Operational Bulletin 407-D – November 08, 2013

Standardising the Preparation of Citizenship Grant Applications

Issue

The authorities have highlighted program integrity as being one of the key objectives in the Citizenship program. This Operational Bulletin (OB) aims to refine the specifications of the Citizenship program. It also seeks to ensure that the authorities only grant citizenship to those applicants that meet all the requirements for Canadian citizenship.

This OB seeks to inform citizenship staff that the authorities have made three significant changes to the manner in which the staff prepare citizenship applications. These include:

• Introducing and providing instructions concerning the new File Requirements Checklist
• The changes made to the Residence Questionnaire (RQ) that citizenship staff give to some applicants and,
• Providing instructions and templates that citizenship staff would need to use for standardising the manner in which they prepare the following cases for review and decision by a citizenship judge:
• Residence cases
• Immigration cases and,
• Prohibitions

The following documents came into force on May 07, 2012:

• The new File Requirements Checklist
• The file preparation templates and,
• The Residence Questionnaire (RQ)

In addition, citizenship staff would need to note that they would need to replace all customised local office forms for the following cases by the Residence Questionnaire (RQ) and the file preparation templates:

• Residence cases
• Immigration cases and,
• Prohibitions

The authorities have mandated that citizenship staff must use these new forms in all cases. The only exception to this rule is when citizenship staff are dealing with transition cases.

The authorities received feedback during the dialogue sessions. These sessions took place in Fall 2012 and Winter 2013. Based on the feedback given, they assessed the tools. Thereafter, they modified the file requirement checklist and the file analysis and preparation templates in July 2013. They did so to eliminate the duplication involved in data entry.

The authorities are also making various significant changes as of November 08, 2013. These changes involve:

• Application triaging
• Data entry
• Requests for documentation and,
• The preparation of Residence Questionnaire (RQ) cases

Background

The authorities have made changes to the existing process in November 2012 and July 2013.

The File Requirements Checklist – CIT 0508

The authorities have designed the new File Requirements Checklist keeping one objective in mind. The new File Requirements Checklist will ensure that the citizenship staff can see the relevant information easily on each file as it moves forward in processing. The system will print the entire checklist at the Case Processing Centre in Sydney (CPC-S). Thereafter, the citizenship staff will insert the checklist directly into each individual file folder.

The File Requirements Checklist will be the first document to appear, when citizenship staff open the citizenship file folder. Citizenship staff would need to note that they must note staple the File Requirements Checklist on top of each file.

The Case Processing Centre in Sydney (CPC-S) will complete Part A of the checklist. Part A includes a section concerning the completeness of the application. Similarly, the local offices would need to complete Part B of the checklist. Part B builds upon the information included in Part A. It includes:

• sections for follow-ups identified in Part A,
• Pre-interview sections
• Interview sections and,
• Additional space for the various checks and follow-ups that citizenship staff typically conduct at the pre and post-interview stages

Citizenship staff would need to ensure that they complete the File Requirements Checklist. This would ensure that the information prepared in the file is suitable in both, quality and consistency. This would in turn, enable the citizenship judge to review the file and make an informed decision on the application.

The instructions given below highlight how citizenship staff would need to complete each section of the File Requirements Checklist. Citizenship staff would need to note that the new File Requirements Checklist (CIT 0508) replaces the previous:

• File Requirements (CIT 0470) and,
• File Referral forms (CIT 0466)

Part A – To Be Completed by the Case Processing Centre in Sydney (CPC-S)

The Completeness Section

The Case Processing Centre in Sydney (CPC-S) used the application completeness checklists prior to May 07, 2012. The section on the completeness of the application replaces the application completeness checklists from now onwards.

This section focus on whether or not all the required information is on file for citizenship staff to commence processing the application. The Case Processing Centre in Sydney (CPC-S) has begun returning incomplete citizenship applications. It has been following this practice since November 2011. Therefore, the officers would need to ensure that they complete this section entirely. Only then would these files start moving forward in the process.

