Old applicants still can get citizenship with less than 1095 days

[chx]

I read several times on this board that it's futile now and they won't grant exceptions now. That's not so. Every case is different. I was short by 157 days (however 133 of those were for helping out with my baby nephew as a medical necessity) and yet here we are: I am invited to take the oath on Apr 5.

My timeline in Vancouver:

Application received March 6, 2013.
Processing started May 2, 2013.
RQ sent to me November 28, 2013. We (I had a lawyer up to this point) answered somewhere second half of December.
Test May 7, 2014. Did 19/20. Yes, I am annoyed at not doing 20/20.
Interview with a citizenship judge at the Surrey office February 16, 2016.
Oath invite sent on Mar 2, 2016 for Apr 5, 2016.

Another thing which might or might not have helped: I have filed for a second time last November under the new rules because at that point I did have enough days under the new rules but I didn't send the proper form for withdrawal of the old one and on Dec 9 I got a call from the Nova Scotia office saying a) if you want to withdraw your old application you need to send a form not just a plain letter b) if I did withdraw I would need to retest c) I should wait until the end of January before withdrawing the old one... Surprise, surprise: I got my notice for the hearing just before the end of January. And then it is not impossible that both the judge and the CIC office have seen the futility of refusing my old application. I can't say. Every case is different.

 

[links18]

Its not futile, but difficult. I am surprised by the advice often given here to withdrawal your application at the first sign of resistance by IRCC/CIC.

 

[chikloo]

Its not futile, but difficult. I am surprised by the advice often given here to withdrawal your application at the first sign of resistance by IRCC/CIC.

The forum follows 80/20 rule and always take everything with a pinch of salt. Somecases may get a happy ending like OP but most cases end with long wait time, too much paperwork, Judge hearing, even if the judge decides positive still have cic to give a green signal. Also with CIC there is no transparency on how they treat shortage in requirement days. IS one week short too much or 1 day too much.

So glad it worked out for OP. All the best. Congrats on becoming a Canadian

 

[nkam]

sincere congratulations..

ultimately you won and since first applications you were made to wait for three years, it is well deserved and CIC was practical because you would have been granted on the 2nd application anyway..

This is exteremly useful post in that:
1. for the first time I get to know that one can have two active applications at the same time..am I right?
2. If you passed the test on the first application, you need not resit on the second had the first application been active? am I right?

 

[chx]

This is exteremly useful post in that:
1. for the first time I get to know that one can have two active applications at the same time..am I right?
2. If you passed the test on the first application, you need not resit on the second had the first application been active? am I right?

You can have two active but they won't process the second one. So you can't get to the test on the second one without withdrawing the first and you do need to retest, the guy from the Nova Scotia office was very clear and firm on this. If that wouldn't been the case I would've sent him the form in December right away instead of going through a citizenship hearing. But I didn't want to risk retesting because no matter how easy it is, it's still a risk. I thought better to try to take the first to conclusion within sane limits: if the judge would've refused I would not have appealed or if the judge approved but the ministry would've appealed his decision I wouldn't have taken it to federal court.

 

[nkam]

Taking the test with every application is awkward and does not make any sense. In the UK, you take the test once for life and that's it. It is disappointing that Canada is behind the UK in immigration and is far behind in processing and mentality. I though it was the reverse bacause immigration is a Canadian industry that is promoted and encouraged but the UK is targeting immigrants and will soon vote to leave the entire EU because of immigration..

I do not understand why you had to wait to end of January to send the form? Because of the hearing was forthcoming?

What you think are the disadvantages of refusal after hearing?

 

[chx]

I do not understand why you had to wait to end of January to send the form? Because of the hearing was forthcoming?

What you think are the disadvantages of refusal after hearing?

I did not know in December that the hearing was forthcoming but I'd bet anything the CIC guy who called me did and so he advised me against withdrawing. He merely hinted at "maybe something will happen". There was no "had to wait" just a friendly advice which played out perfectly.

I do not think there's any disadvantage of refusal in my case. If I ever needed to explain it, I would say the truth: I didn't have enough days under the old rules, I have enough (I think something like 57 days over ) under the new rules. No problems I can see.

The test never made any sense but that's so with most countries where similar tests are administered.

 

[nkam]

congrats again, this makes sense and CIC was aware and you got it from the tone of the conversation.

in the UK I did the citizenship test at least three years before I even file the citizenship application. you can do it anytime you are ready and hold the pass certificate which you attach to the application later on..

I meant refusal in general can cause problems in reapplication. I am now considering to follow your approach..having two active but the second will be after some years though..

 

[Exports]

I did not know in December that the hearing was forthcoming but I'd bet anything the CIC guy who called me did and so he advised me against withdrawing. He merely hinted at "maybe something will happen". There was no "had to wait" just a friendly advice which played out perfectly.

I do not think there's any disadvantage of refusal in my case. If I ever needed to explain it, I would say the truth: I didn't have enough days under the old rules, I have enough (I think something like 57 days over ) under the new rules. No problems I can see.

The test never made any sense but that's so with most countries where similar tests are administered.

Congrats!
The entire problem is the wait time for a CJ HEARING. In your case, you waited almost more than 18 months after the test for CJ hearing? I also have less than 1095 days and waiting for the CJ hearing- almost 7 months now.

AND YOUR RQ WAS PRE TEST ?

My RQ was pre test and test in aug 15, applied in mar 13, Hv be waiting almost 7 months now and no news about CJ hearing? At least they could Hv given an indication about the waiting time, or the time frame? Despite communication and also from the mp- standard answer " no time frame provided"

 

[Grilka]

I am also old applicant with less than 1095 days. But what's interesting, I was RQed AFTER the test. 1 year later!
In December 2015, I got Decision Made. Since then - nothing. Hope for the oath letter, since I didn't get a refusal letter.
I also never had an interview with CJ.
Just wanted to share this with you.

 

[stone8198]

same here, i was RQd right after my test too on 6th Jan 2016. Had many travels due to work.
I had way less days if i recall correctly like 910 something.

I am also old applicant with less than 1095 days. But what's interesting, I was RQed AFTER the test. 1 year later!
In December 2015, I got Decision Made. Since then - nothing. Hope for the oath letter, since I didn't get a refusal letter.
I also never had an interview with CJ.
Just wanted to share this with you.

 

[Lily2011]

CHX,

I'm in the same boat and I have a few questions about the hearing if you don't mind:

1 how far in advance did they notify you (a week before the hearing, a month, etc)
2. what questions did the judge ask?
3. Did they ask for further documents?
4. were you allowed to say something to the judge (like explain your application, etc) or were you only allowed to answer their questions?
5. did your online status update before or after you received your hearing date in the mail?
6. did your occupation/financial status have any effect on the outcome?

Thanks!!