Can I resubmit an old citizenship application?

[acan2367]

Hi All,
After a weeks of talking to people and lawyers who do not seem to understand what is going on, I am desperate for some help and guidance. To make it easier, I am going to outline in point form my points:

Overview
-Submitted application for citizenship in Aug 2014
-We moved homes, application got lost, got suspended and had to reopen in June 2016
-Asked to submit "missing days" in Sept 2016
-Not sure of the steps in between, but had to go to an officer to provide identifications, etc (Oct 2016)
-Got asked to meet with an immigration Judge Feb 2017
-Application denied due to not enough days (stating over 100 days short, which you will read below is incorrect)
-Put an appeal from a useless lawyer within the appeal timeframe
-Looked over the application again for the millionth time and it appears that there WERE enough days and the calculations were based on 2 different days. This is something myself, a second person, a lawyer, AND immigration officers overlooked.

Calculation of days
We made the day calculations based on July 31, 2014, but signed it on Aug 12th, 2014. The days that immigration Canada used to calculate was Aug 12, 2014, but did not do it properly, because even with making their adjustments, there are exactly 1095 days
-Based on the old application form, it clearly states "if the number in section A is less than 1095, please proceed to section B."
-We proceeded to section B and filled the days EXACTLY as the example stated and it calculates to EXACTLY 1095.

I spoke to a few immigration lawyers, and they didn't seem to understand. One lawyer was helpful and said there is a clear mistake, and I should resubmit the OLD application again, along with a letter stating that this should not have been an appeal in the first place. He said he would just do it, but I am hesitant to pay another $5K for something I'm not sure is incorrect.

Can someone help me please, because this is just crazy. Is is true you can submit an old application?

Thank you so much in advance.

 

[scylla]

I don't agree with the lawyer. If there was a mistake in the old application - then the only option would have been to appeal the decision. If you want to submit an application again, it needs to be a new one based on the date now.

 

[acan2367]

Hi Scylla,
What if I submit a new application, attach the old one, and ask for Administrative review, based on the old application? I know it is a long shot, but all parties made an oversight on this.
Thanks

 

[scylla]

Hi Scylla,
What if I submit a new application, attach the old one, and ask for Administrative review, based on the old application? I know it is a long shot, but all parties made an oversight on this.
Thanks

If you want to request an administrative review - then I would just do that based on the old application without including a new one.

I missed that you have already filed an appeal. What was the outcome?

 

[acan2367]

Not enough days. It was only when I looked at the file "for fun" when I noticed the mistake in dates, this was after the appeal.

 

[scylla]

Not enough days. It was only when I looked at the file "for fun" when I noticed the mistake in dates, this was after the appeal.

I don't think the administrative review has any chance of succeeding if an appeal has already been refused. I think you're setting yourself up for more waiting and frustration and are better off submitting a brand new app. Just my two cents...