Note:

• The authorities made amendments to the list of items that applicants would need to submit along with their applications
• The new additions to the list of items required include:
• School records for children
• A photocopy of the passport bio-page
• The evidence of meeting the language requirements and,
• Translations from an accredited translator
• The authorities have made the amendments with effect from November 01, 2012
• As a result of the changes to the application kit, the authorities have also made a few modifications to the File Requirements Checklist
• The Case Processing Centre in Sydney (CPC-S) has also been returning incoming applications submitted using versions of the application form that are older than September 2012
• The Case Processing Centre in Sydney (CPC-S) has been following this practice since November 01, 2012
• In addition, the authorities previously made an update to the application form and the Residence Questionnaire (RQ) in September 2012
• The objective of this update was to include a consent mechanism for obtaining traveller history reports from the Canada Border Services Agency (CBSA)
• The authorities also included this component in the November 2012 version of the application form
• In addition, the authorities distributed the instructions for local offices to obtain traveller history reports in April 2013

Procedure – Part A of Checklist

The Case Processing Centre in Sydney (CPC-S) has been printing and completing the new checklist for all files received in the mailroom. It has been doing so since May 07, 2012. Therefore, the mailroom has been filling in the Completeness section of the checklist.

Typically, the application form will highlight the application consent to obtain the Integrated Customs Enforcement System (ICES) report. In certain situations, the application form might not have the application consent to obtain the Integrated Customs Enforcement System (ICES) report. In this scenario, the Case Processing Centre in Sydney (CPC-S) would need to indicate this on the File Requirements Checklist. Therefore, they would not generate the Integrated Customs Enforcement System (ICES) report.

However, in certain situations, the local office might determine that it needs the Integrated Customs Enforcement System (ICES) report. In this scenario, the officers would need to ask the applicant to provide consent in-person. Officers could refer to the Template – ICES report request here.

In some circumstances, the applicant might refuse to provide the consent again. In this scenario, the applicant would need to obtain the Integrated Customs Enforcement System (ICES) report via an Access To Information and Privacy (ATIP) request. Applicants would need to make this request to the Canada Border Services Agency (CBSA).

The Case Processing Centre in Sydney (CPC-S) mailroom might have already processed certain files prior to May 07, 2012. However, there is a great likelihood that these processed files might not have the new checklist. In these situations, the level 1 decision maker would need to complete Part A in its entirety. This is especially so if:

• The mailroom has already completed all the necessary steps and,
• The level 1 decision maker has not yet reviewed the application

In this scenario, the Case Processing Centre in Sydney (CPC-S) will also issue the Residence Questionnaire (RQ) as applicable in such cases.

Thereafter, situations will arise where the level 1 decision maker would have already seen an inventory of files on May 07, 2012. Thereafter, the officers would send this inventory of files to the local office. They would also send this inventory of files along with the old checklist.

Note:

• The Case Processing Centre in Sydney (CPC-S) has sent the vast majority of the remaining transition files to the local offices
• The Case Processing Centre in Sydney (CPC-S) has done this as of November 2012
• All files sent by the Case Processing Centre in Sydney (CPC-S) to the local offices would have the new checklists completed as well as attached

Part B – To Be Completed by the Local Citizenship and Immigration Canada (CIC) Offices

The local office would need to complete Part B of the checklist for all applications it processes. It will follow this practice with effect from May 07, 2012.

Part B contains:

• Sections that need completion before the applicant appears for the test or interview with a citizenship official
• A portion that will require completion during the applicant’s interview with a citizenship official and,
• A final section that would require completion after the citizenship judge’s decision, but prior to the citizenship ceremony taking place

Some of the verifications in Part B of the checklist are similar to certain sections contained in the previous checklist. The authorities have added various rows for follow-up items flagged by:

• The Case Processing Centre in Sydney (CPC-S) and,
• The Global Case Management System  (GCMS) or Field Operations Support System (FOSS) checks

Annex A contains detailed line-by-line information on Part B of the checklist.

The new checklist currently includes a portion that the local office would need to complete first. Only after the local office completes this portion can the applicant appear for the test or the interview with a citizenship official. Therefore, citizenship officials at the local office would need to review the file once the local office completes this portion. Only after these citizenship officials review the file can the applicant appear for the test or the interview event.

