Dear Depnabill, thank you very much for your detailed reply. I m really very appreciated for your help and your time you spent for others. You are doing a marvellous job. My brief history of the case is as under # I landed with my family as PR through PNP employer driven program in 2012. I left Canada due to some domestic issues back in my home country after 35 days. I came back after one year in 2013 and living with my family up till now. However, I visited four times to my home country on short spells during my eligibility period. It is pertinent to mention here that my family has already granted citizenship in March 2017. I have neither security/criminility ever issues in my life nor any misrepresentation. I m worried why my file put on hold by another immigration office instead of my local office which is quite unusual. Where as my test and citizenship interview was held in my local immigration office. My time line is as under # Application sent # Dec 18, 2017....Application received #Dec 22, 2017....AOR# Feb 10, 2018.....In process# March 18, 2018......Physical Appearence#1357 days....Letter received for test interview # May 31, 2018.......Citizenship test/ interview # June 20, 2018.........My GCMS Notes are as under # Knowledge # Passed......Residence # Not started......Prohibtion # Not started......Criminilty # Passed ......Tax filling information # Matched .....CIT RCMP Screening# No Reportable Trace.....FOSS# N.....Resticted notes# N.....Decleared Prohibtions # N.......GCMS status# On hold as instructions from another immigration office since Nov 11, 2018......where as my ECASE Status still shows "in process".
As I said, I am
NOT an expert. I am
NOT qualified to offer personal advice. I cannot express a reliable opinion about your case in particular.
I can suggest that there are basically two approaches to your current situation: WAIT or Consult with a lawyer.
Which approach YOU decide to take should be based on YOUR best grasp of the situation. If you are confident there is NOTHING amiss in your qualifications, it should be OK to WAIT and WATCH for communication or notice from IRCC. If you decide to wait, you can change your mind anytime and go to a lawyer.
I am ordinarily hesitant to analyze particular details in an individual case, for many reasons . . . in addition to the fact that I am NOT an expert and NOT qualified to evaluate an individual case, there are, for example, undoubtedly OTHER details of import . . . and again, this is not an appropriate forum for sharing anywhere near enough personal details to support a reliable assessment. Again, other than consulting with family or close friends or trusted associates,
it is far better to go to a lawyer with whom you can share details in the context of formal confidential communications.
I will note some aspects of what you report, with the CAVEAT that I do NOT know, with any degree of confidence, if these are significant, let alone important . . . these are just some things that jump out a bit:
PNP Program versus what you in fact did . . . with some wondering about the sponsoring employer as well. Again, I do NOT KNOW if this is significant. CIC and IRCC have identified some immigration fraud involving exploitation of PNP programs, ranging from instances of individual fraud to fraudulent schemes. If, for example, a particular "employer" has become associated with identified fraud (essentially an employer being paid to facilitate immigration rather than genuinely bringing in skilled workers for the employer), that can lead IRCC or CBSA to investigate any or all such immigrants that employer was involved in sponsoring. Additionally, settling your family in Canada and leaving may have triggered inquiries into the genuineness of the sponsorship. I want to emphasize that I DO NOT KNOW if this is an issue, NOT at all. It may depend on what you did, where you lived and worked when you did come to Canada personally (that is, whether your personal circumstances might suggest there was NO intent to follow through with the PNP program; that it was just used as a means to get status in Canada).
PRESENCE CALCULATION: Your numbers versus your characterization of absences hint of some incongruity. Four trips to the home country during the "eligibility" period (December 2012 to December 2017), suggests just three (at most) AFTER you say you settled in Canada in 2013 . . . in contrast, 1357 days physical presence suggests that during a period significantly longer than four years you were absent at least nearly five months or so total. Your characterization of the trips, as "short spells," is not, not in itself significant, but it is at least incongruous if not inconsistent with trying to OBJECTIVELY review your facts to discern if you can identify what might be problematic. Three "short spells" do not add up to nearly five months. In regards to this I am NOT suggesting this is an issue, let alone THE issue . . . the point is, if you are trying to discern whether you may have a problem serious enough to warrant obtaining a lawyer, you need to be more objective, even brutally objective, about the facts in your case . . . look at them in as negative light as you can. If, after assessing your case, yourself, as brutally objective as you can, you are still confident there should be no problems with your qualifications, it should be OK to WAIT . . . and IRCC will sort things out. BUT you really do need to be more critical in how you personally evaluate the particular details.
