The Process for Retesting and Communicating Results of the Citizenship Knowledge Test

Operational Bulletin 530-A – September 05, 2013

The Process for Retesting and Communicating Results of the Citizenship Knowledge Test

Summary

The authorities have provided guidelines for re-testing applicants who:

• Fail the written knowledge test and,
• Are in the hearing inventory queue because they failed the following criteria:
• Knowledge only and,
• Knowledge combined with any other criteria

In addition, the authorities have provided additional instructions as well. These instructions advise the applicants of:

• Written test results immediately after testing and,
• The notification of file splitting

Lastly, the authorities have provided further instructions that notify the applicants of having the option to withdraw.

Issue

At present, the vast majority of the hearing inventory comprises applicants who have failed the knowledge test. Therefore, the authorities have decided to take the appropriate measures for:

• Reducing the hearing inventory
• Limiting the growth of the hearing inventory
• Increasing the numbers of decision ready cases and,
• Improving processing times

Therefore, the measures introduced by the authorities for achieving the objectives listed above include:

• Re-testing
• Communicating results and the next steps to the applicants and,
• File splitting (OB 529-A covers this topic in extensive detail)

The authorities have also focused on ensuring procedural fairness. Therefore, they have expanded the scope of re-testing to include applicants who:

• Have failed the knowledge test and,
• Have any combination of other criteria that requires assessment by a citizenship judge

Background

The authorities offered re-testing to citizenship applicants from March 2010 to February 2011. This was in accordance with the guidelines published in OB 244-B. However, this was a temporary measure. It aimed at mitigating the effect of the new citizenship test introduced by the authorities. The authorities had introduced the new citizenship test after publishing the new study guide Discover Canada.

This Operational Bulletin (OB) effective replaces OB 244-B. This is especially applicable to matters concerning the re-testing policy.

The Procedure / Re-testing Policy

The target audience for the re-testing policy comprises:

• Group 1: Applicants who fail the written knowledge test as of September 03, 2013
• Group 2: Applicants who are in the hearing inventory queue for having failed only the knowledge test (status quo – Refer to the details specified in the section on Phase II, given subsequently in this document)
• Group 3: Applicants who are in the hearing inventory queue for having failed the knowledge test, in addition to possessing any other combination of criteria that requires assessment by a citizenship judge, who choose to write a re-test (Refer to the details specified in the section on Phase III, given subsequently in this document)

The authorities would need to schedule re-testing sessions. In addition, they would need to hold these sessions as distinctive events from first time testers. This would facilitate greater accuracy levels in the reporting process. Officers would need to follow the instructions on the distribution of tests as per normal procedures.

The Monitoring and Reporting Activities

The authorities would need to take the appropriate measures for providing manual monitoring and reporting. In addition, all local offices would need to complete the prescribed templates on test session performances i.e. pass, fail, no-show etc. These templates must distinguish between first tests, re-tests and re-test inventory.

Officers might need to go through more details on this subject. Therefore, they would need to read the section titled “Phase III – Hearing Inventory Cases – Knowledge Combined with Any Other Criteria”, given subsequently in this document.

The Process for Communicating the Results of the Test and the Next Steps to the Applicants

The authorities have mandated that local office staff would need to communicate the results of the test to the applicants. This step comes into effect immediately. In addition, local office staff would need to communicate the results of the test to the applicants after all test sessions. Therefore, the staff would need to provide the applicant with the actual test score. However, they would not enter into any discussions regarding the outcome per question.

The provision of the test results would enable the applicants to:

• Gauge their performances
• Consider the option to withdraw and,
• Prepare consequently, for the re-test

In addition, officers would also need to explain to the applicants that the applicants have the option of withdrawing their applications for citizenship. It is worth noting that officers must not recommend that the applicant withdraw the application. Rather, the officers would need to inform the applicants that the option to withdraw their citizenship applications exists. This is particularly so if the applicants feel that they would not be able to meet the knowledge requirement. Furthermore, officers would need to maintain a constant supply of Discover Canada booklets. They would need to ensure that each applicant has a copy for studying too.

Situations might arise where officials might come across applicants that have literacy issues. In this scenario, the officers would need to inform the applicants that the applicants would need to visit the website of Citizenship and Immigration Canada (CIC). On this website, the applicants would be able to go through the Discover Canada in e-book and audio-version formats.

