the story is really unfortunate. how many seven-years are there in the life span. Good idea to do a documentary about all the hardships that immigrants go through to becoming citizens. government bureaucrats look upon human lives like they were grass.
7 years of suffering for waiting for my citizenship; can someone help me please
- Thread starter luckychai
- Start date
OP, Your case is unusual, have u checked atip?
I think your case is non-routine aka they have some are investigations on you, maybe somebody snitched on you if you committed abroad a gross crime.
I think your case is non-routine aka they have some are investigations on you, maybe somebody snitched on you if you committed abroad a gross crime.
Once my lawyer filed the second mandamus, a week later I got an e-mail from my MP. And here it is.
Hello (My name),
This is (his name) from MP (the name of MP)'s office. I wanted to let you know that a representative from the Ministerial Inquiries Division of Immigration, Refugees and Citizenship Canada has called me this afternoon with information about your application for Canadian citizenship.
The representative that I spoke to acknowledged the fact that this application had taken well longer than normal for a citizenship application. Due to this their office reached out to the St. Clair office that was processing it. She arranged for that office to re-work your criminal background verifications to extend their validity as the application was to be finalized. That, according to my phone call, was approved.
I was then told that you will now be scheduled for a May 24th ceremony. You should receive a letter from Immigration, Refugees and Citizenship Canada 10 days before the oath taking ceremony confirming this.
Over the phone I was instructed to call the Ministerial Inquiries Division again on May 8th to check back on this application to make sure that the letter confirming everything above either has been sent or has been drafted.
If you have any questions about what I was told today over the phone please feel free to email me directly and I will do my best to get answers for you.
(his name)
Constituency Assistant for
(the name of M.P.), M.P.
(the phone number)
( the –mail)
------------------------------------------------------------------------------------------------------------------------------
Then, I immediately forwarded it to my lawyer along with this e-mail
Hi (her name)
Is it real? It's not a dream, right? I am not dreaming, right?
Thanks
Sent: Thursday, April 20, 2017 at 1:55 PM
--------------------------------------------------------------------------------------------------------------------------
And this is her responded e-mail.
Hi (my name),
This is great news, definitely not a dream. However, I would be only cautiously optimistic until you have the letter stating the date for the ceremony. I have already been in touch with the lawyer for the Department of Justice who is looking into your file right now.
It seems like we will have a resolution soon.
Thanks.
( her name)
Barrister and Solicitor
Lawyer and Notary Public
-------------------------------------------------------------------------------------------------------------------
And the next day my lawyer sent me another e-mail.
Hi,
I just received the following e-mail from the Department of Justice which confirms what the MP's office told you!:
Good morning. I have been advised by my client that Mr. (my official name) will be advised by May 10, 2017 that his citizenship ceremony is scheduled for May 24, 2017.
Please confirm that once you receive notice of the ceremony, that you will discontinue this mandamus litigation. Thank you. (the name of a person from department of justice)
Please let me know once you receive your notice to appear for a citizenship hearing - so we can discontinue the Mandamus.
This is very good news!!!
(my lawyer’s name)
Barrister and Solicitor
Lawyer and Notary Public
I received the oath letter around May 8. However, I asked my lawyer to hold on to the mandamus until the day I will be taken the oath.
Hello (My name),
This is (his name) from MP (the name of MP)'s office. I wanted to let you know that a representative from the Ministerial Inquiries Division of Immigration, Refugees and Citizenship Canada has called me this afternoon with information about your application for Canadian citizenship.
The representative that I spoke to acknowledged the fact that this application had taken well longer than normal for a citizenship application. Due to this their office reached out to the St. Clair office that was processing it. She arranged for that office to re-work your criminal background verifications to extend their validity as the application was to be finalized. That, according to my phone call, was approved.
I was then told that you will now be scheduled for a May 24th ceremony. You should receive a letter from Immigration, Refugees and Citizenship Canada 10 days before the oath taking ceremony confirming this.
Over the phone I was instructed to call the Ministerial Inquiries Division again on May 8th to check back on this application to make sure that the letter confirming everything above either has been sent or has been drafted.
If you have any questions about what I was told today over the phone please feel free to email me directly and I will do my best to get answers for you.
(his name)
Constituency Assistant for
(the name of M.P.), M.P.
(the phone number)
( the –mail)
------------------------------------------------------------------------------------------------------------------------------
Then, I immediately forwarded it to my lawyer along with this e-mail
Hi (her name)
Is it real? It's not a dream, right? I am not dreaming, right?
Thanks
Sent: Thursday, April 20, 2017 at 1:55 PM
--------------------------------------------------------------------------------------------------------------------------
And this is her responded e-mail.
Hi (my name),
This is great news, definitely not a dream. However, I would be only cautiously optimistic until you have the letter stating the date for the ceremony. I have already been in touch with the lawyer for the Department of Justice who is looking into your file right now.
It seems like we will have a resolution soon.
Thanks.
( her name)
Barrister and Solicitor
Lawyer and Notary Public
-------------------------------------------------------------------------------------------------------------------
And the next day my lawyer sent me another e-mail.
