not in a mood to check the status. however, he asked me if I got any RQ. I told him I did not receive RQ. He asked me several security questions which I answered. After few minutes he answered very angrily that you are misleading a goverhment department that you did not receive RQ. I told him that I was only asked to submit my Tax papers and not RQ. He was very upset and told me that I lied him and he is putting my file for review. then he said call us in 2017 and hanged up. Is that true? Shall I contact Call center supervisor?


Is what true?

It is unusual for the call centre representatives to display any "mood" but of course they are human.

For future reference, if during an attempt to obtain information from a call centre representative, the rep displays any emotional attitude, any "mood" at all, probably best to ease out of the contact, be polite, say thank you, and plan to make another call to pursue the question with a different representative.

Probably time to do an ATIP. A customized, more probing than the standard ATIP request, would be more likely to obtain real information about the status of your case. In the meantime, perhaps an attempt to make another telephone call to the call centre, going easy, perhaps explaining that a previous call was more confusing than informative, might disclose more about the status of things.


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
Back to Top
 Post Reply Post Reply Page  <12
  Share Topic   

Forum Jump Forum Permissions View Drop Down