The authorities have strongly recommended officers to administer the written test first. Thus, the written test becomes the first step in the testing session. Thereafter, the officers could go about conducting the usual interview process. Following this process would lead to a reduction in the number of times that officers need to interact with the applicants.

In addition, the officers would also need to communicate the results of the test during the standard interview. This would ensure that all communication with the applicants takes place during one interaction. It also reduces the stress and anxiety that other applicants typically experience, when they wait to write the test.

The Process if the Applicant Passes

The local office staff would need to 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 to the applicant as per normal procedure)

Local offices might also want to consider providing applicants with the ceremony notice. The ceremony notice denotes the Notice to Appear – To Take the Oath of Citizenship. If it is operationally feasible, local offices could give the applicants the ceremony notice immediately after the test session. Following this practice would:

• Reduce the number of no-shows at the ceremonies
• Reduce the number of enquiries to the Call Centre and ,
• Improve client service

In addition, situations will arise where offices typically plan special enhanced ceremonies. By following the measures listed above, local offices could give applicants the choice of:

• Participating in the event or,
• Remaining part of a standard ceremony

However, offices adopting this measure would need to make the necessary inputs in the Global Case Management System (GCMS). They would typically do this after the test event.

The Process if the Applicant Fails (First Time Fail)

The local office staff would need to take certain actions when dealing with applicants who fail the test for the first time. The local office staff would typically need to:

• 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 (doing this indicates a first time fail)
• Inform applicants that they could consider withdrawing their applications for citizenship (without recommending this explicitly) if the applicants would not be able to meet the knowledge requirements
• Provide applicants with a copy of Discover Canada, if the applicants ask for a copy
• In some cases, the applicants might express their desire to continue with the processing of the application
  • In this scenario, the local office staff would need to advise the applicants that the office staff have scheduled the applicants for re-writing the citizenship test
  • The local office staff would also need to inform the applicants that the applicants would need to re-write the citizenship test in approximately four to eight weeks
  • In addition, the local office staff would need to schedule the re-test either on-the-spot or via a mailed notice to the applicant as per normal procedure

Note:

The local offices might want to consider providing applicants with the date of the re-test immediately after the test session – especially if this is operationally feasible. However, offices adopting this measure would need to make the necessary inputs in the Global Case Management System (GCMS). They would typically do this after the test event.

In addition, the officers would need to notify the applicants that:

• The applicants would only have one opportunity for re-writing the test
• 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 local office staff about their absence within 60 days from the date of the scheduled re-test appointment, then the local office staff would:
• Close the applicant’s files and,
• Refund the Right of Citizenship fee of $100
• In this situation, the applicants would need to submit a fresh application with the necessary fees for becoming Canadian citizens
• Officers would need to refer to OB 476-B titled Abandonment / Closure of Applications, as it carries more information on the subject
• If the applicants should fail the test a second time, then the applicants would need to prepare for a scheduled oral interview with a citizenship judge
• The local office staff would need to inform the applicants that wait times for interviews will generally be very long

Note:

In some situations, applicants might receive re-test notices prior to September 03, 2013. The local office staff would still need to schedule these applicants for a hearing with a judge. This is especially so if these applicants do not appear for the re-test. The authorities have also specified these instructions in the re-test notices.

• In some situations, one or more applicants could be a part of the file
• In this scenario, the local office staff would need to inform applicants who clear their test and language assessments that:
• Citizenship and Immigration Canada (CIC) would split the file because the case was becoming ready for a decision
• Citizenship and Immigration Canada (CIC) typically splits files to allow family members who have cleared their test and language assessments to proceed through the rest of the process without further delay, rather than having to wait for the completion of the hearings of their other family member(s)
• Citizenship and Immigration Canada (CIC) would do this automatically if and when the affected applicant is unsuccessful at the re-test
• However, if the family requests to stay together as a family unit during the processing stages, the Citizenship and Immigration Canada (CIC) would not split the file
• The local office staff might require further information concerning the splitting of files
• They would need to refer to:
• OB 529-A that carries details on file splitting and,
• Appendix A titled The Request to Maintain File Form (local office staff would need to complete this at the interview
• It is worth noting that offices would need to desist from splitting the file until they know the results of the re-testing

Note:

Situations might arise where applicants seen in person, request for a copy of Discover Canada. The local office staff would need to provide these applicants with a copy of Discover Canada.

