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Applied with Less than 1095 in Error..Help Needed Please.....

John777

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Oct 3, 2014
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Hi,

I hope seniors can help me on this forum. I have applied with less than 1095 days and I received a letter from immigration and citizenship department asking for all the proof, i was in Canada for last four years.

I have 2 questions:

1.) I applied because I am staying in the country from last 6 years, when I applied i was under the impression you can count a year for the years you stayed in without becoming the PR without knowing they only count last 4 years..

2.) If I send them the proof and the reason why i counted wrong...what will happen next?

Thanks for all your help :)
 

scylla

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Jun 8, 2010
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If you have been outside of Canada for the last 6 years and don't have at least 1095 days in Canada over the last four years - then your application is going to be refused. I would just withdraw the application now and not go through the trouble of providing the information they have requested.

I assume you're aware that you need to live in Canada for 2 out of every 5 rolling years to keep your PR status. Are you living outside of Canada with a Canadian citizen spouse by any chance? (This would allow you to keep your PR status without living in Canada.)
 

amazing21

Star Member
Sep 30, 2014
182
1
hi,

if you have a valid reason for having applied with less than 1095 physical days , send them the information and proof cic required from you.

If you can't, withdrawal this application and wait for your physical days to submit again.

I applied with less than 1095 physical days, had my valid reasons , included my proof etc, have done my test, interview with officer and everything . They never questioned me about this.
 

SherifEF

Full Member
Aug 4, 2014
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@ Amazing21,

Would you please elaborate more about you case. When you applied, how many basic days and how many physical days? How long does it take your application? Did you receive RQ? Have you met CJ? In which office your application?

I have similar a similar case, I am based in Canada with my family (wife & 2 kids) since Jan 2011, working in a multinational co in canada but was in many business trips to US as the customer there. Each trip duration was a week max, I am planning to apply by May 2015 and my physical days will be 1065 days and I could not wait for 1095 as the new law (4 out of 6 years) may be in place at that time. I have all the prove that I am based in canada including employment letter , taxs ,...etc.

Appreciate your help.

Thanks
 

amazing21

Star Member
Sep 30, 2014
182
1
Hi,

My case is different.

I had the 1460 basic residence days but only 1012 physical days because I got sick and my treatment had to be continued overseas. Long story. I could have waited, but it was too long to wait, I was deducted almost 3 years because of that. So I applied and justified with all the proof/evidence. Yes I got the RQ before the test which was early this year. Im only waiting for the letter to the oath, and hoping i won't need to see the CJ judge. When I had the interview with the officer I was told it wouln'd t be necessary to see the CJ . I hope that was right. Now it's gonna complete 6 months I took the test and I didn't receive the letter yet :'(

If you were employed by a canadian company full time and were assigned by them to work overseas full time yes you can count those days as if you were physically present in canada. It's in the cic website.
 

John777

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Oct 3, 2014
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28-06-2015
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Med's Request
18-03-2016
Med's Done....
Upfront
Passport Req..
19-04-2016
Thanks all for your feedback.

Thanks Amazing21, where is the information on cic? Can you please provide me the link?

I found this on the cic website:

"Can I count any time I’ve spent outside of Canada toward the residence requirement when applying for citizenship?

Only in certain circumstances. You can count time spent outside Canada toward the residence requirement for a grant of citizenship if you spent the time with a spouse who is a Canadian citizen working at that time with the:

federal public administration of Canada;
public service of a province; or
Canadian armed forces."

Yes I was working for the Canadian company and was on business trips in states. I have received letter to proof my residency in Canada and If don't meet the 1095 days requirement, I need to explain.
 

amazing21

Star Member
Sep 30, 2014
182
1
check this link http://immigrationcanada.pro/canada-citizenship/know-can-apply-citizenship-less-1095-days-physical-presence/

and this one http://immigrationcanada.pro/permanent-residence/maintain-permanent-residence-living-overseas/ This links can be helpful to understand as well .

Another example is a friend of mine, who's married to a canadian citizen had to be abroad because of her husband's job (for a period of 3 months) and he doesn't fit in any of these requirements that you mentioned..but she was WAVED those absences only because he was a canadian citizen. When I think there's a correlation to the fact in her case that days abroad spent with a canadian citizen is count as physical days spent in canada. That's why it's important to read about both issues.. i know her case is different and so is mine , but I'm just giving one example . I KNOW CIC is strict, but after all, they look at circumstances too, they are human beings. I believe. They just dont want people who want to fraud the system.

