Federal Skilled Workers

Re-testing

Colin R. Singer
May 6, 2015

Appendix F – Re-testing

The Procedure / Re-testing Policy

Segregating first-time testers from those taking a re-test would enhance the accuracy of test performance reports. Therefore, local offices would schedule and hold re-testing sessions as separate events.

Local offices can prescribe tests and re-tests for applicants if the applicants:

Are clearly prohibited
Have not met the basic residence requirements owing to:

Insufficient permanent resident time or,
Section 21 (where the applicant is a paroled inmate or has been in jail or under a probation order)

Face an enforceable removal order
Are permanent residents no longer
Have not provided court documents and/or their fingerprints
Have been in Canada for 900 days or less

Exceptions to Testing / Re-testing

The local office staff cannot schedule a test/re-test for applicants, if the applicants request a hearing with Citizenship and Immigration Canada (CIC). This could be because the applicants:

Do not read English or French
Have a medical condition that prevents them from writing the test e.g. a mental disability or any cognitive, psychiatric or psychological condition

Monitoring and Reporting

The local office staff would monitor and report performances manually. Their reporting template would contain:

Test session performance (i.e. pass, fail, no-show etc.) and,
Test details (i.e. first test, re-test, re-test inventory etc.)

Communicating Test Results and Further Steps

Successful Applicants

The local office staff would inform applicants who pass the test:

That they would proceed to the citizenship ceremony if they meet all the other requirements – pending a final decision by the citizenship judge
About the timelines for the ceremony (either on-the-spot or via a mailed notice)

Unsuccessful Applicants (First Test)

The local office staff would:

Provide applicants their test scores (without discussing the outcomes per question)
Give applicants a copy of the information sheet titled Notice – Results of Your Citizenship Test and Next Steps – Annex 1
Inform applicants that they can withdraw their applications (without recommending this explicitly) if the applicants would not be able to meet the knowledge requirements
Provide applicants with a copy of Discover Canada

They would also inform the applicants that:

The applicants would only have one re-testing opportunity
The re-test would take place in approximately four to eight weeks
If the applicants do not appear for the re-test and do not inform the staff about their absence within 60 days from the date of the scheduled re-test appointment, then the staff would:

Close the applicant’s files and,
Refund the Right of Citizenship fee of $100
In this situation, the applicants could submit a fresh application with the necessary fees for obtaining citizenship

Some files could contain more than one applicant. In this scenario, the Citizenship and Immigration Canada (CIC) would split the file if the unsuccessful applicants in the file, also fail the re-test. Thus, the successful applicants would proceed to the next stage. Similarly, the unsuccessful applicants would appear for the hearing. However, families could make a request to stay as a unit during the processing stages.

Unsuccessful Applicants (Re-test)

The local office staff would provide applicants with:

Their test score
A copy of the information sheet titled Notice – Results of Your Citizenship Test and Next Steps – Annex 1
An intimation that the applicants would have to meet a citizenship judge for an oral interview

The staff would also return the file to its original place in the hearing queue (if the applicant came from the hearing inventory).

Implementation Plan

Group 1: Applicants taking the test (First-time testers)

Effective September 3, 2013, local office staff would:
- Inform applicants that they would need to take a re-test if they fail – regardless of any other issues with their file
- Use the new Notice to Appear – To Re-write a Citizenship Test
For applicants served through itinerant service, local offices could provide operationally feasible options like:
- Testing sessions without a judge being present
- One pass sessions in the presence of a judge
Local offices could also split successful family files once the applicant(s) fail the first test. This is an exception to the specifications listed in OB 529-A. However, before splitting a file, local offices would need to ensure that there are no:
- Security concerns and,
- Residency issues for any client mentioned in the file

Group 2: Reduction of Hearing Inventory

Local office staff would arrange re-tests for applicants in the hearing inventory. They would also:
- Identify and segregate files marked for:
  - A knowledge hearing only or,
  - A knowledge combined with any other criteria hearing
  - Mark the files for place in the queue
  - Return the file to the hearing queue if the applicant fails the re-test
  - Conduct re-testing sessions separately from first-time test sessions
For hearings concerning knowledge combined with any other criteria:
- The previous instructions of OB 530-A do not apply any longer except where local offices have already scheduled files for a hearing. In this situation:
  - Judges could offer applicants the choice of proceeding with an oral knowledge evaluation or with a re-test
  - Office staff would complete the Retest Option for Adult Grant – See Annex 4 and attach it to the file