ibhatti

Does anyone know about the Abandonment procedure and its consequences? Is it as simple as writing a letter and telling CIC that I would like to abandone my application for Citizenship? Are there any consequences for a future application from me?

Jim Humphries

There are no consequences beyond the fact that you will have to apply later under rules in force then if you change your mind.

Ben W Bell

And you will lose your processing fee.

Andrew Miller

And most importantly such decision won't stop any investigation into your PR status that has already been initiated.

ibhatti

You mean investigation into my Citizenship application process as I am applying for Citizenship. By the way there is nothing to investigate as I have no status whatsoever in the US and everything is legal and documented in Canada. I might send whatever I have and let them reject it if so be. Would it make sense if I re-apply next year, if it gets rejects now due to lack of information.

Andrew Miller

No, I meant and clearly wrote - investigation into your PR status. Verification of PR status (how it was obtained and maintained, finding if there is any reason to declare it lost or obtained fraudulently, etc.) is a standard task performed during every citizenship application. In your case it is much deeper than usual if CIC asks for letter from DHS (very unusual request) and they must have some solid information that supports their request.

ibhatti

Is it absolutely necessary to provide that letter? I can't get it and the US Consulate in Toronto is the most unhelpful and paranoid place to ask for any help of any kind, even though there are two DHS officers on-site according to their website. If I can't get it within 60 days, I can't get it.
From your previous reply, looking into obtaining the PR status, it makes sense now that CIC still thinks I am on a H1B status as I was back then. According to their world view, I am still holding a valid H1B. The reality is that my H1B expired when I applied for F1 in 2002 and then that F1 expired in 2005. So the status, non-immigrant category (F1-visa) is long expired.
I hope CIC makes a yay or no decision, pretty soon. They have asked for all pages of all passports, so that should clearly show to a judge by mail or in person that there no valid visas on my passport for the USA. There is no entry to that country, so I hope I can close the chapter on the USA, which I left for good 4 years ago.

Andrew Miller

As I said - CIC must have a valid reason for requesting the letter, otherwise they wouldn't have asked for it. You and I may never know what it is, especially with today's security concerns if such has any part in your circumstances.

And it is very unlikely a reason related in any way to your previous, already expired H1 and F1 visas.

If you have in anything in writing from Americans replying to your request and stating that it will take several months to get what you need then write explanation to CIC and attach such letter as evidence proving that you cannot get all in time. Good luck.

ibhatti

The only thing about such a reply from the Americans is that there is no gaurantee that they will indeed follow through and get to my request in a reasonable period of time. I may tell CIC that or show them such a letter advising of an incoming response but then I may be stuck in limbo waiting for years for their reply (which may never come) and CIC will think its my fault that the Americans never responded or that I hid the reply that never came. In that sense, my application for a Canadian citizenship will be dependant on the Americans and I don't prefer to promise such a response to CIC on behalf of a foreign country and that too like USA over which I have no rights or control.

JAJ

Andrew
With respect, that is supposition and conjecture. They may not have a valid reason.

It could be anything from mixing up the wrong file, to a bureaucrat who has forgotten (or decided to ignore) the fact that the laws on retaining PR changed almost 5 years ago.

Andrew Miller

Jeremy,

We all speculate here as we only know what OP told us. Some take his word at face value, while others are more sceptical. I am giving OP the benefit of the doubt of course, but am also trying to show him why CIC may be looking for something, so he may look into his circumstances and possibly determine what is going on and why as he is the one who knows his case, we don't.

I said - CIC must have a valid reason to request the letter. It means that without valid (in their opinion) reason they would not have requested it.

We don't know what CIC's investigation discovered so far and why it resulted in request for the letter - but it must be something rather serious as IMHO they likely need it (if it will state what they suspect) to use in court when OP appeals possible refusal, loss of status or whatever CIC may be after. But they are after something serious as it is the first time I ever heard of request for letter from DHS.

SinghPro

Operational Bulletin 022 – August 2, 2006
Assessing declared residence

Background

The purpose of this operational bulletin is to affirm that citizenship officers must be satisfied that a file contains the information necessary to make a determination on residence prior to submitting that file to a citizenship judge for decision. In turn, the officer must also be satisfied that there is sufficient information on file when granting citizenship or considering a possible ministerial appeal of the citizenship judge’s determination.

