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hbbus488 View Drop Down
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Joined: 07 Sep 2012
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Post Options Post Options   Thanks (0) Thanks(0)   Quote hbbus488 Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2012 at 2:49am
Hi freemytax
what is your status now?  did you get the citizenship ?   I just received a letter telling that my file has been forwarded to the hearings area.  i am thinking to hire a lawyer helping on my case
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chudir bhai View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote chudir bhai Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2012 at 10:56am
if someone has a real, actual, god damn honest 1095 physical days of presence, there is nothing to worry about.

You can lie to the whole world, but please be honest to your self atleast when you apply for citizenship. at least this much of honesty is demanded from you.
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hbbus488 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote hbbus488 Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2012 at 10:14pm
Actually, i have met the 1095 physical days of presence and it is more than that.  I got RQ and provided documents such as T4, bank statments, house certificate, utility bills......but finally, they informed me i have to see CJ.  there is no CJ schedule provided on the mail.  they just mentioned that i will be informed within 19 -24 months
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pipedream View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pipedream Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2012 at 7:51am
Originally posted by hbbus488 hbbus488 wrote:

Actually, i have met the 1095 physical days of presence and it is more than that.  I got RQ and provided documents such as T4, bank statments, house certificate, utility bills......but finally, they informed me i have to see CJ.  there is no CJ schedule provided on the mail.  they just mentioned that i will be informed within 19 -24 months


Boy it is kind of scary, even I got the RQ and i just have 1104 days...what could be the real reason for directing to the CJ...do you have any idea why they forwarded your application to the CJ...please let us know...
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Glimmer View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Glimmer Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2012 at 11:26am
Originally posted by hbbus488 hbbus488 wrote:

Actually, i have met the 1095 physical days of presence and it is more than that.  I got RQ and provided documents such as T4, bank statments, house certificate, utility bills......but finally, they informed me i have to see CJ.  there is no CJ schedule provided on the mail.  they just mentioned that i will be informed within 19 -24 months


Hi hbbus488, I see that in earlier posts you were asking how to apply for the CBSA report, health records, etc.  Did the RQ letter or form you received ask you for those documents but you didn't send them?  I am wondering if that might be part of the reason you've been referred to the CJ.
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pipedream View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pipedream Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2012 at 11:52am
Just got an update from CIC agent...she was telling that the waiting time for scarborough office is 18 months...after submitting RQ docs...Can you believe that....just sucks...man 18 months...
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SK View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SK Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2012 at 12:18pm
Can one put in second application ..while the first one is in process.......and may be the third.....
 
[QUOTE=dpenabill]NOTE: a person can BOTH appeal the denial of citizenship AND at the same time pursue a new application for citizenship.

No need to choose one route over the other: you can do both. I don't have the time to research and link my source for this information, but I am quite confident I am recalling this correctly.
-- If the appeal results in the grant of citizenship before the new application is decided, the new application is simply deemed withdrawn.
-- If the new application results in a grant of citizenship before the appeal is decided, the appeal is dismissed as withdrawn.
-- If the appeal is dismissed (lost) before the new application is decided, the new application simply remains in process until a decision is made on that application.
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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: 12 Sep 2012 at 12:23pm
Quote Can one put in second application ..while the first one is in process.......and may be the third.....


Not while one is in process . . . I think (not sure).

If an application is being appealed, another application may be made. That, anyway, is my understanding.

Second application will almost certainly result in RQ it seems.

General note: Applicants who are abroad for an extended period of time, and especially applicants residing or working abroad, seem to be far more likely to be relegated to the long, long queue waiting to see a CJ in person. Some such applicants are probably flagged in FOSS so that upon their attempt to re-enter Canada they are likely to be examined relative to the PR residency obligation. Remember: an applicant for citizenship must remain admissible, so a failure to comply with the PR residency obligation at any time right up to the taking of the oath can result in a rejection.
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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Northy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Northy Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2012 at 12:32pm
@ dpenabill, But if the person had completed 2 years of physical residency for PR and had also fulfilled the citizenship requirements and can prove both at POE and still maintains ties in Canada, then it shouldn't face inadmissibility. Seeing a CJ could certainly be required.
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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: 12 Sep 2012 at 9:47pm
I was just noting that CIC appears to be especially scrutinizing applicants who appear to have moved abroad pending the processing of their citizenship application. If the process takes three years, and they have been living abroad most of that time, PR residency obligation issues may arise.

And, indeed, this appears to be something CIC looks for. There are a few cases related to this in the Federal Court decisions, ranging from a PR denied a Travel Document to facilitate travel to return to Canada to attend the oath ceremony, the denial of the TD upheld, resulting in the loss of PR status, and thus no citizenship, and ranging to a case where an individual was issued a removal order pending the processing of the citizenship application, then the CJ denied citizenship based on the individual being "under a removal order" (and thus ineligible for citizenship) even though that PR claimed the removal order was wrongfully issued and was under appeal, claiming at the least that the CJ should have waited to decide until the appeal of the removal order had been resolved (the applicant anticipating winning the appeal of the removal order) -- rejection upheld.

I do not know that CIC deliberately targets applicants who spend a lot of time abroad after applying, I do not that is the case, but more than a few people here over the course of the last couple years have speculated that applicants who have extended absences abroad after applying have their application processing routinely delayed for a very long time. I don't know. We do see it happen, but how often it is hard to say. I know that if there is a problem in delivering notice to an applicant, that seems to trigger a suspicion that the individual does not really reside where they said they were residing, probably because they are abroad, with all sorts of predictable conclusions flowing from that (I have a friend/associate whose case took six years, and the only complicating factor was a change in address resulting in missing one mailing).

But, true enough, anyone who meets the residency requirement for citizenship, and then properly stays in compliance with their obligations as a PR, should not have a problem. And, I will be honest: I do not think they do have problems, that the vast majority of people who have problems because of something problematic about their case . . . sure, like the individual I just mentioned, whose application took six years, there are some isolated cases which are off the charts, but I really think that is quite rare.
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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