Hi,
I just received the following e-mail from the Department of Justice which confirms what the MP's office told you!:
Good morning. I have been advised by my client that Mr. (my official name) will be advised by May 10, 2017 that his citizenship ceremony is scheduled for May 24, 2017.
Please confirm that once you receive notice of the ceremony, that you will discontinue this mandamus litigation. Thank you. (the name of a person from department of justice)
Please let me know once you receive your notice to appear for a citizenship hearing - so we can discontinue the Mandamus.
This is very good news!!!
(my lawyer’s name)
Barrister and Solicitor
Lawyer and Notary Public
I received the oath letter around May 8. However, I asked my lawyer to hold on to the mandamus until the day I will be taken the oath.
On May 24, 2017 I woke up early morning and I took the taxi to the destination. On the way, somehow on the bizarre reason the driver hit the speed pedal probably on the maximum limit out of his control while he was frightening of something. The car went off track and hit the fence and so on and suddenly everything went dark. I tried to hold on my consciousness and I told myself I had to go to the oath ceremony no matter what. I tried to open my eyes and it took me like 30-45 seconds to realize the surrounding. My head was spinning and I felt so strange. I looked around and I saw the wall and it was actually my bedroom. I was in my bed. Oh! I exclaimed; it was a bad dream again but that one seemed so real.
I looked at the alarm clock and it was still early to get ready for the appointment.
For some reasons, I felt very depressed and something went back and forth in my memories. I saw the face of my ex- German lover who loved me very much and he begged me to be with him before I first came to Canada in 2005. His last face on the last scene on the last day was so clear in my memories. The sad face with tears that I could never forget.Then, I saw the face of my ex-American lover whom I fell in love that much and something went wrong in the end. I saw the face of my Canadian common law partner whom I was with him in Nova Scotia for 5 years. I saw the face of my ex-Dutch spouse at the Amsterdam airport. Each face came to my memories like a broken record. I was crying extremely hard and my nose kept on running. My tissues were empty from the box and they were all over the bin.
They all loved me; I was loved so much by them especially my Canadian one whom put up with me for 5 years. I saw something during those time which I tried to deny it. But, he must have loved me that much to put up so….very much with my personal issues. He could, would, should have left me much earlier; but he chose not to do so. He instead chose to be with me through difficult times. And eventually after 5 years, he had to let me go.
Suddenly, my memories went back during my childhood; as a small boy I was being sexually abused so….many times by some classmates, neighbors, strangers and I had to bite my teeth not to scream. It was a sharp pain inside of me as my psychiatrist diagnosed me with PTSD. Oh! Stop it………….. stop………………stopppppppppppppppppppp; I tried to use the pillow cover my ears, my face to get rid of those memories.
Please............. Buddha help me I beg you to help me to overcome these pain, I can’t take it anymore. Please……………….please…….help me. I felt like I was drowning into the deep ocean and I tried to get to the surface to get some air. I felt like I was going to have a panic attack. I gather all my strength to pray to my Buddha “my dear Buddha, please let me survive another day to attend the oath ceremony”. At least let me become a Canadian citizen officially. Please..........please..........please let me be a Canadian citizen. I have been waiting for this day for so..............................long; please.......I beg you. He must have helped me because I felt so much better shortly after that.
I took 2 tablets of anti-depression instead of 1. And, I went to take shower and I let the hot water pouring to me longer than normal.
----------------------------------------------------------------------------------------------------------------------
As soon as I got out my place, I watched every step I made. I was afraid that the car would hit me, I was afraid that I would have an accident and I couldn’t take the citizenship oath. And, when I got into the subway station, I was afraid that I would fall into the train rack so I stand way behind against the wall. It was not just an anxiety it was a sign of a paranoia.
I was there almost an hour before the appointment. So I decided to sit in the coffee shop. I went to the 55 St. clair (citizenship ceremony place) 10 minutes before the time I supposed to be there. I saw many people in the waiting room. I showed my oath invitation letter along with other documents. It was like almost an hour that all the applicants have to be in the queue in the line. One staff has given each of us a piece of paper that the applicants must not have any convictions in the past 4-6 years (I don’t remember exactly) and not being on trial for any criminal activities. We have to sign to confirm it otherwise we cannot take the oath.
I went to the ceremony room and on my seat there was a bag with a small Canadian flag along with the letter from Prime minister and Minister of immigration. When all the applicants in the room, the clerk start to make a speech. Then, I saw the citizenship judge whom I had a hearing with appeared from the back. OMG I exclaimed quietly and told myself inside “the last person in the world that I wanted to see.” His smirk on that day came right in my memory.
He made a speech briefly and we had to stand up to take the oath before he announced each name from the seat to receive the citizenship certificate. When it was my turn and we had to shake hands; he was like “oh you finally made it congratulations blah…blah…”.
I knew he was being hypocrite and I tried not to have any conversations with him; so I just say thank you and went to the back room where I had to sign my name and receive something. When I came back to my seat, I noticed one small photo of me was with the certificate. The photo was taken in 2009 as my signature in the back of it. OMG it had been almost 8 years and I almost forgot how I looked like 8 years ago.