Situations might arise where a completed Residence Questionnaire (RQ) and various supporting documents are on file before the test or interview with the citizenship official commences. Therefore, officers have the authority to review this information before or after the test or interview session.

It is worth noting that citizenship officers are the only staff who can use the File Preparation and Analysis Template (FPAT). These citizenship officers would need to use the File Preparation and Analysis Template (FPAT) for conducting a formal analysis of:

• The Residence Questionnaire (RQ) and,
• Various supporting documents

Some portions of the File Preparation and Analysis Template (FPAT) might require data entry. The data entry could concern details such as the applicant name, absences etc. However, only another citizenship official (such as a clerk) can do this data entry. However, the citizenship officers would need to complete all the analysis portions of the template.

Procedure – Part B of Checklist

Officers would need to refer to Annex A for more information. Annex A contains detailed item-by-item instructions for completing the File Requirements Checklist.

Situations might arise where the Federal Court orders the authorities to make a redetermination on an existing citizenship application. In this scenario, the officers would need to forward the file for redetermination on an as-is basis. Therefore, they would not need to add the new checklist and preparation templates to the file. In addition, they do not need to request the applicant for a new Residence Questionnaire (RQ) either.

In certain cases though, the officers might need certain additional documents. In this case, the citizenship judge would need to contact the local office. The local office would obtain the necessary documents from the applicant.

Similarly, in certain cases, the citizenship judge might feel the need for conducting a hearing. In this situation too, the citizenship judge would need to contact the local office. The local office would thereafter, make the necessary arrangements.

The Residence Questionnaire (RQ)

The authorities revised the Residence Questionnaire (RQ) on May 07, 2012. Thereafter, they made other modifications to the Residence Questionnaire (RQ) on September 10, 2012.

The main amendment made to the Residence Questionnaire (RQ) involved the addition of a consent mechanism. This would enable the Canada Border Services Agency (CBSA) to provide the applicant’s history of entries to Citizenship and Immigration Canada (CIC). Upon receiving the consent, Citizenship and Immigration Canada (CIC) officials at the Case Processing Centre in Sydney (CPC-S) would be able to generate the traveller history reports. The authorities circulated detailed procedures for obtaining these reports on April 17, 2013. Officers would need to refer to Annex C for going through these procedures.

A Citizenship and Immigration Canada (CIC) official would first need to complete the table on the first page of the Residence Questionnaire (RQ). This table typically contains details such as:

• The UCI
• The File Number and,
• The Name

The Citizenship and Immigration Canada (CIC) official would also need to indicate the relevant period on the document. Only after doing this, would the official send or give the Residence Questionnaire (RQ) to the applicant.

It is worth noting that:

• The Residence Questionnaire (RQ) only requests documents that cover the applicant’s relevant period
• The officials must only take recourse to the Residence Questionnaire (RQ) on rare occasions, where they cannot obtain the information otherwise
• The officials can resolve most cases that have minor residence issues easily without requiring a Residence Questionnaire (RQ)

As mentioned above, the local office must only issue the Residence Questionnaire (RQ) to applicants as a measure of last resort. Therefore, the local office would only do this when they cannot obtain the information otherwise.

Situations might arise where various residence concerns arise at the local office. In these cases, the local staff would need to take all possible efforts for resolving the residence issues. That too, without using the Residence Questionnaire (RQ). Therefore, the staff has the authority to request specific documents from the applicants via the CIT 0520. It is worth noting that the last notice is CIT 0519. Officers must remember that each and every citizenship application is unique. Therefore, the types of documents that they request from applicants will tend to vary from one case to the next.

Again, situations might arise where the specific documents requested by the local staff do nothing to resolve the applicant’s residence issues. In this scenario, the local office would need to issue the Residence Questionnaire (RQ).

Citizenship and Immigration Canada (CIC) officials would need to indicate on the checklist whether they have requested for additional documents or not. These officials would need to review and analyse all the additional documents provided. Thereafter, the officers would need to write a brief assessment on page 4 of the File Requirements Checklist. However, they would only do so once the additional documents have resolved all the residence issues.

In situations where the residence concerns remain, the Citizenship and Immigration Canada (CIC) officials would need to complete the File Preparation and Analysis Template (FPAT). Officers could refer to Annex B for more details.