The Process if the Applicant Fails (Second Time Fail)

The local office staff would need to provide applicants who fail the test for a second time with:

• Their test score
• A copy of the information sheet titled Notice – Results of Your Citizenship Test and Next Steps – Annex 1 (this indicates a second time fail)
• An intimation that the local office staff have scheduled the applicants for an oral interview with a citizenship judge
• The notification that wait times for interviews will generally be very long

In addition, the staff would also return the file to its original place in the hearing queue. However, they would only do this if the applicants were in the hearing inventory.

The Implementation Plan

Phase I commences from June 03, 2013. It involves the launch of re-testing in all offices with new applicants i.e. first time testers.

Officers would need to inform applicants that the local office staff would schedule the applicants for a re-test, if the applicants fail their knowledge tests. This is regardless of whether or not any issues exist with their files. Typically, officers would need to inform applicants of this during the testing preamble.

To achieve this, the authorities have instructed the local offices to update their current preamble script. Amended preamble scripts must bear semblance to the sample paragraph given below:

If you do not obtain a pass mark (15/20) on your test today, you will be scheduled to re-write the test in approximately 4-8 weeks. You will be notified by mail of the date and time of your re-test. Please take this opportunity to prepare accordingly using the Discover Canada study guide. If you do not pass your re-test, you will be required to attend an oral interview with a citizenship judge.

The Process for Scheduling Re-testers

Typically, the local offices would need to provide a gap of about four to eight weeks between the first and second tests. Only after the lapse of this period should the local offices consider re-testing failed applicants. During this intervening period, the applicants could utilise their time by studying and preparing for the re-test appropriately.

It is also worth noting that local offices have the option of scheduling applicants for a re-test. That too, even if the applicants do not have valid clearances. However, the officers would need to ensure that all clearances are valid, before they refer any files to a judge. Therefore, the officers would need to conduct checks on the:

• Field Operations Support System (FOSS) and,
• Global Case Management System (GCMS)

Ideally, the offices would need to conduct these checks before the re-test as per normal procedure. This is in accordance with the guidelines published in OB 263.

The authorities have published a new Notice to Appear – To Re-write a Citizenship Test in the Global Case Management System (GCMS). Therefore, the local offices would need to use this new notice, with effect from September 03, 2013.

In addition, the officers would need to undertake a proper identification of applicants as per normal procedure. They would need to complete this exercise prior to the test session. Moreover, a citizenship officer would need to attend the event, in case any specific issue arises i.e. a language screening issue etc.

Itinerant Services

The instructions specified below are only applicable to applicants served via itinerant services. Local offices have the desired levels of flexibility to offer applicants only those options that the offices deem as being operationally feasible.

Testing Sessions Only (No Judge Present)

Some offices would be delivering testing sessions during an itinerant service trip. These offices could present the following re-test options to applicants:

• Make the applicant wait until the itinerant service returns to that location and re-test
• Receive requests from applicants for scheduling the re-test at any Citizenship and Immigration Canada (CIC) office if the applicants do not want to wait for the next planned itinerant service offering
• This is in accordance with the guidelines published in OB 483 i.e. In-Canada Itinerant Services
• In this scenario, the officers could facilitate the temporary transfer of the file for accommodating the applicant if:
• The applicant express the desire of preferring to travel to a different Citizenship and Immigration Canada (CIC) office than the office performing itinerant services in the vicinity and,
• The applicant is aware that  the applicant would be travelling to a location where there is a test at a Citizenship and Immigration Canada (CIC) office in six weeks or more
• Alternatively, the officer could instruct the applicant to contact the Call Centre if the applicant prefers to travel to another Citizenship and Immigration Canada (CIC) office
• In this scenario, the officers would need to give the applicant a minimum of six weeks’ notice before scheduling a re-test appointment
• In addition, the Call Centre would need to send the referral to the appropriate office for action
• However, the officers would only take these measures if:
• The applicant express the desire of preferring to travel to a different Citizenship and Immigration Canada (CIC) office than the office performing itinerant services in the vicinity and,
• The applicant is unsure of whether the applicant will travel to another Citizenship and Immigration Canada (CIC) office

Typically, the office receiving the referral would need to arrange for the file transfer. Thereafter, the office could transfer the file back to the responsible office for finalising. However, the office would only transfer the file back to the responsible office once the re-test is complete.