When everyone came back to the seat; we had to stand up again to sing the Canadian national anthem O Canada. After the ceremony was officially over; everyone was welcomed to take photos with anyone and chit-chat to one another. I saw many applicants with their families and I was by myself. Suddenly, I was thinking about my ex-Canadian common law partner. If we were still together; he would definitely be there. I couldn’t wait to leave the ceremony room as I started to feel something inside.
As soon as I got out from the building; I tried to call my ex-Canadian partner but there was only an answering machine. I didn’t tell him about the ceremony before until that day because I wanted to surprise him. I just wanted to call and say “hey you know what I am a Canadian citizen now”. But, there was only answering machine.
I came to my place and I immediately sent an e-mail to my ex-Canadian common law partner.
Subject: Re: Finally, Canadian
Hi (his name)
Finally, I am a Canadian. I am so happyyyyyyyyyyyyyyyyyyyyy.
You can't imagine how I feel right now.
I went for the oath of citizenship ceremony today in the afternoon and I just returned home.
I tried to call you to let you about this new so many times, but there was only answering machine.
I would like to thank to you very much for my wonderful day.
Without you from the get-go, I wouldn't be able to become a Canadian citizen.
As you know I have to be a permanent resident first in order to become a Canadian citizen.
And, as we know I was eligible to apply for a permanent resident because I was your common law partner.
And even our relationship failed after being together for 5 years, you have always been supported me through out the whole process of becoming a Canadian citizen.
So all the credit goes to you.
My dear ( his name), thank you very..... very...........very.....very much for all of your support.
I don't think I can find any words that great enough to explain my feeling at this moment.
And I also don't think I can find any words that great enough to describe my appreciation to you.
Thank you............thank you.....................and thank you.
Love
---------------------------------------------------------------------------------------------------------------------
I was mentally extremely tired after all. I held a certificate of citizenship tight and asked myself in the mirror “is this piece of paper that you’ve been fighting for”?
Is this piece of paper that you exchange everything to have it?
Is this piece of paper that you almost commit suicide to have?
Is this piece of paper that you must lost almost everything in your life to have?
Is it really worth it?
The answer of every questions is “YES”.
I put all my effort to have it.
I did my utmost best to achieve it.
I lost my self-esteem in the process.
I must give up my marriage along the way for a Canadian citizenship.
I lost almost everything in my life just for one piece of paper; and it’s called a Canadian citizenship certificate.
It was like late afternoon 4-5 p.m. and I almost collapsed. I took 2-3 tablets to help me to sleep; I supposed to take only one. But, I knew one was not going to be enough. I went to my bed and one of my hands held a certificate; and I went completely blank.
---------------------------------------------------------------------------------------------------------------
End of my story
I looked at the alarm clock and it was still early to get ready for the appointment.
For some reasons, I felt very depressed and something went back and forth in my memories. I saw the face of my ex- German lover who loved me very much and he begged me to be with him before I first came to Canada in 2005. His last face on the last scene on the last day was so clear in my memories. The sad face with tears that I could never forget.Then, I saw the face of my ex-American lover whom I fell in love that much and something went wrong in the end. I saw the face of my Canadian common law partner whom I was with him in Nova Scotia for 5 years. I saw the face of my ex-Dutch spouse at the Amsterdam airport. Each face came to my memories like a broken record. I was crying extremely hard and my nose kept on running. My tissues were empty from the box and they were all over the bin.
They all loved me; I was loved so much by them especially my Canadian one whom put up with me for 5 years. I saw something during those time which I tried to deny it. But, he must have loved me that much to put up so….very much with my personal issues. He could, would, should have left me much earlier; but he chose not to do so. He instead chose to be with me through difficult times. And eventually after 5 years, he had to let me go.
Suddenly, my memories went back during my childhood; as a small boy I was being sexually abused so….many times by some classmates, neighbors, strangers and I had to bite my teeth not to scream. It was a sharp pain inside of me as my psychiatrist diagnosed me with PTSD. Oh! Stop it………….. stop………………stopppppppppppppppppppp; I tried to use the pillow cover my ears, my face to get rid of those memories.
Please............. Buddha help me I beg you to help me to overcome these pain, I can’t take it anymore. Please……………….please…….help me. I felt like I was drowning into the deep ocean and I tried to get to the surface to get some air. I felt like I was going to have a panic attack. I gather all my strength to pray to my Buddha “my dear Buddha, please let me survive another day to attend the oath ceremony”. At least let me become a Canadian citizen officially. Please..........please..........please let me be a Canadian citizen. I have been waiting for this day for so..............................long; please.......I beg you. He must have helped me because I felt so much better shortly after that.
I took 2 tablets of anti-depression instead of 1. And, I went to take shower and I let the hot water pouring to me longer than normal.
----------------------------------------------------------------------------------------------------------------------
As soon as I got out my place, I watched every step I made. I was afraid that the car would hit me, I was afraid that I would have an accident and I couldn’t take the citizenship oath. And, when I got into the subway station, I was afraid that I would fall into the train rack so I stand way behind against the wall. It was not just an anxiety it was a sign of a paranoia.