It is worth noting that the additional documents requested from one case to the next will vary. Therefore, the Citizenship and Immigration Canada (CIC) officials might only be able to complete the File Preparation and Analysis Template (FPAT) partially.

The Procedures

Within 45 calendar days, the applicant would need to submit:

• The completed Residence Questionnaire (RQ) and,
• The supporting documents

The applicant would need to send these submissions directly to the local office processing the file. In some situations, it is possible that the Residence Questionnaire (RQ) and the supporting documents will arrive at the local office before the physical file arrives from the Case Processing Centre in Sydney (CPC-S).

In many cases, the Case Processing Centre in Sydney (CPC-S) might issue the Residence Questionnaire (RQ). In each of these cases, the local office would need to match the Residence Questionnaire (RQ) and the supporting documents with the file.

Situations might arise where the applicant does not provide the following documents in the stipulated time:

• The completed Residence Questionnaire (RQ) and,
• The supporting documents

In this scenario, the officers could consider abandoning the application. They could refer to OB 476. OB 476 contains the procedures concerning the abandonment of citizenship applications, where the applicant does not provide a proof of residence.

The Case Processing Centre in Sydney (CPC-S) will include an orange tag in the file. This will help in identifying files where it has requested for the Residence Questionnaire (RQ) upfront. This change in process offers a significant advantage. It enables the local office to review the Residence Questionnaire (RQ) and supporting documents, prior to the applicant appearing for the test or interview with a citizenship official. Therefore, the interviewing official would be able to ask various follow-up questions as and when needed.

In certain cases, the Case Processing Centre in Sydney (CPC-S) might issue the Residence Questionnaire (RQ). In this scenario, the local offices would need to review:

• The completed Residence Questionnaire (RQ) and,
• The supporting documents

They would need to check that these documents cover the relevant period before or after the test or interview with a citizenship official. This highlights the risk that files that have an outstanding Residence Questionnaire (RQ) might still have an inadvertently scheduled test event in the Global Case Management System (GCMS).

To avoid this scenario, the Case Processing Centre in Sydney (CPC-S) would need to use the “On-Hold” feature available in the Global Case Management System (GCMS). Only after this would the Case Processing Centre in Sydney (CPC-S) send the application to the local office. The system would automatically deactivate the “On-Hold” feature in the Global Case Management System (GCMS) after 60 days. Therefore, the local office would need to re-activate it every 60 days. This is especially so if the officers have not received or analysed the Residence Questionnaire (RQ) at that specific point in time.

The local Citizenship and Immigration Canada (CIC) officials would receive and analyse:

• The completed Residence Questionnaire (RQ) and,
• The supporting documents

Only after this would the Citizenship and Immigration Canada (CIC) officials manually deactivate the “On-Hold” feature. Thereafter, they would invite the applicant for the test or the interview. The authorities encourage users to use the BF function. This would enable them to follow-up on these cases within 45 calendar days.

Note:

• Officers must note that the use of the “On-Hold” feature in the Global Case Management System (GCMS) does not necessarily mean that the processing of the file has ceased
• Instead, this feature is merely an interim tool for officers to use until they can make the necessary changes in the Global Case Management System (GCMS) for preventing the system from scheduling test events for files where the officers are still awaiting the arrival of the Residence Questionnaire (RQ)

The Messaging Process to Applicants

The officers would issue the Residence Questionnaire (RQ) to various applicants. In this situation, the likelihood exists that applicants might require clarifications as to:

• Why the officers issued an Residence Questionnaire (RQ) to them and,
• How the applicants would need to complete the form

Typically, the Citizenship and Immigration Canada (CIC) might receive such questions at:

• The Call Centre or,
• The local office

This would usually happen when the officers issue a Residence Questionnaire (RQ) directly to the applicant. This would typically occur in transition cases.

To handle such enquiries, the officers would need to use general messaging text. They could use the following general messaging as a guideline, when the applicant requests for clarifications.

You have been issued a residence questionnaire because additional information and documents are needed in order to assist CIC in determining whether you meet the residence requirement for citizenship.