Furthermore, receiving offices would need to input the appropriate case notes into the Global Case Management System (GCMS). The case notes entered must document the applicant’s choice. Receiving offices would typically comprise:

• The Citizenship and Immigration Canada (CIC) office or,
• The Centralised Processing Region office

Note:

• Officers would need to ensure that applicants do not do a re-test on the same day

One Pass Sessions (Judge Present)

Some local offices might be scheduling a combination of tests, hearings and ceremonies during an itinerant service trip. These offices could present the following options to applicants. They could suggest that the applicant:

• Waits until the itinerant service returns to that location and re-test
• If the applicant passes the re-test, the offices could consider scheduling the ceremony on the same day (via a one-pass)
• Receive requests from applicants for scheduling the re-test at any Citizenship and Immigration Canada (CIC) office if the applicants do not want to wait for the next planned itinerant service offering
• This is in accordance with the guidelines published in OB 483 i.e. In-Canada Itinerant Services
• In this scenario, the officers could facilitate the temporary transfer of the file for accommodating the applicant if:
• The applicant express the desire of preferring to travel to a different Citizenship and Immigration Canada (CIC) office than the office performing itinerant services in the vicinity and,
• The applicant is aware that  the applicant would be travelling to a location where there is a test at a Citizenship and Immigration Canada (CIC) office in six weeks or more
• Alternatively, the officer could instruct the applicant to contact the Call Centre if the applicant prefers to travel to another Citizenship and Immigration Canada (CIC) office
• In this scenario, the officers would need to give the applicant a minimum of six weeks’ notice before scheduling a re-test appointment
• In addition, the Call Centre would need to send the referral to the appropriate office for action
• However, the officers would only take these measures if:
• The applicant express the desire of preferring to travel to a different Citizenship and Immigration Canada (CIC) office than the office performing itinerant services in the vicinity and,
• The applicant is unsure of whether the applicant will travel to another Citizenship and Immigration Canada (CIC) office
• If possible, the offices could offer the applicant the opportunity to waive the re-test and thereby, proceed directly to a hearing with a judge
• In this situation, the offices would need to allow for some flexibility in the judge’s hearing schedule for accommodating at least a couple of hearings, if required
• Therefore, the offices would need to check the number of failures in a given day and take appropriate steps for managing the judge’s time effectively
• If the applicant opts for this alternative, the office would need to get the applicant to complete Annex 3 i.e. the Waiver of Retest for Adult Grant form

Note:

• Offices would need to adjust the timelines accordingly for the re-test sessions in their preamble scripts

File Splitting

Offices would need to split successful family files immediately after the applicant(s) fail the test at the first attempt. They would avoid splitting the files if the applicant(s) are proceeding to hearing on the same and thereafter, emerge successfully from the hearing.

This is an exception to the instructions published in OB 529-A. According to this exception, offices could consider making the remaining family members avoid further delays. Thus, the offices could let these family members proceed to the ceremony once the authorities approve the application.

However, offices would typically only do this when:

• They have ensured that there are no security concerns before initiating a file split and,
• The remaining family members are part of the same file and can proceed to the ceremony on receiving the approval on their applications

Phase II – The Reduction of Hearing Inventory – Knowledge Only

Knowledge Hearing Inventory Applicants

The officers would need to schedule re-testing sessions for applicants currently in the hearings inventory. However, they would only do this if the applicants have only failed the knowledge test.

Triage

The offices would need to begin a triage of inventory applicants as soon as possible. For this, the offices would need to:

• Identify files flagged for a knowledge hearing only
• Ensure files are marked for place in the queue
• This is useful because the officers would need to place the file back in the hearing queue, if the applicant fails the re-test

Note:

• Local offices have the ability to schedule applicants for a re-test without valid clearances
• In accordance with routine procedures, the offices would need to:
• Re-work clearances if they have expired and,
• Schedule hearings only after they have updated the clearances

Local offices would need to ensure that they do not schedule the following types of files in the knowledge hearing inventory for a re-test. They would need to ensure that these files continue to remain in the hearing inventory. These files include:

• Files for which the local office has already scheduled a hearing
• Files for which the local office would be scheduling a hearing soon (the local office has the discretion over the length of time before it schedules a hearing)
• Files where an applicant has failed the knowledge test and has a Residence Questionnaire (RQ), even if the review of the Residence Questionnaire (RQ) does not elicit any concerns and,
• Files for applicants who are 55 years of age or older

The Process for Scheduling Re-testers – Hearing Inventory Applicants

It is worth noting that local offices would need to hold re-testing sessions separately from first time testers. This would facilitate greater accuracy levels during reporting.

