Applications for Canadian Citizenship: File Splitting for Applicants who Require a Hearing

Applications for Canadian Citizenship: File Splitting for Applicants who Require a Hearing

Operational Bulletin 529-A – September 05, 2013

Summary

This Operational Bulletin elaborates on the scenarios for file splitting. This includes cases where officers defer the processing of some family members’ applications. This usually happens because another member of the family requires a hearing.

Issue

Officers of Citizenship and Immigration Canada (CIC) create one file for each family group that applies simultaneously for citizenship. However, situations could arise where some family members need to attend a hearing with a citizenship judge. This holds up the processing for other family members listed on the same file. Thus, it becomes a significant source of delay in processing cases.  

The rest of the family members cannot move to the next stage unless the family member attends the hearing. Only after the hearing takes place, can the entire family proceed to the Ready for Decision Stage in the Global Case Management System (GCMS).

To facilitate faster processing of such cases, CIC allows officers to split files. Thus, other family members can move to the next stage independently of the delayed family member. File splitting helps improve client services and the speed with which officers can process immigration cases.

Background

Estimates suggest that nearly 85 percent of hearing referrals take place for reasons of:

• Language
• Knowledge or,
• Language and knowledge together

Each file contains an average of 1.4 to 1.5 cases. Thus, for every 100 cases in the hearing queue of a local office, there would an additional 40 – 50 people awaiting the outcome of the hearing. Each hearing has a lengthy processing time. Therefore, this creates additional work for CIC staff. The biggest source of additional work involves reworking clearances that expired while awaiting a hearing.

By splitting applications, CIC staff can facilitate the processing of family members who do not require a hearing. This results in reduced delays and waiting periods for these clients. CIC officers would accommodate most requests for splitting files.

However, they would need to ensure that they maintain program integrity measures consistently. When the citizenship process reaches the hearing stage, the focus centres around issues of:

• Possible misrepresentation and,
• Residency issues

Therefore, CIC officers could exclude certain files, where the splitting could result in various integrity issues. For example, if residency issues exist for any client on a specific file, CIC officers would not split that particular file.

The Citizenship Policy Manual provides instructions related to splitting files in security cases. CIC officers consider other requests to split files in exceptional circumstances, on a case-by-case basis. Such exceptional circumstances could include grounds of urgency, a breakdown in relationships etc.

CIC officers would not split files until they have reworked all the expired clearances on the file. Thus, they would only split such files after updating the details for all family members listed on the file.

Procedure

This Operational Bulletin links to procedures prescribed for conducting language and knowledge assessments (including re-tests).

CIC officials would consider splitting a file that has more than one applicant listed on it, if:

• A client listed on the file does not pass the written test or,
• The CIC official is unable to positively assess requirements concerning:
• Language only
• Knowledge only
• Language and Knowledge combined

This helps in avoiding unnecessary delays in processing other family members.

Note:

• In “Knowledge only” cases, the timing of the file split is different
• CIC officials would exercise additional care to identify verified parentage in case there are any minors listed on the file

File Splitting Procedures in Knowledge Only Cases

According to OB 530-A, CIC officials would split a file only after ascertaining the results of the second test. CIC officers would follow the steps given below for processing these cases. They would:

• Check the file to see if it contains any minor applications, before they meet the clients. If the file has minor applications, the officers would:
• Check whether the parentage was established only to the client who requires a second written test
• In the event that the above-mentioned statement is true, they would follow the procedures listed in the section titled Additional Procedures – Verifying Parentage
• Meet clients to communicate the results of their tests
• Inform affected clients that they have an opportunity of taking a re-test
• In case the affected clients:
• Pass the re-test: No further action would be necessary
• Fail the re-test: The clients would require a hearing with a judge
• Inform clients that the decision to split or not split the file would be reached once the officers know the outcome of the second test of the affected family members
• Inform clients that they would:
• Split the file, if family members fail the re-test
• Not split the file, if all family members clear the re-test (i.e. all family members would proceed to the final stage)
• Inform clients that they would split the files for clients who clear the:
• Written test and,
• Language assessment
• Inform clients that splitting the file would enable the eligible family members to proceed through the rest of the process instead of having to wait for the completion of the hearing of the other family members
• Inform clients about how splitting the file would affect the minor children on file (if applicable) e.g.:
• The CIC could also split minor children from the file or,
• The CIC could attach the minor children with the parent who requires a hearing
• Split all affected files once the results of the second test are:
• Published and,
• Processed in the GCMS
• Hand over files with no concerns to a citizenship judge for paper review and decision
• Add cases requiring a hearing to the local office’s hearing inventory (based on local office procedures)