It is your responsibility to provide the documents that support your residence and ties to Canada.

The questionnaire requests that documents cover the relevant 4-year residence period for your application.

The residence questionnaire provides several examples of documents that may be provided, but each case is different.

The onus is on you to decide which documents to provide.

The New File Preparation Templates (CIT 0509 and CIT 0510)

The authorities have developed two new templates along with the new checklist and the Residence Questionnaire (RQ). Officers could refer to Annex B for details. Officers would need to use the prohibitions template in cases where the applicant:

• Has failed Royal Canadian Mounted Police or immigration clearances and,
• Is subject to either Section 21 or Section 22

The authorities have also prepared a second template for file preparation and analysis. This is the File Analysis Template – CIT 0509. The citizenship officers would need to use this tool when they prepare the files for the judge each time the judge requests for a Residence Questionnaire (RQ). The citizenship officers would also need to complete this template when:

• The case presents various residence concerns and,
• The citizenship officers have requested for additional documents

In addition, the citizenship staff would need to note that the File Preparation and Analysis Template (FPAT) has replaced the previous format of menu. Officers could find this previous format in Appendix A of CP 5.

Note:

• Local offices have the discretion for deciding whether the officer can complete the template:
• Before the interview with the Citizenship and Immigration Canada (CIC) officials or,
• After the interview with the Citizenship and Immigration Canada (CIC) officials
• In instances where the officers prepare the template before the interview with the Citizenship and Immigration Canada (CIC) officials, the officers would need to update it based on the outcome of the interview
• Officers also have the discretion to recommend whether or not they need a hearing in most cases where the Residence Questionnaire (RQ) is on file
• Citizenship offices could refer the application to the citizenship judge for a paper review decision
• However, they would only do this if the issues surrounding the residency of the applicant have been addressed:
• Following the interview and,
• Based on the officer’s subsequent analysis of the file i.e. File Preparation and Analysis Template (FPAT)
• In some cases the applicant might have 900 days of physical presence in Canada
• In this scenario, the hearing will be mandatory
• However, the officers would need to mention to the applicant that the applicants have the option of withdrawing their application at the interview stage
• Officers would need to complete the new File Analysis Template or the Prohibitions Template for residence and prohibitions cases where:
• The officer has not yet completed the analysis and,
• The officer has not prepared a memo for the citizenship judge on May 07, 2012
• Officers could also continue to schedule existing residence and prohibitions files for hearing where:
• The officer has not yet completed the analysis and,
• The officer has not prepared a memo for the citizenship judge on May 07, 2012
• In this scenario, the officers do not need to add the new templates

The Process for Existing Residence and Prohibitions Cases as of May 07, 2012

• Situations could arise where the officers had previously referred the application for a hearing for residence
• This would typically happen in cases where the officers have not yet given a Residence Questionnaire (RQ) to the applicant
• In this scenario, the officers would need to issue the new Residence Questionnaire (RQ) to the applicant
• On receiving the Residence Questionnaire (RQ) and the supporting documents, the citizenship officers would need to prepare their memo to the judge using the new File Analysis Template
• The local office does not need to send the applicant a new Residence Questionnaire (RQ) in case the applicant already has one Residence Questionnaire (RQ)
• However, in this case too, the citizenship officers would need to prepare their memo using the new File Analysis Template
• Officers would also need to complete the new Prohibitions Template for existing prohibitions cases that they have not yet referred to the citizenship judge for a hearing

The Process for Existing Residence and Prohibitions Cases on or after May 07, 2012

• Situations might arise where officers identify applicants as being a residence case on and after May 07, 2012
• In this scenario, the officers would need to issue the new Residence Questionnaire (RQ) to the applicant
• On receiving the Residence Questionnaire (RQ) and the supporting documents, the citizenship officers would need to prepare their analysis for the judge using the new File Analysis Template
• The officers would also need to complete the new Prohibitions Template for the prohibitions cases

Note:

• Citizenship judges could request for additional information at any time prior to taking a decision on an application
• As a result, citizenship judges might request that an applicant complete and submit the new Residence Questionnaire (RQ) especially if the information submitted in the previous version of the Residence Questionnaire (RQ) turns out to be insufficient
• Once the applicant provides the desired information, the officers would need to use the new template for preparing the file

The Process Applicable in Case Additional Information is Requested During the Hearing

In many cases, officers will flag the cases having residence issues and identify these cases before the file reaches the judge for a decision. However, the likelihood exists that some residence cases might only come to the fore during the time of a hearing. However, these cases would be exceptions to the rule.