I was there almost an hour before the appointment. So I decided to sit in the coffee shop. I went to the 55 St. clair (citizenship ceremony place) 10 minutes before the time I supposed to be there. I saw many people in the waiting room. I showed my oath invitation letter along with other documents. It was like almost an hour that all the applicants have to be in the queue in the line. One staff has given each of us a piece of paper that the applicants must not have any convictions in the past 4-6 years (I don’t remember exactly) and not being on trial for any criminal activities. We have to sign to confirm it otherwise we cannot take the oath.
I went to the ceremony room and on my seat there was a bag with a small Canadian flag along with the letter from Prime minister and Minister of immigration. When all the applicants in the room, the clerk start to make a speech. Then, I saw the citizenship judge whom I had a hearing with appeared from the back. OMG I exclaimed quietly and told myself inside “the last person in the world that I wanted to see.” His smirk on that day came right in my memory.
He made a speech briefly and we had to stand up to take the oath before he announced each name from the seat to receive the citizenship certificate. When it was my turn and we had to shake hands; he was like “oh you finally made it congratulations blah…blah…”.
I knew he was being hypocrite and I tried not to have any conversations with him; so I just say thank you and went to the back room where I had to sign my name and receive something. When I came back to my seat, I noticed one small photo of me was with the certificate. The photo was taken in 2009 as my signature in the back of it. OMG it had been almost 8 years and I almost forgot how I looked like 8 years ago.
When everyone came back to the seat; we had to stand up again to sing the Canadian national anthem O Canada. After the ceremony was officially over; everyone was welcomed to take photos with anyone and chit-chat to one another. I saw many applicants with their families and I was by myself. Suddenly, I was thinking about my ex-Canadian common law partner. If we were still together; he would definitely be there. I couldn’t wait to leave the ceremony room as I started to feel something inside.
As soon as I got out from the building; I tried to call my ex-Canadian partner but there was only an answering machine. I didn’t tell him about the ceremony before until that day because I wanted to surprise him. I just wanted to call and say “hey you know what I am a Canadian citizen now”. But, there was only answering machine.
I came to my place and I immediately sent an e-mail to my ex-Canadian common law partner.
Subject: Re: Finally, Canadian
Hi (his name)
Finally, I am a Canadian. I am so happyyyyyyyyyyyyyyyyyyyyy.
You can't imagine how I feel right now.
I went for the oath of citizenship ceremony today in the afternoon and I just returned home.
I tried to call you to let you about this new so many times, but there was only answering machine.
I would like to thank to you very much for my wonderful day.
Without you from the get-go, I wouldn't be able to become a Canadian citizen.
As you know I have to be a permanent resident first in order to become a Canadian citizen.
And, as we know I was eligible to apply for a permanent resident because I was your common law partner.
And even our relationship failed after being together for 5 years, you have always been supported me through out the whole process of becoming a Canadian citizen.
So all the credit goes to you.
My dear ( his name), thank you very..... very...........very.....very much for all of your support.
I don't think I can find any words that great enough to explain my feeling at this moment.
And I also don't think I can find any words that great enough to describe my appreciation to you.
Thank you............thank you.....................and thank you.
Love
---------------------------------------------------------------------------------------------------------------------
I was mentally extremely tired after all. I held a certificate of citizenship tight and asked myself in the mirror “is this piece of paper that you’ve been fighting for”?
Is this piece of paper that you exchange everything to have it?
Is this piece of paper that you almost commit suicide to have?
Is this piece of paper that you must lost almost everything in your life to have?
Is it really worth it?
The answer of every questions is “YES”.
I put all my effort to have it.
I did my utmost best to achieve it.
I lost my self-esteem in the process.
I must give up my marriage along the way for a Canadian citizenship.
I lost almost everything in my life just for one piece of paper; and it’s called a Canadian citizenship certificate.
It was like late afternoon 4-5 p.m. and I almost collapsed. I took 2-3 tablets to help me to sleep; I supposed to take only one. But, I knew one was not going to be enough. I went to my bed and one of my hands held a certificate; and I went completely blank.
---------------------------------------------------------------------------------------------------------------
End of my story
Last edited:
@luckychai
The predicament you went through and the emotional turmoil you underwent ought be compensated financially by IRCC.
Well, the government pays off (like 50M bucks) a certain group of people for being incarcerated due to involvement on illegal activities relating to but not limited with religion.
Why not you! We all know it’s a shot to the moon, but if you hit, you’ll be generously reimbursed.
The predicament you went through and the emotional turmoil you underwent ought be compensated financially by IRCC.
Well, the government pays off (like 50M bucks) a certain group of people for being incarcerated due to involvement on illegal activities relating to but not limited with religion.
Why not you! We all know it’s a shot to the moon, but if you hit, you’ll be generously reimbursed.