Note:

• CIC would split files automatically if the affected client does not pass the second test
• CIC would not split the file if they receive a request from the family to remain together as a family unit during processing
• Clients would need to submit the Request to Maintain File form to avoid the splitting of their file

File Splitting Procedures in Language Only and Language and Knowledge Combined Cases

Based on updates received as of September 03, 2013, clients referred for a hearing for language only, do not require a re-test. Clients requiring a re-test would have:

• Failed the written test and,
• Language issues

CIC officers could consider splitting the files in these cases as well. However, they would only do so once they know the results of the re-test.

CIC officers would follow the steps given below for processing these cases. They would:

• Check the file to see if it contains any minor applications, before they meet the clients. If the file has minor applications, the officers would:
• Check whether the parentage was established only to the client who requires a second written test
• In the event that the above-mentioned statement is true, they would follow the procedures listed in the section titled Additional Procedures – Verifying Parentage
• Meet clients to communicate the results of their test and language assessment
• Inform the affected clients that they would require a hearing with a judge
• Inform clients that they would split the files for clients who clear the:
• Written test and,
• Language assessment
• Inform clients that splitting the file would enable the eligible family members to proceed through the rest of the process instead of having to wait for the completion of the hearing of the other family members
• Inform clients about how splitting the file would affect the minor children on file (if applicable) e.g.:
• The CIC could also split minor children from the file or,
• The CIC could attach the minor children with the parent who requires a hearing
• Split all affected files once the results of the second test are processed in the GCMS
• Hand over files with no concerns to a citizenship judge for paper review and decision
• Add cases requiring a hearing to the local office’s hearing inventory (based on local office procedures)

Note:

• CIC would not split the file if they receive a request from the family to remain together as a family unit during processing
• Clients would need to submit the Request to Maintain File form to avoid the splitting of their file

Additional Procedure – Verifying Parentage

For establishing the parent-child relationship, when submitting an application on behalf of a minor child, clients would need to submit:

• A birth certificate or,
• Any other acceptable evidence

This is in accordance with Sections 2.13 to 2.17 of CP4.

In some cases, the evidence submitted could establish parentage to one parent only. Therefore, CIC officers would need to execute additional steps when they consider splitting the file in these situations. Thus, the CIC officers would:

• Consult the physical file to review evidence of parentage, before they communicate the results to clients (if there are minor children on file)
• Request for additional documentation to establish the link to the other parent for facilitating the file split (if the evidence submitted only established parentage to the parent requiring a re-test or a hearing)
• Request for additional documentation in written form with a specific timeframe within which the clients need to respond (usually 60 days)
• Split the file in these circumstances (whichever occurs earlier):
• Once the client returns with additional document or,
• After bringing forward the case by 67 days comprising:
• Sixty calendar days for compliance and,
• Seven days for mailing purposes
• Keep the minor application on the file of the client requiring further assessment, If the clients provide no additional evidence

Note:

• In case the parentage has already been established to the parent who is ready for a decision, CIC officers would follow the procedures mentioned earlier in this bulletin
• Normally, CIC gives clients 60 calendar days to produce further documentation
• This 60-days timeframe matches the proposed maximum time limit for re-testing
• CIC officials could also verbally offer re-test candidates the option to return documentation on the date of the re-test at their office
• CIC officials could encounter cases where additional documentation might not exist or be difficult to obtain for:
• Protected persons or,
• Children from a previous relationship

Transitional Measures – Cases Already Present in the Hearing Inventory

CIC officials could split cases to allow other family members to proceed with their applications, for cases referred for a hearing for:

• Language only
• Knowledge only or,
• Language and knowledge combined

For Knowledge only cases, local offices could:

• Link the file splitting option to the client’s re-test
• Provide clients with the option to not split the file and thus, mail the following forms (according to OB 530-A):
• Request to Maintain File form
• Notice to Appear to Re-write a Citizenship Test and,
• Re-test Special Notice

For Language only or Language and Knowledge combined cases, local offices should:

• Mail the Request to Maintain File form to clients
• Request clients to submit the completed forms within 30 days
• Bring forward files by 37 days comprising:
• Thirty calendar days for compliance and,
• Seven days for mailing purposes
• Keep the file without splitting, once they receive the completed form from the clients
• Split the file according to procedures, if they do not receive the completed form by the brought-forward due date

Source: Citizenship and Immigration Canada (CIC)