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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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I applied Canadian citizenship in Jan 2015 (Family

Customer Question

I applied for the Canadian citizenship in Jan 2015 (Family application with spouse and 2 kids), I successfully completed citizenship test in August 2015. I received oath notice dated Dec 1 to appear for Oath taking on Dec 15 at 10.15 am. I had scheduled travel few months ago (in Sep 2015) to fly with my wife and kids from Dec 15, 2015 night (10.45pm) to January 8, 2016 (3 weeks) to Karachi, Pakistan to attend a wedding of my brother in law (my wife’s brother) and see my parents.
I showed up at the Oath taking ceremony on Dec 15 morning, however, I did not take the Oath because my flight is on the same day (10.45pm) on Dec 15 and I will not be able to apply and receive Canadian Passport before my flight. I consulted with the CIC team at*****office and they informed me that if I take the Oath today then I’ll have to surrender the permanent resident card and since I am travelling I’ll either need Canadian passport or permanent resident card to board the flight to Canada and enter Canada on January 8, 2016. CIC team recommended me to write a letter explaining my situation and request to reschedule the Oath taking.
I sent them attached letter 1 on Dec 15 before I left Canada, I explained at very high level reason for the missing oath ceremony. Now I am reading some material online and anxious if my explanation will be considered reasonable and will they send me another notice to take Oath. I am now thinking about adding few more details and sending them attached letter 2. Currently I am Karachi Pakistan, however, I can I arrange for the letter to be sent on my behalf.
I`d highly appreciate your advise on this matter. Let me know do you think my explanation in letter 1 is sufficient? Should I send them letter 2? or do you have better suggestion?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

I don't see either letter.

Please send them to customer service and they will forward them to me.

Thanks

Customer: replied 1 year ago.
Letter 1copied below.December 15, 2015
Canadian Citizenship and Immigration Officer,*****Suite 201
Ottawa, ON, K2P 2K9Thanks for sending the notice to take the of Oath of Citizenship on Dec 15, 2015. Please note that I am travelling with my wife and kids from Dec 15, 2015 to January 8, 2016 (3 weeks) to Karachi, Pakistan to attend a wedding of my brother in law (my wife’s, Humera Faisal, brother) and see my parents. Please find enclosed our travel itinerary for your reference.
Because of my travel I am unable to take Oath of citizenship on Dec 15, 2015. I request you to please send us the notice to take Oath of Citizenship on any date after January 8, 2016.
Regards,
Faisal Abdul Sattar
Customer: replied 1 year ago.
please see attached
Customer: replied 1 year ago.
Please let me know did you receive attachments?
Expert:  Legal Ease replied 1 year ago.

I was able to read the documents.

I suggest that you do send the second letter but either way I don't think there is anything at all to worry about.

It is silly for the CIC to schedule oath taking ceremonies during the holiday season really and I am surprised they would do that.

But either way in the end this will undoubtedly work out.

Customer: replied 1 year ago.
thanks, ***** ***** your suggestion, just to be clear you are suggesting to send them letter 2?
I agree with you it makes no sense for CIC to schedule it during holiday season, I am anxious because when I read Canadian citizenship and immigration (CIC) relevant rules it scares me, please see copied below. Further online I also found some cases where they rejected explanations in some cases which make sense to me.
Link is http://www.cic.gc.ca/english/resources/tools/cit/admin/general/abandon.asp
Relevant excerpt: `If an applicant contacts CIC to provide an explanation for missing their appointment, local CIC officials must make a determination as to whether the excuse is reasonable and communicate the results of that determination to the applicant.
If the explanation is accepted, the applicant is rescheduled into an identical event (first or final) and the appropriate new notice will be sent to them. If the explanation is refused, or if the applicant does not contact CIC to provide an explanation, the Abandonment of Citizenship Application notice [CIT 0543] must be sent to the applicant to explain that their application will be treated as abandoned, according to A13.2. After this correspondence is sent, no further action will be taken on the file.`
Any thoughts?
Expert:  Legal Ease replied 1 year ago.

Yes I do mean you should send the second letter.

You had a clearly bona fide reason and in fact you attended and were advised by CIC staff to not take the oath at that time.

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