Citizenship Judge Discretion

[holySinner]

I am wondering if a citizenship judge can decline somebody's application even if one have been physically present for 1095 days (which he can prove also with travel documents and employment records) but he or she got weak ties with Canada, like he or she  doesn't own a home or whatever. What are the options available for people whose applications are declined for this reason, can they go for appeal and what sort of timeline this process will have.

Please share your thoughts and experiences.

[amirchov]

Absolutely possible! I've heard about cases where more than a few days were missing from the 1095 prerequisite, and the application was approved by the judge. On the other hand, I heard about cases that were denied even though the 1095 minimum number of days prerequisite was met.

This is a good link: it describes the scope of topics that a citizenship judge will check during the hearing (prepared by Colin R. Singer, Attorney At Law)
immigration.ca/permres-citizenship-requirements.asp

[holySinner]

Thanks a lot. It seems we (atleast most of us) have completely wrong understanding of the requirements. Its not just 1095 days, there are other things too which one needs to consider.

[Michels]

Absolutely possible! I've heard about cases where more than a few days were missing from the 1095 prerequisite, and the application was approved by the judge. On the other hand, I heard about cases that were denied even though the 1095 minimum number of days prerequisite was met.

This is a good link: it describes the scope of topics that a citizenship judge will check during the hearing (prepared by Colin R. Singer, Attorney At Law)
immigration.ca/permres-citizenship-requirements.asp

I do not see in the above link anything that points to that fact.. it is the inverse intended to mention that in the lesser case residency is not a factor if one can proof strong ties to Canada.. ex. frequent business trips abroad..
If you meet the 3 years physical residency and it is hard proven (no stamps on passports, employment, etc..) you are deemed to have built ties with Canada and your file will not get channeled to the Judge at all.. there are cases with less solid proofs that get diverted to a Judge and thus might be rejected based on weak grounds proving 3 years physical residency, especially when the applicant leaves the country upon applying for the citizenship.

There are only 6 rules to become Canadian citizen as per the Citizenship act and those are clearly stated on CIC, everything else is simply myth..

1- Be a PR
2- Be present for at least 3 years in the last 4 years before applying
3- Know one of the official languages (English or French)
4- You should learn and know about Canada.
5- Be an adult
6- No serious criminal record (explained further in below link)
7- N/A! unless you get a honorary citizenship

http://www.cic.gc.ca/english/resources/publications/howto.asp

[Michels]

5- Be an adult

Non adults cannot simply apply for Citizenship, however they can become Citizens if their caregivers become or are Canadians , thus less requirements like passing the test, or requiring Physical residency..

[holySinner]

Michel thanks for your reply; what opinion do you have for my situation;

1. My physical presence can be proved with stamps on my passport.
2. I have had employment for which I have tax returns and few pay stubs.
3. I have frequent travel back home.
4. I have weak ties in terms of having assets here and i have been living here on my own.
5. I am going back after getting Residency questionnaire, so when i will get hearing call I wouldn't be living here.

Do you think i can still defend my application? and can the citizenship judge decline my application?

[Leon]

Can you prove 1095 days of residency by using your pay stubs for example?  Can you get statements from employers you worked for stating during which period you worked for them and during what times you were on vacation.  I think that would help.  I have never heard of anyone who met the 1095 days requirement and could prove it being denied for citizenship.  The problem is if you can't prove it and they don't believe you, then the judge might take into account that you do not have strong ties with Canada, especially if you have moved since applying and do not live in Canada any more.  Owning a home in Canada doesn't necessarily prove ties if you don't live in it.

[holySinner]

Leon I gave them my T4slips which shows I worked enough hours; i gave them my bank statements which would show that cheques have been deposited in addition to usual transactions. These are on top of my passport, which shows all the entry and exit from my home country. I don't have other details from employer which would show vacations.

[Alabaman]

I heard about cases that were denied even though the 1095 minimum number of days prerequisite was met.

Are you sure?? Do you have a link or throw more light?

[Michels]

Leon I gave them my T4slips which shows I worked enough hours; i gave them my bank statements which would show that cheques have been deposited in addition to usual transactions. These are on top of my passport, which shows all the entry and exit from my home country. I don't have other details from employer which would show vacations.

Your case is subjective, given that there were cases where people were working abroad and faking their entries.. (some countries were not stamping entry stamps) or having several passports within on time (some countries allow it) and that some businesses were set up around immigration residency fulfillment and around phony immigration consultants etc.. things went complicated.. the citizenship is simply the subject of pure fraud and the system tries to fight such fraud with more restrictions and checks.
Most likely they will BG check your medical transactions, probably flight records , employer , etc.. or they might not at all depends on the quantity of data they have on hand and what makes them wary.. this is why there is a judge in between as it is a case by case matter.