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"Grandmother's dream trip at risk over government red tape"

ddobro2

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Grandmother's dream trip at risk over government red tape

Lived in Canada 82 years; needs proof of citizenship to travel

By Kathy Tomlinson CBC News

Posted: Dec 5, 2011 6:24 AM PT


A great-grandmother who has lived in Canada almost all her life is being kept from a dream Hawaii vacation by government delays and bureaucracy.

“She really wants to go on this trip,” said Alice McKay's son Dan. “My mother has been in Canada for 82 of her 84 years...she just needs the paperwork to prove it.”

McKay is among 270,000 people stuck in a backlog of citizenship applications that has grown by 100,000 in recent years. Without proof of citizenship, she can't get the passport she needs to travel to the U.S.
At the citizenship processing centre in Sydney, N.S. over 270,000 applications are piled up in a backlog.CBC
“We're already over two years since we applied [for citizenship],” said her son. “The frustration is there is nobody you can talk to. There isn't anybody that I can pick up the phone and say there is an injustice here.”

McKay was born in the U.S., but came to Canada in 1929 — as a toddler — and spent most of her life in the Ottawa area. Her son said, until now, she never had any need for citizenship documents.

She married a member of the Canadian Air Force and has 11 grandchildren and great-grandchildren.

'As Canadian as they come'

“She's a huge hockey fan ... as Canadian as they come,” said Dan. “Never wanted anything for herself — always put other people first. This [trip] is an opportunity for us to give a little bit of that back to her.”

McKay's children started planning two years ago for the whole family to go to Hawaii this February. Her son said they knew it would take time to get the paperwork she needed, so she sent in her application in October 2009.

At the time, the citizenship website pegged the processing time at 16 months, but it has been more than two years, with no end in sight. Meantime, the McKays bought thousands of dollars worth of tickets for the trip.

“We've made plans. We've booked the hotel and the flights from Vancouver already,” said McKay. “My mom lives on her own. It's very unfortunate that this is another worry for her. She's a worrier to start with, so it doesn't help.”
Dan McKay said repeated calls to the processing centre have brought no helpful answers. CBC
McKay figures he and his sister have spent at least 12 hours on the phone, on hold, trying to get through to the Citizenship and Immigration Canada (CIC) centre in Sydney, N.S., where the applications are processed.

He said phoning is a useless exercise, though, because the person who eventually answers tells them what is already posted on his mom's file on the website — that her application is “in process.”

“When you are on the phone they recommend you go to the website and when you go to the website they recommend you go to the phone. And neither one of them will give you any information,” said McKay.

Call back next year

He said the last time he called he said he was told to call back in May — three months after the planned trip.

“When you are told in October to call back in May — they obviously don't have any idea how long it will take. So they just pick numbers and dates out of the air,” said McKay.

“It doesn't make sense to me that a person would answer the phone and has absolutely no ability to do anything.”

Figures from Citizenship and Immigration Canada show that while many more applications are coming in to the Sydney processing centre, fewer are being processed each year and the wait times are getting longer.

In 2006, 195,385 applications came in and 270,851 were processed. By contrast, 290,854 came in last year and 153,825 were processed.

A department spokesperson said 86 temporary workers were hired last year, to help with the backlog, but “application intake continues to exceed operational capacity.”

This summer, there were 270,848 applications on file, which will take an estimated 19 months to put through.

The increase in applications is attributed to the need for passports for U.S. travel, changes to dual citizenship requirements in some countries and increased immigration overall.

“It's heartbreaking — it's difficult to explain to clients,” said Marina Sedai, a B.C. lawyer who is chair of the immigration section for the Canadian Bar Association.

She said it bothers her when some upstanding clients ask, “Does Canada want me?”

Sedai said another frustration is that the Sydney processing centre doesn't use email and only accepts paperwork sent by courier or mail.

“We have been quoting our courier tracking number so that they can identify which application it is and add that information, because it's sitting in a [mail] bin,” she said.

Slowed down by Canada Post
“Even the visa offices outside of our country are sending notices by email, but [in Sydney] they are not.”

Sedai said one of her clients waited over a year for his citizenship, then, when the letter was sent out telling him to come to take his oath, Canada Post failed to deliver it and no one told him.
Immigration lawyer Marina Sedai told reporter Kathy Tomlinson that citizenship processing is painfully slow and needs updating. CBC
The government then told him his security checks had expired and had to be redone, which cost him another year.

“This poor gentleman had to wait roughly 15 more months before he got his next [date to take the oath], because of a Canada Post error which could have been easily fixed by an email or a telephone call,” Sedai said.

She added that clients with gaps in residency face a wait of up to six years because on top of the two-year backlog at the processing centre, they now have to wait up to four years to see a citizenship judge.

MP Rick Dykstra, parliamentary secretary to the minister of immigration, is on a committee that just finished looking into delays throughout the immigration system.