Outlined below are indications that an applicant’s declared residence could be in question and options available to the officer for further inquiry.

Policy

Citizenship judges determine whether an adult applicant meets the residence requirement in accordance with the Citizenship Act. Prior to submitting an application to a citizenship judge, a citizenship officer must be satisfied that the evidence available on file is sufficient for the citizenship judge to make an informed decision.

While the great majority of applicants declare all absences from Canada when applying for citizenship, there may be certain indications on a file that further examination is necessary. If a citizenship officer believes declared residence could be in question, the officer must gather and evaluate additional relevant information. If the information indicates that a hearing is required or if questions remain, the client must be scheduled for a hearing with a citizenship judge.

Citizenship officers have the discretion to request and verify additional documentation from applicants up to the point that the citizenship judge is seized of the application. Once seized, the citizenship judge may request additional information from the applicant.

Indications declared residence may be in question

The following list, while not exhaustive, includes indications that further inquiry into declared residence may be required. It is important to note that indications alone do not necessarily mean a case of residence not being met. Their weight and credibility vary and must be considered in conjunction with all information on file.

— Residence declaration

* Applicant declares Non-Permanent Resident (NPR) time which cannot be confirmed through immigration documents, FOSS, or stamps in passport and NPR time is needed in order to meet the residence requirement. (CPC referral.)
* Applicant cannot adequately or convincingly account for time spent within the past four years.

—Previous applications

* Applicant had a previous application for citizenship that was refused on residence. (CPC referral.)
* Applicant had a previous application for citizenship that was abandoned or withdrawn. (CPC referral.)

—Passport

* Stamps in passport indicate that the applicant has not declared all absences from Canada.
* When coming to write an exam or to have a quality assurance interview, the client’s passport shows recent entry stamp to Canada or an exit stamp from another country.
* Client presents a new passport but cannot account for passports used during the relevant four year period, or client is in possession of a new passport issued outside Canada.
* Client is asked to present passport at an exam or scheduled appointment but does not bring it.

—Immigration

* NCB (non-computer based entry in FOSS similar to a client note in GCMS) indicates that the applicant travels often, that Immigration has received information that the applicant does not reside in Canada, that the applicant relinquished or attempted to relinquish permanent resident status while outside Canada, or that the applicant has lost or is subject to loss of permanent resident while outside Canada (for example an RX-1 visa was issued).
* An individual has been identified by Immigration as being subject to loss of permanent resident status in Canada under the Immigration and Refugee Protection Act because he or she did not meet the residency obligation.

—Other indications

* CIC receives a letter or an e-mail from the Call Centre or there is a client/case note in GCMS indicating information has been received that the applicant travels often or that the applicant does not reside in Canada.
* The documents appear to be suspicious or fraudulent.
* There is a major discrepancy between the appearance of the signature on the photograph and the signature on the application.
* The photographs submitted with the application were taken outside of Canada but no absences are listed on the application.
* The employer phone number not stated on an adult application, the area code for a person’s employment is different from their home area code, or employer cannot be contacted.
* A number of applicants are using the same Articles of Incorporation for Canadian companies or are listing the same persons as members of the Board of Directors for a Canadian company.
* A letter of employment is signed by the applicant or by a member of the applicant’s immediate family.
* A number of applicants are sharing the same residential address, home telephone numbers or business address, but they do not submit applications together.
* Multiple applications are completed in the same handwriting or typewriting style but are not submitted together and section 12 of the application form (indicating that someone has assisted in the completion of the application) has not been filled out.
* There are different handwritings on the application form and Section 12 is not completed.
* The date of application is within times shown as being outside of Canada.
* Work outside Canada is presented as assignment by a Canadian company when applicant or relative is the actual owner or shareholder of the company.
* The client who has been asked to provide fingerprints has them taken outside Canada.
* Provincial healthcare card is expired.