You can go ahead for all eternity justifying IRCC's actions against this man's case, claiming there's another side to the story or that there are vast majority of applicant with quicker positive outcome, fact remains, we will never know what's their side to this whole fiasco.
Why? because IRCC failed!!. and they know it, but will never admit any wrong doing!! or confess to their power play!!. infact down to the responsible immigration officer, nobody will admit any wrong doing!!
And oh! Why don't we just simply take seven years of their lives, and put it on hold!?, apply the same rules they judged this man by, and see how they react?
Unfortunately, no one is currently held accountable for the role they played in this mess, now that the smoke is all cleared, they always hide behind their powers, in order to torment few innocent applicants out there, because they dig into irrelevant facts of applicant lives, when assessing them, or they just don't want to understand applicant's real situation and simply scared of the unknown.
The outline conclusion of my whole story.
1. I had been in Canada for more than 1,095 days legally in the past 4 years (3 years out of 4 years) before I submitted the application. It was the rules at that time in 2009.
2. I answered all the questions of my citizenship application truthfully and I declared 8 days of my absence from Canada.
3. I went to the citizenship test in March, 2011 in Halifax, Nova Scotia and I got the perfect score 20 out of 20.I studied the citizenship test online very hard and I practiced every night 2-3 hours for about 2-3 weeks before the test.
4. After the test, I was interviewed by the female official and everything was fine until she found out something about my personal life. Then, she gave me a resident questionnaire despite the fact that I was absent from the country only 8 days during the relevant period of time.
5. I gathered all the documents to support my residency in Canada and submitted to her within 2 weeks (that what she informed me to do), it was about end of March, 2011.
6. Since March 2011; I had never heard anything from the IRCC at all whatsoever until I filed the mandamus around October 2016. It was a 5 years gap. I, my MP, my representatives were the one whom kept contacting them from 2012-2016. We contacted them like hundred times. At one point they told us to back off.
7. In 2015 after 4 years I took the citizenship test; they told me my file was pending due to background check. And my MP ordered the ATIP for the first time with my consent around June-July 2015.
8. The assistant or the secretary of my MP at that time (Matthew from NDP party) informed me there was nothing I or they could do other than waiting. Let’s call the MP’s assistant as Mindy. She told me to contact her again in months. I did so and she informed me what the IRCC informed her “my file was still pending due to background check”. I specifically asked her what else I could do or other options I had other than waiting without knowing when my application would be finalized. She told me there was nothing that I could do, there was no other options for me. She even told me the IRCC has unlimited power and they can take their times as long as they want to check my background. That was not true because I could take them to the federal court by filing mandamus. She never told me about mandamus or federal court; and I didn’t even know anything about that at all until September 2016. Therefore, I was under the wrong impression that the IRCC has unlimited power.
9. My representatives from private immigration company that I hired also did the same thing around the same time as my MP did, they told me the same “my file was pending due to back ground check”.
10. Out of my desperation and didn’t know what to do; I wrote the letters and sent through regular mail and e-mail to Minister of immigration at that time (Mr. Alexander)and also to the Prime Minister Mr. Harper. I asked them to help me because I was being treated so unfairly from their bureaucrats. I only got a standard reply by e-mail that they could not intervene and my file was being held due to background check (the detail of background check had never been informed).
11. After the federal election 2015, I had the new MP because Mathew from NDP lost the seat to Nat from liberal party. We also got the new Prime Minister Mr. Trudeau and the new Minister of immigration Mr. McCallum. I did the same things by sending both of them letters through regular mail and e-mail. I also got the standard reply like they couldn’t intervene.
12. I contacted my new MP and his assistant (let’s call her Anna) took all my information and the details and promised to get back to me as soon as possible. Yes, they got back to me with the same old stories that I heard like thousand times before (back ground check). The details of it couldn’t be revealed. Therefore, we had never known what kind of background check was (at that time).
13. Around early 2016, I contacted Anna again and she told me the same (it was stuck with background check). Around April or May, the ecas status had been changed from in process to complete. I was very happy because I thought the whole process was over.
14. My representatives contacted the IRCC, and they were informed my application was still in process. When the decision would be made was unknown. I also contacted Anna again, and she said she would contact the IRCC for an update. She informed me the reason that my application had been delayed could not be revealed to her due to privacy act. Anna also told me the immigration official couldn’t discuss with her about what the issues were. The only thing she could tell me what the official told her was “Only I (the applicant) knew why the application had been delayed”.
Only I knew ,
Really???????????????????
15. Around September 2016, I found out about mandamus from this forum and I asked for an advice. I got several name of the immigration lawyers and I picked one. I agreed to hire her to file mandamus. The fee was 2-3 times cheaper than the big name law firm.
16. Once we filed mandamus, about one month later I got a letter for the citizenship judge hearing.
17 I went for the hearing with my lawyer’s colleague (also an immigration lawyer) in December 14, 2016. The mandamus was discontinued because the citizenship judge was going to make the decision in 60 days.