On rare occasions, the judge might issue the Residence Questionnaire (RQ) to the applicant during a hearing. In this situation, the judge would return the file to the citizenship officer immediately after the hearing. On receiving the Residence Questionnaire (RQ) and the supporting documents, the citizenship officers would need to review them. Thereafter, they would need to prepare their analysis for the judge using the new File Analysis Template. It is worth noting that officers would need to close this review on a priority basis on receiving the materials from the applicant.

At present, the authorities have given 45 calendar days to the applicant for completing the Residence Questionnaire (RQ). In addition, citizenship judges have 60 days for rendering a decision after a hearing. Therefore, the likelihood exists that the officers would need to suspend the application until they receive the appropriate materials from the applicant.

During the hearing, the citizenship judge would need to inform the applicant that the applicant would need to submit the appropriate documents within the stated timeframe of 45 calendar days for the Residence Questionnaire (RQ). The judge would need to inform the applicant that if the applicant fails to submit the documents within the prescribed timelines, then the authorities would take a decision based on the information present in the file at the time.

Thereafter, the officers would need to follow the existing steps for suspending the processing of the application. After the hearing, the citizenship judge would need to complete and sign the file suspension form i.e. CIT 1-0067B.

The Hearings Cases Where the Applicant Has Not Been Previously Interviewed by Citizenship and Immigration Canada (CIC) Staff

The roll-out of the new File Requirements Checklist highlights the need for Citizenship and Immigration Canada (CIC) officials to interview all citizenship applicants. That too, before the citizenship judge takes a decision on the application. In the past, some applicants requiring a hearing would appear for their hearing directly. That too, without having previously attended an interview with a citizenship official during the application process.

As a result, Citizenship and Immigration Canada (CIC) officials would need to interview all applicants before the applicants attend a hearing with a citizenship judge. This is effective as of May 07, 2012. Certain applicants would not need to attend an interview immediately before the hearing. However, this is only applicable if the applicants:

• Are appearing for a hearing and,
• Have previously met Citizenship and Immigration Canada (CIC) officials at previous testing or interview sessions

However, it is worth noting that the pre-hearing interview would only need to take place in cases where the Citizenship and Immigration Canada (CIC) officials have never seen the applicant at any point of the citizenship process.

The citizenship officer would need to complete the File Requirements Checklist as fully as possible. This is especially so if an officer has interviewed the applicants immediately before their hearing.

In some cases, an officer might interview the applicant immediately before their hearing. In this scenario, the local offices would need to schedule the applicant and the citizenship officers for a sufficient amount of time, prior to the start time of the hearing. This would give ample time for the officer to:

• Complete the applicant’s interview and,
• Complete the new File Requirements Checklist immediately prior to the hearing

The hearing would need to proceed as planned. That too, even if any concerns arise during the course of the officer’s interview of the applicant. The officers would need to note any items of concern in the File Requirements Checklist. In addition, the officers would need to note concerns regarding residence on the file. This is especially so if the officers believe that the applicant would need to submit the Residence Questionnaire (RQ).

The citizenship officer would also need to brief the judge orally before the hearing. Thereafter, the citizenship judge would need to determine at the hearing, whether the applicant needs to submit the Residence Questionnaire (RQ). The officers would need to follow the procedures on suspending applications. However, they would only do this if the citizenship judge issues the Residence Questionnaire (RQ) to the applicant.

Documents and Tools

• Annex A: Instructions – File Requirements Checklist
• Annex B: General Instructions for the File Preparation Templates
• Annex C: Instructions to obtain traveller history reports
• Annex D: Final request for fingerprints
• Annex E: Request for a court information sheet or certificate of conviction
• Consent to disclose personal information
• Template – ICES report request

 

Source: Citizenship and Immigration Canada (CIC)