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Montreal - Second Citizenship Judge Interview

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Bash View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bash Quote  Post ReplyReply Direct Link To This Post Topic: Montreal - Second Citizenship Judge Interview
    Posted: 15 Jan 2011 at 6:49pm
I landed in 2002 with my wife and 4 children. We took up residence in Montreal and bought a house in the West Island. I established a consulting company and it has been active since then. I have filed personal as well as corporate taxes every year since then as well.

Throughout this period my 4 children went to school/College in Montreal and two of them actually finished their University studies and graduated. In 2007 All my family members became Canadians. In 2008 I was called for interview with a Citizenship judge. I did the Citizenship test and met with a Citizenship Judge. I received an RQ. I filled the RQ and submitted it within 30 days. I have now ( nearly 3 years later !!! ) been called for a second interview. My questions are:

1. I have not resided in Canada since 2008 since my wife and little child have moved to our country as my father in law is in his 90s and my wife looks after him. Does this impact my immigration status ?

2. What could be the need for this interview ? Did CIC not have enough information to process my original application based on the RQ I have submitted ?

3. Will I need to take the Citizenship test again ?

Appreciate all help and answers from knowledgeable people ...
Bash
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premaman3 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote premaman3 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jan 2011 at 8:41pm
bash there was an arrest in montreal for some immigration consultants, they are invistigating allot of cases now. so may be you need to prove that you actually lived here.
received Dec 08 in process June 09 transferred Oct 09 Test through Kolbe . Oath:when the sun rises from the west
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canvis2006 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jan 2011 at 9:04pm
Have you thought of ordering your case file notes? They could shed more light on the cause of the delays.

Use this form:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5563B.pdf
(request the "Citizenship/Naturalization records")



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Bash View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bash Quote  Post ReplyReply Direct Link To This Post Posted: 16 Jan 2011 at 9:23am
Thank you for the feedback.

How long would CIC take to process the Case Notes request ? My Interview is on the 31st of Jan you think I will get these notes before then ?


Bash
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 16 Jan 2011 at 9:36am
Fax it to CIC's ATIP as soon as possible to get the request in.
Ordering is free of cost if you check the Privacy Act on the form.

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

Address:
-----------
Access to Information and Privacy Coordinator
Citizenship and Immigration Canada
Narono Building
360 Laurier Avenue West, 10th floor
Ottawa, Ontario
K1A 1L1

Tel: 613-946-0953
Fax: 613-957-6517
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Post Options Post Options   Thanks (0) Thanks(0)   Quote praveen Quote  Post ReplyReply Direct Link To This Post Posted: 16 Jan 2011 at 10:32am

Hi Bash,

Could you please shed some more light on your statement " In 2007 All my family members became Canadians. In 2008 I was called for interview with a Citizenship judge. I did the Citizenship test and met with a Citizenship Judge. I received an RQ. I filled the RQ and submitted it within 30 days."

What I understand that you appeared first in Citizenship test with your family and during test you have been issued RQ. You submitted all required documents for RQ within 30days and then later you were called interview with Judge. Till than you did not hear any progress of your file now again Judge wants you to hear you.

Am I right ? 

I believe second call for further confirmation of Judge to make final decision so don't worry but follow what canvis2006 advised.

Praveen
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Bash View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bash Quote  Post ReplyReply Direct Link To This Post Posted: 16 Jan 2011 at 5:53pm
I really appreciate all your feedback and in an effort to assist you to assist me here are more information about my situation background.

