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canuck25
Moderator Group Forum Moderator Joined: 09 Mar 2012 Status: Offline Points: 831 |
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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 |
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MTF
New Member Joined: 12 Aug 2015 Status: Offline Points: 1 |
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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?
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computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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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 |
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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
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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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
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.
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. |
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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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ottawa321
Junior Member Joined: 24 Jul 2010 Location: Mississauga Status: Offline Points: 118 |
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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 |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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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. |
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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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