In addition, local offices that have a small knowledge hearing inventory would need to:

• Ensure that they give the applicant a gap of four to eight weeks between the time the applicant first wrote the test to the date when the local office schedules the re-test for the applicant and,
• Include the following documents in addition to the Notice to Appear – To Re-write a Citizenship Test:
• Annex 2 i.e. the Notice – Rewriting the Citizenship Test
• A copy of Discover Canada and,
• The Request to Maintain File form (Appendix A and OB 529-A that deal with file splitting)

The local offices would need to be able to schedule applicants in the hearing inventory. For this, it must  re-work all files to the test stage.

Phase III – Hearing Inventory Cases – Knowledge Combined with Any Other Criteria

Local offices would need to schedule applicants who are in the hearing inventory for a hearing with a citizenship judge if the applicants have:

• Failed the written knowledge test and,
• Been flagged for a hearing for any other issues such as:
• Language
• Residency
• Criminality and,
• Security

Citizenship judges would need to assess all other criteria first. Only after completing this, would they offer the applicant with the choice of:

• Proceeding with the oral knowledge evaluation or,
• Being scheduled for a re-test

Citizenship judges would need to follow this process with effect from September 03, 2013.

In some situations, the applicant might opt for proceeding with the oral knowledge evaluation. In this scenario, the citizenship judge would need to get the applicant to complete the Retest Option for Adult Grant (see Annex 4). Thereafter, the citizenship judge would need to attach this to the file. Then, the citizenship judge would need to conduct the oral knowledge evaluation. Lastly, the citizenship judge would need to finalise the decision as per normal procedures.

In other situations, the applicant might prefer that the local office schedule a re-test for the applicant. In this scenario, the citizenship judge would need to get the applicant to complete the Retest Option for Adult Grant (see Annex 4). Thereafter, the citizenship judge would need to attach this to the file.

Thereafter, the local office staff would need to rework the Global Case Management System (GCMS). Following this, the local office staff would need to schedule the applicant:

• Within a minimum of four weeks or,
• On a priority basis

This is because the citizenship judge is now in possession of the file. In case the applicant is successful at the re-test, the local office staff would need to refer the file to the same citizenship judge. This would enable the citizenship judge to finalise the decision as per normal procedures.

It is worth noting that the citizenship judge has 60 days for rendering a decision on the file. In some situations, this might not be possible or doable. If this is the case, then the local office staff would need to complete a suspension of the processing of the application.

In some cases, the applicant might be unsuccessful at the re-test as well. In this scenario, the local office staff would need to schedule the applicant for a knowledge hearing with the citizenship judge.

Note:

• The local office staff would need to schedule applicants who opt for the re-test in a re-test session
• They would do this primarily for monitoring and reporting purposes
• In some situations, the local office staff might need to schedule the applicant with regular re-testers (i.e. non-hearing inventory)
• This would typically take place in cases where the local office is unable to accommodate a re-test in a hearing inventory re-test session
• In this scenario, the local office staff would need to complete two test reporting templates for the test event
• This would enable them to capture both categories of re-testers including:
• The Retest: Applicants who fail the first test post June 03, 2013 and,
• The Retest: Knowledge Hearing Inventory

The Process for Applicants Approaching 55 Years

Among the hearing inventory files, there might be some files, where the applicant has turned 55 years of age. If the local office comes across such files during the triage of hearing inventory files, it would need to remove these applications from the hearing inventory.

Thereafter, it would need to refer these applications to the judge for a paper review. If there are no other concerns with the file, the local office could even refer these applications to the judge for a decision.

Some applicants could turn 55 years of age on or before the date of the re-test event. If the local office comes across such files during the triage of hearing inventory files, it would need to remove these applications from the hearing inventory.

Thereafter, it would need to refer these applications to the judge for a paper review. If there are no other concerns with the file, the local office could even refer these applications to the judge for a decision.

 

Source: Citizenship and Immigration Canada (CIC)