1. I am now 53 years old. I am a Telcom Engineer with over 28 years of experience in the Telecom Industry.
2. I applied for immigration to Canada in 1999 with my wife and 4 children.
3. I landed in July 2002 and established official residence in the West Island in Montreal.
4. My children attended schools in the west island and three of them went on to do their CGEP and two of them have completed their University studies with one currently still ongoing in Montreal.
5. I established a Telcom consultancy company in 2002 out of Montreal serving clients in Europe and the Middle East.
6. in 2006 My wife and the two eldest children applied for Citizenship having completed the 1095 days.
7. I applied at the end of 2006  separately as I have traveled and did not complete the 1095 days till later in the year.
8. My wife and two eldest children where called for their respective tests and obtained their citizenship in 2007. the two younger children got their citizenship based on their mother.
9. In June 2007 I applied an renewed my PR card as it was due for expiry. I received a new card valid up to 2012.
10 . I recieved a notice to appear infront of a citizenship judge in May 2008. I appeared for the interview but was asked to sit for the Citizenship test before hand.
11. After the test which was really easy, I met with the judge who basically told me " In any other court you are innocent till you are proven guilty ! In the Citizenship court the situation is reversed and thus you have to prove your eligibility for the Citizenship by filling the RQ."
12. Up to May 2008 I have had two properties in Montreal, Two Cars, Bank Accts, Bills everything. So I made a photocopy of everything that possibly could present my case in addition to my children school reports etc. I filed this with CIC office in Montreal within 30 days of my meeting with the Judge.
13. One section of the RQ I found interesting and I would like to mention it here, you are requested to list your immediate family members and their nationalities. This I felt was a very interesting requirement as it gave the CIC a view of potential family members that could in the future follow the applicant to Canada. What is interesting in my case is that the list of my immediate members where all Canadians ! My sisters are British and so is my mother ! My father is deceased. He actually passed away in 2009.
14. The judge made it clear when I met with him that his interest for the RQ was for the period of 2002 - 2006, the period I had declared residence in Canada. I asked him there and then what am I supposed to do while I waited for his decision since frankly I was not earning enough money to cover my large family requirements and I had many offers for on site consultancy work abroad. He made it clear that if I could prove the residency up to 2007 then should I can leave Canada thereafter and this should not have a reflection on my status.
15. In 2008 my father became rather ill and being the only son I was obliged to travel back to my country to be by his side. My wife and little son traveled with me.
16. In May 2009 my father passed away.
17. I am currently now managing my family business as well as fulfilling my consultancy work.
18. Through out this whole period I have continued to file Personal Tax returns for my self and my Consultancy company which has been earning roughly around 60 K CAD per year.
19. Further complication to our situation my father in law is now quite ill. He is 90 years old and my wife is looking after him as her mother is also sick.
20. My son is attending school in our country and I have a son at Montreal studying at University.
21. I sold one of my properties in Montreal but kept the other, as Montreal we consider as our home and we plan to live here when my youngest son comes to study for his University in a few years.
22. Frankly speaking my imigration to Canada was for the benefit of my children. I came to Canada at the age of 45 and my objective was to give my children a chance in a new world away from the troubles of our home country. This has been achieved.
23. I am not desperate for the Citizenship and my understanding is that I can continue to renew my PR card since I am living outside Canada married to a Canadian spouse and thus my days overseas count for the PR renewal process ( Clarification Appreciated on this point )

I am sorry if I dewelled on, but I felt it might be best to shed light on the whole case in the hope to receive some prudent advise on potential outcome of my second interview.

Bash
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canvis2006 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 16 Jan 2011 at 8:22pm
Yeah you'll still have your PR status due to CC spouse.

No matter what happens, be honest at the judge hearing regarding everything, i hope you'll succeed.
Good Luck
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 16 Jan 2011 at 10:23pm
Ditto, with emphasis.

Hard to say why things have gone this way (perhaps filing separately from family was among other factors that invited questions, but who knows), but appear and do your best. It should depend on residency during the relevant time frame leading up to your application, but your time away from Canada since is something that may influence how the judge evaluates the relevant facts. But, your PR is secure, and if eventually you need to reapply for citizenship you can after you are located back in Canada again.

The extent of the delay is interesting. If you learn more, please share what you learn here.

This should turn out well, but there are no guarantees.
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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Bash View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bash Quote  Post ReplyReply Direct Link To This Post Posted: 18 Jan 2011 at 5:42am
Appreciate all the feedback. I am planning on being very open with the Judge if I am given the chance. I have already initiated the process to obtain my Case Notes as advised above so that at least I will be in the know when I appear infront of the Judge and will be able to answer his questions properly.

One thought that crossed my mind, would I be asked to sit the Citizenship Test again ? Or might the Judge question me on some of the knowledge questions there and then ?

The Notice letter indicated that the Judge will be "evaluating my knowledge of English language and Knowledge of Canada"



Bash
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