18 Around February 11-12, 2017 the decision had been made, it showed on the ecas. The citizenship judge took 59-60 days within his maximum time limit to approve my application. My file was granted and forwarded to ceremony department
19. My lawyer sent a letter to the local immigration office to speed up the oath ceremony. She enclosed the health medical report from Ministry of health and wrote many reasons why I should have the oath ceremony as soon as possible. She asked the local immigration office to response to her within 15 days. She also advised me to ask my MP for the help speeding up the ceremony. We waited for a month, and there was no response from them. It had been like 2-3 months after my file was granted. One of the immigration representatives told me on the phone my oath dated wasn’t set up yet. It could be years because there was no time frame limit for that.
20. My lawyer and I decided to file the second mandamus. After that, about 7- 10 days later my MP sent me an e-mail that my oath ceremony would be on May 24, 2017; and I should get the oath letter 2-3 weeks before that date. The next day my lawyer sent an e-mail informed me the new from the department of justice confirmed the exact same thing what my MP told me.
21. I went to the oath ceremony on May 24, 2017 and I became a Canadian citizen since then. The long journey with suffer for 7 and a half years was finally over.
------------------------------------------------------------------------------------------------------------------------------
1. I had been in Canada for more than 1,095 days legally in the past 4 years (3 years out of 4 years) before I submitted the application. It was the rules at that time in 2009.
2. I answered all the questions of my citizenship application truthfully and I declared 8 days of my absence from Canada.
3. I went to the citizenship test in March, 2011 in Halifax, Nova Scotia and I got the perfect score 20 out of 20.I studied the citizenship test online very hard and I practiced every night 2-3 hours for about 2-3 weeks before the test.
4. After the test, I was interviewed by the female official and everything was fine until she found out something about my personal life. Then, she gave me a resident questionnaire despite the fact that I was absent from the country only 8 days during the relevant period of time.
5. I gathered all the documents to support my residency in Canada and submitted to her within 2 weeks (that what she informed me to do), it was about end of March, 2011.
6. Since March 2011; I had never heard anything from the IRCC at all whatsoever until I filed the mandamus around October 2016. It was a 5 years gap. I, my MP, my representatives were the one whom kept contacting them from 2012-2016. We contacted them like hundred times. At one point they told us to back off.
7. In 2015 after 4 years I took the citizenship test; they told me my file was pending due to background check. And my MP ordered the ATIP for the first time with my consent around June-July 2015.
8. The assistant or the secretary of my MP at that time (Matthew from NDP party) informed me there was nothing I or they could do other than waiting. Let’s call the MP’s assistant as Mindy. She told me to contact her again in months. I did so and she informed me what the IRCC informed her “my file was still pending due to background check”. I specifically asked her what else I could do or other options I had other than waiting without knowing when my application would be finalized. She told me there was nothing that I could do, there was no other options for me. She even told me the IRCC has unlimited power and they can take their times as long as they want to check my background. That was not true because I could take them to the federal court by filing mandamus. She never told me about mandamus or federal court; and I didn’t even know anything about that at all until September 2016. Therefore, I was under the wrong impression that the IRCC has unlimited power.
9. My representatives from private immigration company that I hired also did the same thing around the same time as my MP did, they told me the same “my file was pending due to back ground check”.
10. Out of my desperation and didn’t know what to do; I wrote the letters and sent through regular mail and e-mail to Minister of immigration at that time (Mr. Alexander)and also to the Prime Minister Mr. Harper. I asked them to help me because I was being treated so unfairly from their bureaucrats. I only got a standard reply by e-mail that they could not intervene and my file was being held due to background check (the detail of background check had never been informed).
11. After the federal election 2015, I had the new MP because Mathew from NDP lost the seat to Nat from liberal party. We also got the new Prime Minister Mr. Trudeau and the new Minister of immigration Mr. McCallum. I did the same things by sending both of them letters through regular mail and e-mail. I also got the standard reply like they couldn’t intervene.
12. I contacted my new MP and his assistant (let’s call her Anna) took all my information and the details and promised to get back to me as soon as possible. Yes, they got back to me with the same old stories that I heard like thousand times before (back ground check). The details of it couldn’t be revealed. Therefore, we had never known what kind of background check was (at that time).
13. Around early 2016, I contacted Anna again and she told me the same (it was stuck with background check). Around April or May, the ecas status had been changed from in process to complete. I was very happy because I thought the whole process was over.
14. My representatives contacted the IRCC, and they were informed my application was still in process. When the decision would be made was unknown. I also contacted Anna again, and she said she would contact the IRCC for an update. She informed me the reason that my application had been delayed could not be revealed to her due to privacy act. Anna also told me the immigration official couldn’t discuss with her about what the issues were. The only thing she could tell me what the official told her was “Only I (the applicant) knew why the application had been delayed”.
Only I knew ,
Really???????????????????
15. Around September 2016, I found out about mandamus from this forum and I asked for an advice. I got several name of the immigration lawyers and I picked one. I agreed to hire her to file mandamus. The fee was 2-3 times cheaper than the big name law firm.
16. Once we filed mandamus, about one month later I got a letter for the citizenship judge hearing.
17 I went for the hearing with my lawyer’s colleague (also an immigration lawyer) in December 14, 2016. The mandamus was discontinued because the citizenship judge was going to make the decision in 60 days.