“We've got a huge influx of new applications for citizenship. We are working through the backlog [in Sydney] as quickly as we can and wherever we have extra resources we are obviously investing that,” Dykstra said, indicating an email system will be brought in — at some point.

Upgrades coming

“We are working towards it. I don't have a date for you. I can tell you that the technology in terms of how we are trying to work through that process is there and it's beginning to be implemented.”

McKay said his family was told officials needed search archives before they could grant her citizenship, but he said they were given no clue what that meant.

“We got a true copy — they call it — of her landed immigrant papers and that was forwarded with the citizenship application. They had all of that in front of them. So, that again was frustrating: what would be in the archive?”
M.P. Rick Dykstra, parliamentary secretary to the immigration minister, said the government is working on a fix for the system.CBC
The department also told CBC News initially that archives had to be searched. However, after more questions were asked, that changed.

“After looking into this matter further, we understand that the officer is satisfied with the records provided by Ms. McKay and will not be searching the archives,” a department spokesperson said by email.

“We understand that Ms. McKay is anxious to have an answer on her application and CIC regrets that processing is taking longer than the usual average.”

McKay said his sister suddenly got a call from a CIC manager, asking about their mother's application. A spokesman told CBC News she has now been invited to the Ottawa office to “discuss her case.”

“This sounds great,” said McKay. “Hopefully it will be nearing a conclusion.”

McKay's dad died two months ago — after his parents had been married for 60 years. He said the family now just wants to give their mom her dream trip.

“[Hawaii] is just something that she's always heard about and she believes that she would like to experience it at least once in her life.”
 

Baloo

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It is not as if the times are a secret, the family should have planned this with more time in hand.

Blame the family, not immigration.

She has had quite a bit of time to become a citizen.
 

ddobro2

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Yes, I can understand that argument to some extent. While she had 82 years to take care of this (or for her family to take care of this for her), it seems like this woman had no reason to prove her citizenship until just now when she needed the passport to travel to the U.S.

Moreover, if you read the article it says that the family apparently had enough caution about the whole thing to check the CIC website about processing times and at the time they did (in 2009), the processing time for citizenship applications was at 16 months. She sent the application in October 2009 and the family planned the trip for February 2012 - that's well over the 16 months that the website advised. So it's not entirely her fault - it's not like she waited her entire life and then when she wanted to take a vacation, expected Canada to dig up and verify documentation from pre-Depression times in a few months for her convenience.

Yes, her case is not typical (and that's in part why it made for a good article), but you can't blame the article for focusing entirely on her case; the rest of the article does talk about the backlog of citizenship applications in general. There is obviously a very big problem in the way CIC manages all sorts of applications. This article just so happened to highlight citizenship applications.

Baloo said:
It is not as if the times are a secret, the family should have planned this with more time in hand.

Blame the family, not immigration.

She has had quite a bit of time to become a citizen.
 

Baloo

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Let us not forget that the times on the website are not fixed deadlines (we all know that).
 

amaranth

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She was born in the US... Yes, she has lived in Canada most of her life, but without status. I admit to not knowing the ins and outs of any of this, but couldn't she get a US passport, since (I'm assuming) she has the US birth cert, or can otherwise prove she's American by birth?
 

ddobro2

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No, they're not. But to go from 16 months to 24 months and still counting is a bit ridiculous. Would I have ordered expensive tickets without a passport in hand or the prospect of one well on the horizon? No. But the lack of competence at times on the part of CIC (the long waits to talk to someone via the Call Centre, the apparent uselessness of the Call Centre as it gives the exact same information one would see in e-CAS, the run-around and advice to "call back in x months," the fact that the IO later "changed his mind" about whether or not he needed to dig the archives for her record of landing because the true copy she provided was apparently sufficient, the case of the man who had to wait another year thanks to Canada Post and the fact that CIC hasn't updated its communications to better reflect the 21st century) is obvious in this article, regardless of whether she should have planned a bit better or not.

Baloo said:
Let us not forget that the times on the website are not fixed deadlines (we all know that).
 

ddobro2

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That's a great point and I don't know if it's not an option for her or what since the writer nor the consultants quoted ever made reference to it. It could be that this woman thinks of herself so much as a Canadian (naturally, she's lived here since she was 2), that she did not even consider proving U.S. citizenship based on birth on American soil. Plus I think entering Canada again would be the issue without getting the citizenship certificate.
amaranth said:
She was born in the US... Yes, she has lived in Canada most of her life, but without status. I admit to not knowing the ins and outs of any of this, but couldn't she get a US passport, since (I'm assuming) she has the US birth cert, or can otherwise prove she's American by birth?
 

Baloo

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I think the article "plays" the lady as a victim, which is incorrect.
The immigration process is not good and it is dated, however the problem in this case is with the family.

