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Sokkalaw
Sokkalaw, Lawyer
Category: Canada Law
Satisfied Customers: 314
Experience:  Lawyer in Ontario, Canada
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After submitting a questionnaire, what is the consequences

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After submitting a questionnaire, what is the consequences of the citizenship status being rejected?What is the consequences of the withdrawing the application? When can we apply after withdrawing? Can the immigration reject a status without advising me the reason? Can an appeal be done if there is no acceptable reason? What is the percentage of winning the appeal and how long it takes? (Can you not publish what I am asking?)
Submitted: 1 year ago.
Category: Canada Law
Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy
Customer: replied 1 year ago.

Hi,


 


I will wait.


 


Thanks for your effort.


 


Regards


 

Expert:  Wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience, your business is very important to us, we are waiting for the right professional to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Customer: replied 1 year ago.

ok waiting for your response

Expert:  Fran-mod replied 1 year ago.
Your question is open to all Canada Law professionals and I will be continuing to find you a response.

Expert:  Sokkalaw replied 1 year ago.
Hello,

If your citizenship application is rejected, then you are not a citizen of Canada. There is no other consequence that I am aware of. But if you travel outside of Canada, you need to make sure that you maintain your residency obligation (reside 730 days in Canada in the previous 5 years) until you obtain Canadian citizenship.

If you withdraw the application, then there is similar no consequence except that you are not a citizen. However, you will have to meet the new requirements that exist at the time that you apply. Right now requirements include that you have to reside in Canada for 1,095 days in the previous four years, proof of knowledge of English or French (unless you are 55+ or under 18). These requirements can change.

You can reapply at any time as long as you qualify.

If your application is rejected, you will be advised of the reason and be given the opportunity to appeal. How this works is that if the government is not satisfied with your application, you will be referred to a citizenship judge for a final determination. If the judge refuses your application, then you will be advised on your right to appeal to the Federal Court. You must appeal within 60 days otherwise you lose your right to appeal. After the Federal Court, there is no further appeals.

I do not know what the statistic, but I would estimate 1 to 2 years for a citizenship judge to make the determination and another 1 to 3 years for further appeal to the Federal Court.

In my view (other lawyers may disagree) it is usually better to withdraw the application, address the problem that caused the rejection and then reapply.

Sokkalaw, Lawyer
Category: Canada Law
Satisfied Customers: 314
Experience: Lawyer in Ontario, Canada
Sokkalaw and 2 other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

I did cover the requirement of 1095 days for me and my two children. I did cover the 730 days. My permanent residence is renewed, I did not apply citizenship for my husband as he did not cover the 1095 days, I don't know if the status is rejected or accepted yet. I just got a questionnaire that I have submitted in July 2012. As of today, 19 months passed from first time I have applied for citizenship I called the customer center for citizenship and they advised me that the application processing period is now 35 months since first applied and she gave me a date August 2014. I really don't know if they are going to accept or reject. So, I don't have the reason to withdraw now.


 


Are you confirming that any applicant that gets a questionnaire would be refused?


 


Thank you about telling about the process, I really appreciate it.


 


Does the refusal of the citizenship affect the application of the renewal of the PR?


 


 

Expert:  Sokkalaw replied 1 year ago.
Getting a questionnaire does not mean that you will be refused. It simply means that the government is asking for more proof that you were resident for the required period. The problem with receiving the questionnaire is that it will delay your application by years no matter the merits of you application. But there is no reason why you should not get citizenship eventually if you have sufficient proof.

The RQ process has always existed but used to be used sparingly. Last year the government increased the number of RQ's that were being issued. The government says that it is now being used in about 35% of cases. I, along with many others, believe it may be closer to 50% but we have no proof.

Refusal of the citizenship application for residency or language reasons does not affect your PR. Until you become a citizen your are a PR so you have to maintain the requirements of a PR.

According to the government website, applications are now taking 23 months to complete. My experience is that 35 months is probably more accurate.

All the best. I really hope you will be successful and that your application will be determined soon.
Sokkalaw, Lawyer
Category: Canada Law
Satisfied Customers: 314
Experience: Lawyer in Ontario, Canada
Sokkalaw and 2 other Canada Law Specialists are ready to help you

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