18 Around February 11-12, 2017 the decision had been made, it showed on the ecas. The citizenship judge took 59-60 days within his maximum time limit to approve my application. My file was granted and forwarded to ceremony department
19. My lawyer sent a letter to the local immigration office to speed up the oath ceremony. She enclosed the health medical report from Ministry of health and wrote many reasons why I should have the oath ceremony as soon as possible. She asked the local immigration office to response to her within 15 days. She also advised me to ask my MP for the help speeding up the ceremony. We waited for a month, and there was no response from them. It had been like 2-3 months after my file was granted. One of the immigration representatives told me on the phone my oath dated wasn’t set up yet. It could be years because there was no time frame limit for that.
20. My lawyer and I decided to file the second mandamus. After that, about 7- 10 days later my MP sent me an e-mail that my oath ceremony would be on May 24, 2017; and I should get the oath letter 2-3 weeks before that date. The next day my lawyer sent an e-mail informed me the new from the department of justice confirmed the exact same thing what my MP told me.
21. I went to the oath ceremony on May 24, 2017 and I became a Canadian citizen since then. The long journey with suffer for 7 and a half years was finally over.
------------------------------------------------------------------------------------------------------------------------------
My remarks,
When I went for the citizenship test and I had the interview with the immigration official in March 2011; my file was in order and I have met all the requirements. The IRCC must have checked everything before the called me in. It shows on the ATIP record that I passed RCMP, CSIS in 2010 and they were still valid until 2012. They also had the record from CBSA which perfectly match with the stamps of my passport that I were in Canada for more than 1095 days during the relevant period of time. I passed the test, then I shall be granted for the citizenship according to the citizenship act.
However, that was not in my case. I was given RQ despite the fact that I was absent from the country only 8 days during the relevant period. That was the only thing and the only way I couldn’t become a Canadian citizen at that time.
Why ………..? and what in the world ………what was the reason she gave me RQ??????????
She knew and she couldn’t dispute anything about my residency because the CBSA record was matched with the stamps of my passport. There was nothing missing in my file.
Where was the logic to be given RQ in my case?
When I had the copy of my whole citizenship file; I saw some indications like they circle some transactions in my bank statements. It was the RQ documents; it meant they must have checked my supporting documents for RQ carefully. It stated on the ATIP; the citizenship judge hearing was not required after they received my RQ documents in 2011. It meant they must have been satisfied with my evidence. Otherwise, they would have passed my file to the citizenship judge.
From 2012-2016; they told me the only issue in my file was security background check (not my residency). So why………………………they called for the citizenship judge hearing in 2016 instead of making decision after I filed mandamus ?
And we all know the citizenship judge hearing is about residency (1095 days) only. It didn’t make any senses at all because they had determined that the citizenship judge hearing was not required in 2011-2012 in Halifax.
And when something doesn’t make sense; it’s usually rubbish.
You know what it makes sense?
If they called for the citizenship judge hearing after I submitted the RQ documents in 2011; they would have only 60 days to make the decision. And the evidences to support my residency in Canada were too strong for them to reject my application. That was why they had to go the other way around.
They knew about my personal life. And they probably didn’t like it. They knew by law they couldn’t take it personal officially. But, they could go around and could do something else instead. They knew I went to Europe in 2013 to be with my Belgium spouse. The CBSA had my record and I was very open about it. The CBSA officer even asked me whether I would return to Canada again. And if the CBSA knew; the IRCC must have known as well because they worked together.
The only thing that they could reject my application was I must have lost my Canadian permanent resident status before my Canadian citizenship application was finalized. And if I didn’t return to Canada; I would have lost it according to the rule (2 years out of 5 years). This makes sense to me. The IRCC wanted to buy more times by using background check as an excuse; it made most sense to me.
That was such an abusive conduct, it was such a bad faith act.
They acted in such a reprehensible manner. They abused their power; they abused the system.
Quote of the century from the citizenship judge
“the reason that you citizenship file has been delayed because the IRCC had some concern with your tourist visa refusal at Hungary embassy in Thailand in October 2010”
That was the only reason he told me right on the beginning of the hearing.
Really??????????????????
So the IRCC took 5-6 years to investigate that. Tourist visa refusal was not even fall into the category of prohibitions to become a Canadian citizen. So what has got to do with my Canadian citizenship application?
My dear IRCC,
What kind of idiot you think I am that I am going believe it?
No one with the right mind would believe that statement. I don’t even think you believe that yourself. If you told me you have some concerns with my personal lifestyle; I would have believed it.
And, that would be believable.
I don’t have to be genius to figure it out in the end; all I need is a common sense. Actually, my common sense started to dictate to me long ago that there was something fishy going on in the process; but I didn’t know what to do.
It is bad enough for applicants to abuse the system; it is worse for the immigration officials to do so. We all have to respect the system no matter who we are. The system is not meant to be abused. And, when the officials abuse the system, it should be a penalty as well.
