Federal Court Appeal - Next Steps?

[mr_saviour]

After our hearing with CJ with a positive decision made regarding our (myself and my wife) citizenship application, it was challenged in Federal Court by CIC. I engaged a lawyer and on our response CIC dropped the case against my wife (as informed to me by my lawyer) but continued to pursue it against me.

1) My question is that as we applied for citizenship as a family, would her file (along with my kids) wait till a decision is made on my file or would they continue processing her application for oath along with my kids irrespective of what is happening to my file?

2) If I want their cases to be processed, do we need to make any request or this is automatically done by CIC. How would I do so to conclude their cases at earliest?

Appreciate guidance in this regard!

 

[links18]

What does your lawyer say?

 

[Exports]

I am of the strong opinion that you must request splitting of the file so both can be processed differently yours and your wife with kids.
I had similar situation, my RQ with CJ hearing and my wife with nothing. After passing the test I requested splitting which was approved and both were separately processed.
Wife and kid got their citizenship and I am stuck with CJ still not sure when they may schedule it- no timeframe given.

Call Center says all applications would be dealt by 31st March 16 but fail to give any deadline if it involves also for CJ hearing?

 

[mr_saviour]

Thanks Exports for the advice. What would be the process for splitting the file?

Whether I or my wife would make the request and to whom? Any particular form?

Appreciate your help.

 

[Canadiandesi2006]

Thanks Exports for the advice. What would be the process for splitting the file?

Whether I or my wife would make the request and to whom? Any particular form?

Appreciate your help.

Yes, I agree with Exports. CIC might play dirty and delay it on some pretext. Send a registered mail, asking them to split and process your family's file. If your case is still pending, better withdraw and re-apply, as its not worth waiting for ever.

 

[mr_saviour]

Thanks Canadiandesi2006,

My question again is that "is it a plain letter to CIC requesting splitting of files?" or is there a specific procedure to follow? To whom it should be addressed to?

 

[links18]

Don't you have a lawyer? Shouldn't they know what to do?

 

[egyo]

Sorry to hear that you have to pass through this...We did a judge hearing two weeks ago and the hearing went so well. Whenever I call CIC they refuse to give any info with regard to the decision. How long did it take you after the hearing to know about CIC appeal? I wish you all the best with your case!

 

[Canadiandesi2006]

Thanks Canadiandesi2006,

My question again is that "is it a plain letter to CIC requesting splitting of files?" or is there a specific procedure to follow? To whom it should be addressed to?

I would suggest you please ask the other reader "Exports" you had actually done this and guide you correctly.

If not, may be either the "Call Center Agents" or your attorney should guide you.

Wish you all the best, my friend.

 

[scylla]

I thought it was too late to split the file at this point - but by all means give it a go.

 

[mr_saviour]

Thanks for the advise. I would prefer to give it a try as you loose nothing. I hope at least something goes well during all this painful process.

 

[Exports]

you should request file separation and send it to your local office...
I was told by the CO that at this stage of family application wherein I was scheduled for CJ, splitting is not possible at all and decision would be taken only only after CJ HEARING. However, I sent request and it was accepted. THE PROCESS TOOK ALMOST 3 MONTHS FROM TEST, SENDING LETTER, AND OATH.

HERE IS THE STEP:
Send a fax/ REGISTERED letter to the responsible local office including your:
Unique Client Identifier Number (UCI);
file ID number;
name;
address;
telephone number; and
the reason why the application should be processed separately/elsewhere ( THIS I GUESS IS THE MOST IMPORTANT ONE TO CONVINCE)

 

[mr_saviour]

Thanks Exports for your guidance.