It is too easy to complain, this person should have dealt with her status a long while ago.

As you said, "Would I have ordered expensive tickets without a passport in hand or the prospect of one well on the horizon? No."
I agree with you, it is not rocket science, doing this makes no sense.

In my view, this should have been sorted out ages ago, right now, I would prefer that immigration use their time to reunite a family (like some of the people waiting here);
rather than wasting time to get this lady (whose family cannot plan) on holiday.
 

amaranth

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Waaaaay off topic, but I've been wondering... Baloo, what's the story behind that blue elephant tattoo?

ddobro2 said:
That's a great point and I don't know if it's not an option for her or what since the writer nor the consultants quoted ever made reference to it. It could be that this woman thinks of herself so much as a Canadian (naturally, she's lived here since she was 2), that she did not even consider proving U.S. citizenship based on birth on American soil. Plus I think entering Canada again would be the issue without getting the citizenship certificate.
If this trip is so important, it might be worthwhile for them to look into. If it really is an option, anyway.
 

Baloo

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amaranth said:
Waaaaay off topic, but I've been wondering... Baloo, what's the story behind that blue elephant tattoo?

If this trip is so important, it might be worthwhile for them to look into. If it really is an option, anyway.
OT The blue elephant is related to a comment made in the forum about another immigration requirement :)

Back on topic
Another thing that this lady also needs to consider is:

She is an American citizen (unless it has been revoked), I understand that US citizens are meant to use their passport when entering the USA, even if they hold another passport.
 

ddobro2

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I presume that airline companies are wary to fly people when they don't have a legal status anywhere because if they were not allowed to enter their destination, they'd have to be flown back at the airline's expense. This case is so rare that I don't blame people for scratching their heads (although there's plenty more stories where that came from; here's a similar one, 95-year old WWII veteran applies for U.S. drivers license, learns he's legally Canadian, not American: http://www.dailymail.co.uk/news/article-1369577/Youre-American-citizen-WW2-veteran-aged-95-told-hes-Canadian-turned-driving-licence.html).

Totally joking here, but maybe in lieu of both passports she can show up in Hawaii with her American birth certificate circa 1927 and then show up to reboard her plane for Canada with her landing record circa 1929 - in which case I'd love to see the looks on peoples' faces when she pulled those documents out.
Baloo said:
OT The blue elephant is related to a comment made in the forum about another immigration requirement :)

Back on topic
Another thing that this lady also needs to consider is:

She is an American citizen (unless it has been revoked), I understand that US citizens are meant to use their passport when entering the USA, even if they hold another passport.
 

amaranth

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Baloo said:
OT The blue elephant is related to a comment made in the forum about another immigration requirement :)
Haha, nice :)

Baloo said:
Back on topic
Another thing that this lady also needs to consider is:

She is an American citizen (unless it has been revoked), I understand that US citizens are meant to use their passport when entering the USA, even if they hold another passport.
This is true. My cousin holds both US and Canadian passports (born in US), and she was told (quite sternly) that she must ALWAYS use her US passport when entering the States, especially when flying. It seems this family may be in for more unpleasant surprises as this rolls along...
 

Baloo

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amaranth said:
This is true. My cousin holds both US and Canadian passports (born in US), and she was told (quite sternly) that she must ALWAYS use her US passport when entering the States, especially when flying. It seems this family may be in for more unpleasant surprises as this rolls along...
It seems they have not thought about this properly.
Goodness knows what will happen if CIC find that the grandmother is not a Canadian.
 

ddobro2

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Doubt they would have filed the application if she didn't qualify as a citizen. Don't know what her record of landing says, obvi, but I would imagine that it's possible that one of her parents is Canadian, which is why she ended up being taken there as a toddler in the first place. Being born to one Canadian parent makes her Canadian; being born on U.S. soil makes her American. It seems crazy to us that some people don't get their legal status squared away for most of their lives but I think people of that generation just have a different viewpoint on these matters.
 

Indigo

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(On behalf of my husband and I, who discussed this case together:)

They did make mistakes. She could have gotten her citizenship years ago, but didn't. Though that can be a choice, it is one I wouldn't have made. I might not need it now, but who knows that may change, and you better anticipate to prevent unpleasant surprizes. Apparently there was a new law in 2005, stating that seniors in a situation similar to hers should get a passport. As she is very old, she could have easily missed it, but apparently her children and grandchildren missed this as well.

Having said that, I do think her processing timeline is starting to get ridiculous though. When the website says 16 months, you should know it's possible that your case takes longer. But more than 2 years is excessive.

I understand she is a US citizen? In that case, what I would do is get a fast track US passport. If she has a US birth certificate, that should take no more than 2 or 3 weeks. Make sure to gather the immigration papers, including the payment receipt, and go on a trip to Hawaii as a family.