There's a bulletin on cic website that I can't find right now but i read it…believe it I have done a full research about it because of my case.

Unless you are close to your physical days I would wait. In my case it was not close and it still NOT CLOSE.

If i find the bulletin later i'll post here….
 

amazing21

Star Member
Sep 30, 2014
182
1
did they send you a letter to explain after you applied?

In my case they didn't request anything after I applied. I guess it's because when I applied I already sent a BUNCH of documents explaining. Then I went to the interview and explained more.
 

Donvalley

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Oct 14, 2013
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Medical reasons are considered exceptional when visa or citizenship requirements are considered. Cases are considered compassionately and waivers are applied.
This doesn't apply to normal cases where people are short of residency due to business trips or unless very long period has been passed to prove inability to meet residency days.
I believe this exception came to helping amazing21 as a genuine medical case where supporting documents and proofs were enough.
See below quoted from legislation that governs citizenship:


Section 5(3) gives the Minister discretion to waive some of the requirements for a grant of citizenship on compassionate
grounds.

CMB, who is delegated to act on the Minister's behalf, may waive certain requirements for citizenship on compassionate grounds. This discretionary authority is exercised only in exceptional cases further to having reviewed a person's particular circumstances. For example, an applicant may not be able to meet requirements because of a medical condition or disability. If the request to waive a certain requirement is on the basis of a medical condition or disability, the applicant should be asked to submit a medical opinion provided by their physician attesting to the fact that they are prevented from being able to meet the requirement by reason of their medical condition or disability.

The medical opinion provided by the applicant's physician must therefore provide information relevant to the request for the waiver. The reasons for the waiver recommendation, which may be medical and/or psychological, must be clearly stated in the officer's recommendation for waiver and must be supported by the doctor's report.


There's a good chance that an application without the adequate number of residency days, especially now when the whole procedure is revamped to tighten the process; either a direct return/refusal or end up on RQ and to a hearing with a citizenship judge. Then that case will be assessed under the so-called Reed (Koo) (i.e. "flexible" or "consensus" or "centralized mode of existence") approach, which entails the analysis of the following factors:

The Three Tests of Residency

There are currently three residency tests for citizenship based on the above statute, all of which are legitimate.

The first defines residency narrowly. In Pourghasemi, Justice Muldoon stated that physical residency was required to meet the residency test. In doing so, he stated that the purpose of the residency requirement under the Act was to make sure that applicants:

...at least has been compulsorily presented with everyday opportunity to become “Canadianized”. This happens by “rubbing elbows” with Canadians in shopping malls, corner stores, libraries, concert halls, auto repair shops, pubs, cabarets, elevators, churches, synagogues, mosques and temples – in a word wherever one can meet and converse with Canadians – during the prescribed three years.

The second line of cases is less stringent, and is known as the Papadogiorgakis test. In Papadogiorgakis, then Associate Chief Justice Thurlow drew upon the principles of determining residency for income tax purposes to find that an individual who had only been in Canada for 79 days (far short of 1095) met the residency requirements. His reasoning was that:

A person with an established home of his own in which he lives does not cease to be resident there when he leaves it for a temporary purpose whether on business or vacation or even to pursue a course of study. The fact of his family remaining there while he is away may lend support for the conclusion that he has not ceased to reside there. The conclusion may be reached, as well, even though the absence may be more or less lengthy. It is also enhanced if he returns there frequently when the opportunity to do so arises.

The third test is even more flexible, and allows for greater absence from Canada. Known as the Koo test, this line of jurisprudence is the most commonly used. In Koo, Madam Justice Reed held that residency is where an individual “regularly, normally, or customarily lives.” Relevant factors include analyzing:

(1) was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship?

(2) where are the applicant's immediate family and dependents (and extended family) resident?

(3) does the pattern of physical presence in Canada indicate a returning home or merely visiting the country?

(4) what is the extent of the physical absences — if an applicant is only a few days short of the 1,095-day total it is easier to find deemed residence than if those absences are extensive?

(5) is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted employment abroad?

(6) what is the quality of the connection with Canada: is it more substantial than that which exists with any other country?
 

amazing21

Star Member
Sep 30, 2014
182
1
HI Donvalley,

Where did you see this info? good stuff ! i never found or read this before..but this is how i applied ……do you have the link for it?

the officer told me during interview that she believed i didn't have to see the CJ . I HOPE SHES RIGHT ………