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Citizenship Hearing with the judge

buckshot

Member
Feb 10, 2016
10
0
Dears,

I need your advice please. I became a PR in OCT 2012 as skilled immigrant. And stayed in Canada until Aug 2013 with an approximate 300 days.
During that time I was volunteering for Canadian Red Cross and after that I got a job in Ghana for a Canadian International development agency fund from Ottawa and stayed in a disaster area of Ghana for a year until Sept 2013. Then from there after a two month break I got a job working in rural Afghanistan for a Canadian project to reduce maternal mortality and I am still currently there, I had few trips in between to Canada. And in March 2015 I applied for the Citizenship with a help of a lawyer and last month i.e. Jan 2016, I was invited for the test.

I completed and passed the test in Mississauga as I came on an emergency basis to come back to the country, but the officer was so rude that he kept trying me persuade me to withdraw my application but I insisted and he gave me a RQ and now my case shall go to the judge. I did not expect that kind of a treatment for sure. He didnt even read my file or my contributions in hard places for the Government grants and just made up his mind after seeing the days.

I like to also mention that I have 2 masters degree, one from Canada from distance learning, and I am also fluent in French and English. I am unmarried and 32 yrs old with no kids and I also have an aunt and Uncle in Canada.

So I kindly have few questions, if anyone can please assist me:

1) What are my chances with 300 days of presence, but I have worked on Canadian projects in disaster and War areas for 3 and half years. The projects are worth $ 45 million. I have all my papers and visa copies to prove this.

2) How long will the hearing take me? As without citizenship I cannot apply for high level jobs in Canada? Even though I am completely qualified with my field experiences and languages.

3) Why did they invite me to the test if they had a problem with the number of days?

Here is my timeline:

March 2015: Applied
Jan 2016: Invited for Test and passed
Jan 2016: RQ received
Feb 2016 ( hopefully): RQ sent


I shall really appreciate your comments.

Thanks
Buckshot
 

arambi

Hero Member
Aug 16, 2014
332
24
buckshot said:
Dears,

I need your advice please. I became a PR in OCT 2012 as skilled immigrant. And stayed in Canada until Aug 2013 with an approximate 300 days.
During that time I was volunteering for Canadian Red Cross and after that I got a job in Ghana for a Canadian International development agency fund from Ottawa and stayed in a disaster area of Ghana for a year until Sept 2013. Then from there after a two month break I got a job working in rural Afghanistan for a Canadian project to reduce maternal mortality and I am still currently there, I had few trips in between to Canada. And in March 2015 I applied for the Citizenship with a help of a lawyer and last month i.e. Jan 2016, I was invited for the test.

I completed and passed the test in Mississauga as I came on an emergency basis to come back to the country, but the officer was so rude that he kept trying me persuade me to withdraw my application but I insisted and he gave me a RQ and now my case shall go to the judge. I did not expect that kind of a treatment for sure. He didnt even read my file or my contributions in hard places for the Government grants and just made up his mind after seeing the days.

I like to also mention that I have 2 masters degree, one from Canada from distance learning, and I am also fluent in French and English. I am unmarried and 32 yrs old with no kids and I also have an aunt and Uncle in Canada.

So I kindly have few questions, if anyone can please assist me:

1) What are my chances with 300 days of presence, but I have worked on Canadian projects in disaster and War areas for 3 and half years. The projects are worth $ 45 million. I have all my papers and visa copies to prove this.

2) How long will the hearing take me? As without citizenship I cannot apply for high level jobs in Canada? Even though I am completely qualified with my field experiences and languages.

3) Why did they invite me to the test if they had a problem with the number of days?

Here is my timeline:

March 2015: Applied
Jan 2016: Invited for Test and passed
Jan 2016: RQ received
Feb 2016 ( hopefully): RQ sent


I shall really appreciate your comments.

Thanks
Buckshot
1) your chances are extremely low. Your lawyer advised to apply probably because your chances are zero under new rules

2) no one knows. Typically takes a long time and in your case, extremely low chance of success. Lawyer will probably be the only winner

3) because only a judge can deny a citizenship application

You probably needs plan to come and live in canada for at least 4 years if you really needs Canadian citizenship. After you have it, you can go wherever you want
 

buckshot

Member
Feb 10, 2016
10
0
You think if there is anything I can do at this stage to strengthen my application ?