Documents that can provide additional information on residence

The following documents can provide additional information where residence questions exist:

—Passport/Travel Documents: When requested, applicants are required to provide all passports, current and previously issued relevant to the four year period. Citizenship officials must review passport stamps in all passports issued during the relevant time period when a client comes in for testing, or any time prior to submitting an application to a citizenship judge for decision. If the passport or travel document has been issued in the last five years, or if it has been replaced by a document which would otherwise still be valid, the applicant should provide the cancelled passport as well as the valid one. If the old passport or travel document was lost or stolen, a police report may be requested. Note: Judgment must be exercised as some countries do not return previous passports to clients and some applicants (e.g., refugees) may have entered Canada without a passport.

* When assessing stamps in passports, it is important to look at entry stamps to Canada and entry stamps to other countries which could indicate departures from Canada. The shape of these stamps may also be informative as many countries use different shapes to indicate entry and exit, e.g., entry stamps (oval) could be presented as exit stamps (square). When assessing entry visas, it might be pertinent to look at the validity dates and the status under which entry was given (visitor, student, worker, etc.) Note: Since not all countries, including Canada, routinely stamp passports at entry, a lack of entry stamps is not always indicative that no absences have occurred.

—FOSS check: NCB entries in FOSS.

* The Immigration program is responsible for providing immigration clearances for citizenship applicants as well as informing local offices if an applicant’s immigration status has changed. However, citizenship officers may choose to look for NCB entries in FOSS when examining declared residence.

—Proof of employment: Pay cheque stubs, T4’s, statement of earnings, federal or provincial income tax assessments, or a letter from the employer.

—Proof of attendance at a school: Transcripts of marks, report cards, letter of confirmation of attendance.

—Financial records: Financial records of a company if the applicant is self-employed.

—Banking records: Statements of transactions showing activity in Canada; credit card bills in the sole name of the applicant showing regular purchases in Canada; cancelled cheques showing regular payments or purchases in Canada. A letter from a bank showing that the applicant has an account does not necessarily establish residence in Canada. Regular payments do not necessarily indicate residence in Canada, e.g., post-dated cheques, standing payment orders to bank, internet banking.

—Personal records: Utility bills (telephone, electricity, cable, water tax, etc.) in the applicant’s name. Records of automobile leasing or purchase, insurance policies, driver’s license. Records of personal services (dental bills, record of services paid by provincial health authorities). The latter document is available on request by the applicant to the provincial authorities. Lease in the applicant’s name with proof of payment of rent, e.g., cancelled cheques, receipts for cash payments. Record from a government agency showing payment of social services benefits. In some cases, these documents might indicate that the family is here and not necessarily the applicant.

—Children’s report cards or records of attendance: If the applicant is responsible for dependent children, their report cards or records of attendance at a school in Canada.

—Affidavits: Affidavits from associates, friends, or colleagues may be presented but may be considered of limited value. The same is true of letters from community organizations. Although the writers may be acting in good faith, they may in fact have limited knowledge of the applicant’s regular presence in Canada.

—Proof of Volunteer Work: Some groups may provide confirmation of time spent volunteering for their organizations.

—Government entry/ exit records: Some countries keep a record of movement of their nationals to record their entry and exit out of their country, such as Records of Movement. In these cases, CIC may ask the applicant to provide such documents to substantiate his/her declarations.
Note: The above list is only a suggestion of documents that could be presented to confirm statements about residence. Their weight and credibility vary. Some documents are merely passive indications of residence that can be accumulated over an extended period of time without actually living in Canada. Supporting documents in conjunction with the information provided on the application form must satisfy the citizenship officer that there is sufficient information to make a decision.

Procedure

Citizenship officers must exercise sound judgment when evaluating information and identifying situations that may call into question the validity of an applicant’s declared residence. These indications can be found any time during the application process: the initial assessment of the application, the clearance process, during an interview, during a test session, as a referral from another official, through third party information, or during any communications between an officer and a client.

Steps in assessing residence

—If a client declares less than 1,095 days of physical presence or there are indications that not all absences have been declared, the citizenship officer must examine additional information and request further documents from the client including:

* a residence questionnaire and additional supporting documentation.

If warranted, the citizenship officer may request an interview with the client, either in person or over the phone. In this case, the citizenship officer must continue to use the declared absences on the application form as the point of reference when evaluating residence.