Leading to . . .
Potential MISREPRESENTATION: Again, with emphasis, I do NOT KNOW what your particular details are. I already noted that IRCC and CBSA are aware that the PNP programs are often exploited, and thus there is the possibility IRCC or CBSA is making sure there was no fraud or misrepresentation there. You appear to have casually dismissed the possibility of ALLEGED misrepresentation in regards to that . . . but as I noted, the fact you clearly did not follow through with the program, at least initially, but in the meantime settled your family in Canada (this is assuming YOU were the primary applicant), at the least raises A QUESTION for IRCC to make inquiry about. Here too, if you were being brutally objective in assessing your own situation, you should have readily recognized this as a potential issue. Are there other aspects of your application which you have similarly assessed in a favourable light rather than a brutally objective light?
Which brings up the police certificate issue. In conjunction with the Presence Calculation. And how you responded to item 10.b. in your application.
I applied for citizenship on December 18, 2017 and I passed my test and interview on june 20, 2018. During citizenship interview, the immigration officer asked to provide the police character certificate within 30 days which was missing in my file
The relevant FOUR year period, for the question posed in item 10.b. (in the CIT 0002 (10-2017) version of the application, which is the one you would have used in December 2017), was December 18, 2013 to December 17, 2017 . . . during which you specifically report only three "short spells" spent in your home country (assuming the time in the home country before that was the fourth time within the "eligibility" period), and otherwise you seem to be reporting FEWER than a total of 183 days abroad (you report 1357 days in Canada in those four years, since you report being absent during the previous year) . . . let alone in your home country specifically. SO WHY DID IRCC WANT A POLICE CLEARANCE IN YOUR CASE?
Maybe I got these numbers wrong or am overlooking something. BUT your account suggests NO reason to think a home country "police character certificate" was "missing" in your file, since the facts you report did NOT require including a police certificate with the application. Were the details in your application such that you did or should have checked yes in response to item 10.b. and included a police certificate? If so, that is NOT consistent with the other information you report. Otherwise, if your numbers are correct and you were NOT in your home country for a total of 183 or more days between December 18, 2013 and December 17, 2017, do you have an idea why IRCC wanted a police clearance from your home country?
I am NOT suggesting you post further details in an effort to clarify this. I am merely trying to highlight some questions
YOU might ask YOURSELF in an effort to more fully assess your case OBJECTIVELY . . . so you can make a better informed decision
FOR YOURSELF as to whether it is OK to wait and see, or whether you should see a lawyer sooner rather than later.
No one here can reliably determine whether there is potentially a serious issue lurking in your case. My guess is that there is NOT . . . that this is headed toward taking the oath. BUT that is just a GUESS, a for what its worth GUESS.
THUS . . .
THE ABOVE IS NOT TO SUGGEST YOU HAVE ANY SERIOUS PROBLEMS. I DO NOT KNOW. YOUR OUTLINE OF FACTS SUGGESTS THERE SHOULD
NOT BE ANY SERIOUS PROBLEMS.
But it would probably be prudent to re-evaluate your case, YOURSELF, looking at things from a more critical, objective perspective, looking for problems, including what might lead to the APPEARANCE of an issue or concern.
The ATIP response, the client copy of GCMS records, is NOT going to illuminate much. YOU know your facts. Take off the rose coloured glasses and look at them critically. And decide for yourself whether to continue waiting (after all, you could receive notice to take the oath this week) or whether you should go see a lawyer.