I know my chances are low with that kind of residency dates, but i thought may be the judge can consider this on humanitarian grounds. Since I had risked my life coordinating activities of Ottawa.
 

dpenabill

VIP Member
Apr 2, 2010
6,294
3,059
buckshot said:
You think if there is anything I can do at this stage to strengthen my application ?

I know my chances are low with that kind of residency dates, but i thought may be the judge can consider this on humanitarian grounds. Since I had risked my life coordinating activities of Ottawa.
Whatever narrow (probably extremely narrow) window of chance to be successful you have might be leveraged better, some, with the assistance of a particularly good and creative lawyer. Even a relatively good lawyer, let alone a mediocre one, is not likely to make enough of a difference.

While your endeavors are admirable, they probably offer little if any support for the exercise of discretion you would need to succeed in obtaining citizenship. Citizenship is not a reward or an award. It is about becoming a citizen in Canada, and it is only available to those who meet the qualifications. Many might nominate you for world citizen, but that does not confer any status in Canada and there is no passport.

Moreover, you probably want to thoroughly evaluate your compliance with the PR Residency Obligation. While being abroad employed by a Canadian business can count, there are very particular rules limiting the availability of this exception to the requirement to reside in Canada. Your accounting of time in Canada appears to be cutting it very close if you cannot rely on the credit for time abroad in the employ of a Canadian business (and again, be cautious in interpreting how this exception is applied).
 

paul911

Full Member
Jun 1, 2011
29
0
IMHO chances are very slim. Even in the federal court case that was used for a long time as a precedent to use "center of living" rather then physical presence, the shortage of days was not as huge as yours. I think the best case would be to run this by a lawyer and see if there is a legal case that can be put together here, but I highly doubt it, although I am not an expert
 

buckshot

Member
Feb 10, 2016
10
0
Dears,

Thanks so much for your replies. We can only try, I have given all my genuine documents i.e. contract copies of working on Canadian Govt grant, my visas, my relatives information, all humanitarian achievements including achieving a medal from Afghan Olympic Committee for organizing the first official racing competition in my province with Canadian grant, and finally my certificates to my lawyer.

I can only try to convince the judge that with all international experiences, knowledge of advanced English, French, Hindi and intermediate knowledge of Russian. Persian and Mandarin; I can assist Ottawa in formulating policies for International diplomacy and development. I have also done extensive work for women empowerment.

I am very thankfully for your replies; but miracles sometimes happen. So i will try my best and accept the remaining as destiny. :)
 

Exports

Star Member
Aug 10, 2015
124
7
Consider yourself lucky that you got Citizenship Test just within a year of application so you know where you are heading?
I applied with less than 1095 days of physical presence due to Canadian business and travel for Canadian corporation. All docs were submitted at the time of application as supportive and RQ much before test. CIC took 2 and 1/2 years to schedule my test and told in Aug 15 that I will have CJ hearing within 3 months. I thought lets wait for 3 months and see the outcome. Now its 6 months and no CJ hearing date still. Intermittent call to the call centre agents lead me thinking to wait 6 months and wait; if no response within 6 months after test to call so they can put a note. Now I am calling the call center, forget about entering in the file, they bluntly say you have to wait.. your case is not delayed as non- routine current status(re)opened.. ATIP says CJ hearing but the million dollars question... when is the CJ hearing?
 

buckshot

Member
Feb 10, 2016
10
0
Dear Exports,

I feel you brother/sister. But you know after serving and risking my life in Afghanistan and also assisting in Ghana for the Govt., I thought may be they might show some respect.

Now, there are ways you can turn down an application in a graceful manner, but the guy totally embarrassed me. He was probably my age around 30- 32, and I can assure you less qualified then me. But its life, we all need to move on.

I know the wait must be annoying you, what can you do but just hang in there, continue your life goals and it will all happen. And remember whatever happens, eventually happens for a good reason.

Your case will be much less complicated them me, I am sure you shall get it; it may take time but it will eventually happen.