—If the additional information satisfies the citizenship officer that all absences have been declared and the client has 1,095 or more days of physical presence in Canada, the client can continue through the regular processing track. All information gathered in the process of examining the client’s declared residence must be kept on file.

—If the additional information does not satisfy the citizenship officer that all absences from Canada have been declared, the client must be scheduled for a hearing with a citizenship judge. All information gathered in the process of examining the client’s declared residence must be kept on file, and a covering memo detailing the citizenship officer’s concerns should accompany the file (see memo template attached as annex A.)

—If the client fails to provide additional information, this should be noted on the file and brought to the attention of the citizenship judge.

—If a citizenship judge non-approves an application where it is suspected the client has failed to declare absences, the file should be forwarded to Case Management Branch for possible charges under section 29 of the Citizenship Act.

—If an application has been approved by a citizenship judge, and the citizenship officer is not satisfied that the applicant has met all of the requirements for citizenship, the citizenship officer must send the file to Case Management for possible Ministerial appeal.

—In the case of suspected fraudulent or counterfeit documents.

—Immigration should be advised of any information on residence that may affect permanent resident status.
Annex A
FILM

toaster

Apologies to sneak into this discussion. I just had a relevant question for the experts...

I have been in Canada for all except for 4 weeks since September last year on work permit, and I understand that each day you lived in Canada before you became a PR counts as half a day (just got PPR letter yesterday!!)

My question is what kind of proof must I have to show I have been resident during this time? I have all my bank statements (which show tons of transactions - I am a big fan of the debit), bills, gym membership, gas & maintenance receipts for my car, letter of appreciation when I volunteered. I also play in a sports league here. Is this enough?

I am concerned, because my work situation has been rather unusual. I relocated from the US in September and up until April, I continued working for my US employer out of my home. Last 2 months, I have taken a break from work altogether, doing an on-line course etc. I am concerned they might be suspicious because I cannot show them an employer here in Canada. Is it worth asking my ex-employer for a letter stating that I worked for them from my home base here in Canada for that specified period?
Any thoughts/ advice would be greatly appreciated. Many thanks!

ibhatti

Thank you for all your help and encouragement along with that information. I will gather some more information now. In fact I have worked for about a dozen big employers, of course with letters from some and pay stubs for others. The employment record alone should show there was no time for me to leave the country, other than the one declared. I hope for the best.

SinghPro

iBhatti: Citizenship Stats
96% of all applications are approved.
80% Citiz Judge hearings resulting in approval

http://www.cic.gc.ca/english/resourc...-2005.asp#ftn2


Activity National Total Average
Output
per FTE
Citizenship Applications
Applications received 274,697
[note 1]
Applications processed 231,848
[note 2] 15,457
Applications approved (i.e. new citizens) 222,171 14,811
Applications not approved 2,521 168
Applications withdrawn or abandoned 7,156 477
Ceremonies conducted 2,901 193
Citizenship Hearings
Hearings conducted 12,994 866
Hearings resulting in approval 10,418 695
Hearings resulting in non approval of application 2,576 172
Retention, Renunciation and Resumption [note 3]
Retention
Applications received 1504
Applications for processing 1089
Applications approved 334
Applications not approved 3
Administrative action required [note 4] 83
Decisions pending 669
Renunciation
Applications received 303 N/A
Applications processed 287
Applications approved 230
Applications not approved 3
Decisions pending 54
Resumption
Applications received 306 N/A
Applications processed 306
Applications approved 80
Applications not approved 0
Administrative action required [note 5] 90
Decisions pending 136
5(3) and 5(4) Waivers [note 6]
Recommended 217 N/A
Waiver granted 210
Waiver not granted 7
Appeals to Federal Court (Applicant)
Appeals filed 48 N/A
Appeals heard 24
Appeals granted 9
Appeals refused 11
Appeals withdrawn by applicant 4
Appeals to Federal Court (Minister)
New appeals filed 0 N/A
Appeals heard 4
Appeal granted 3
Appeal withdrawn 1
Mandamus
Cases filed 8 N/A
Cases heard 5
Cases granted 1
Cases denied 1
Cases withdrawn 3
Civil Action
Cases filed 1 N/A
Cases heard 1
Cases denied 1
Revocation
Cases filed 1 N/A
Cases heard 1
Cases granted 1