I always admire Canada because it is the first world country. I always admire the Canadian system, the Canadian government because I believe in the quality of the system of Canada. I put the high price for Canada. I have never thought that there would be some kind of abusive conduct from the officials until this incident.
I don’t think there was anything wrong with the system but the officials who abused their power. In my case there was someone in the ministry of immigration really abused their power.
And I have one question for them; how can you sleep at night?
When I went for the citizenship test and I had the interview with the immigration official in March 2011; my file was in order and I have met all the requirements. The IRCC must have checked everything before the called me in. It shows on the ATIP record that I passed RCMP, CSIS in 2010 and they were still valid until 2012. They also had the record from CBSA which perfectly match with the stamps of my passport that I were in Canada for more than 1095 days during the relevant period of time. I passed the test, then I shall be granted for the citizenship according to the citizenship act.
However, that was not in my case. I was given RQ despite the fact that I was absent from the country only 8 days during the relevant period. That was the only thing and the only way I couldn’t become a Canadian citizen at that time.
Why ………..? and what in the world ………what was the reason she gave me RQ??????????
She knew and she couldn’t dispute anything about my residency because the CBSA record was matched with the stamps of my passport. There was nothing missing in my file.
Where was the logic to be given RQ in my case?
When I had the copy of my whole citizenship file; I saw some indications like they circle some transactions in my bank statements. It was the RQ documents; it meant they must have checked my supporting documents for RQ carefully. It stated on the ATIP; the citizenship judge hearing was not required after they received my RQ documents in 2011. It meant they must have been satisfied with my evidence. Otherwise, they would have passed my file to the citizenship judge.
From 2012-2016; they told me the only issue in my file was security background check (not my residency). So why………………………they called for the citizenship judge hearing in 2016 instead of making decision after I filed mandamus ?
And we all know the citizenship judge hearing is about residency (1095 days) only. It didn’t make any senses at all because they had determined that the citizenship judge hearing was not required in 2011-2012 in Halifax.
And when something doesn’t make sense; it’s usually rubbish.
You know what it makes sense?
If they called for the citizenship judge hearing after I submitted the RQ documents in 2011; they would have only 60 days to make the decision. And the evidences to support my residency in Canada were too strong for them to reject my application. That was why they had to go the other way around.
They knew about my personal life. And they probably didn’t like it. They knew by law they couldn’t take it personal officially. But, they could go around and could do something else instead. They knew I went to Europe in 2013 to be with my Belgium spouse. The CBSA had my record and I was very open about it. The CBSA officer even asked me whether I would return to Canada again. And if the CBSA knew; the IRCC must have known as well because they worked together.
The only thing that they could reject my application was I must have lost my Canadian permanent resident status before my Canadian citizenship application was finalized. And if I didn’t return to Canada; I would have lost it according to the rule (2 years out of 5 years). This makes sense to me. The IRCC wanted to buy more times by using background check as an excuse; it made most sense to me.
That was such an abusive conduct, it was such a bad faith act.
They acted in such a reprehensible manner. They abused their power; they abused the system.
Quote of the century from the citizenship judge
“the reason that you citizenship file has been delayed because the IRCC had some concern with your tourist visa refusal at Hungary embassy in Thailand in October 2010”
That was the only reason he told me right on the beginning of the hearing.
Really??????????????????
So the IRCC took 5-6 years to investigate that. Tourist visa refusal was not even fall into the category of prohibitions to become a Canadian citizen. So what has got to do with my Canadian citizenship application?
My dear IRCC,
What kind of idiot you think I am that I am going believe it?
No one with the right mind would believe that statement. I don’t even think you believe that yourself. If you told me you have some concerns with my personal lifestyle; I would have believed it.
And, that would be believable.
I don’t have to be genius to figure it out in the end; all I need is a common sense. Actually, my common sense started to dictate to me long ago that there was something fishy going on in the process; but I didn’t know what to do.
It is bad enough for applicants to abuse the system; it is worse for the immigration officials to do so. We all have to respect the system no matter who we are. The system is not meant to be abused. And, when the officials abuse the system, it should be a penalty as well.
I always admire Canada because it is the first world country. I always admire the Canadian system, the Canadian government because I believe in the quality of the system of Canada. I put the high price for Canada. I have never thought that there would be some kind of abusive conduct from the officials until this incident.
I don’t think there was anything wrong with the system but the officials who abused their power. In my case there was someone in the ministry of immigration really abused their power.
And I have one question for them; how can you sleep at night?
this unfortunate story should be known. the seven year waiting should not be wasted in vain.
Hello Luckychai,
I PM'd you requesting the info of the lawyer you used. I'm in the exact same predicament as you. 7 years...33% of my life just waiting. Your help will be appreciated.
I PM'd you requesting the info of the lawyer you used. I'm in the exact same predicament as you. 7 years...33% of my life just waiting. Your help will be appreciated.
After I finished writing my story; I seldom come back to this site again. There was something made me signed in today (just now), and I saw your private message. I gave you my lawyer's contact and I hope she will be able to help you.
By the way, maybe you can share your story as well.
Good luck