Three months and counting


Cat waiting outside of mouse hole

Three months and counting

As I write this, I realize that it will be three months since my file was sent to the court for a decision.  Thus, my case now seems to stretch into an unusual category, since this time of extended delay seems, from what I can tell, to be remarkably unusual.

Companioni took three weeks to decide (and review was granted).  Another case of someone I know took two months for a denial.  Ovalle took just under a month to decide (and review was again granted).  While I’m sure there are other cases that wait three months for a decision on the application, I have not found one.  This leaves me in the peculiar position of wondering why it is taking so long to actually make a decision.  Part of me wonders if the Court is waiting to see if CIC makes a decision on my other application (thus allowing the Court to wriggle out of making a decision that is unlikely to be popular, regardless of what they decide.)

Of course, nothing seems to be moving when it comes to the Canadian government and any of my applications.  At the beginning of July, the GCMS notes for my request to Seattle (for the TRP – in order to definitively settle the question of admissibility or not) indicated that Seattle had still not started processing my application.  Given that they quoted a three to six month application time frame (and it’s now at five months) I’m now wondering if even six months is a realistic number.

Heck, I’m still waiting to hear from CIC with respect to my request to withdraw the sponsored spousal application (indeed, that hurt to do – I put it off until May, but I didn’t seem to have much choice in the matter.)  Knowing my luck, they’ll finally match the withdrawal letter with the file the dayafter the Court declines to grant my judicial review application.

The final looming deadline is that my current work permit expires on September 3, 2012.  That means that in about a month’s time I will need to gather up all the paperwork for it and submit a renewal. Of course, my hope had been to have a TRP by then so I could apply for the renewal of both the work permit and the TRP at the same time – but that really only worked if I had the TRP by June.  At this point, even if i did get the TRP, I seriously doubt I could get a renewal of the work permit and the TRP prior to September 3, 2012.  Of course, an inland application for a work permit is automatically canceled if you leave Canada after the expiration of the first work permit and prior to the granting of the second (new) permit.

The inland work permit application differs from the outland application in one critical area.  The inland permit renewal asks if you have any “serious medical conditions” and while I wouldn’t think of an asymptomatic disorder to be “serious” I’ve been assured by my attorney that CIC considers it to be one and that I must answer yes.  The outland permit renewal asks if you have any serious medical conditions that require treatment other than prescription medications and the answer for that in my case is “no”.  Indeed, my attorney told me that he was involved in the drive to change the rules (and specifically this field of the form).

So I’m not quite at the point where I have to prepare for the work permit renewal.  But I’m already thinking about it.

In the meantime, it’s now been three months, no decision.  Perhaps there will be a decision tomorrow – or not.  Only time will tell.

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