1 day short of physical presence

[Soopergal]

So today, i found out the reason for getting RQ. I'm 1 day short. I used the online calculator when I applied and it did say i have enough days. Yikes! I'm an idiot for applying without the required days. Do I get to do the test before the seeing a judge? Does having to see a citizenship judge cause a significant delay?

 

[Leon]

This is why you should always give it a couple of extra weeks before applying. Actually, the CIC website says you must meet the residency requirements on the day before you sign your application and so you probably signed it on the same day that you met them.

In any case, even though it's only 1 day, it's either you meet them or you don't so be prepared for a delay.

 

[siki]

Hey sorry about the RQ.Jw! how did u found out the reason?

 

[Soopergal]

CIC call center told me. I wish they told me when they sent me the RQ. I would have stopped bothering them. I also have a long travel history.

Hey sorry about the RQ.Jw! how did u found out the reason?

 

[siki]

Wow!!

 

[SenoritaBella]

@Leon, I've read that a Judge also has discretion and could grant a waiver? One day short on day he applied, but no question he has now met requirements.

@OP, don't get your hopes up though, not sure how much(if at all) they use this discretion.

 

[realeasy]

you will be a canadian citizen don't worry about a day,,,

 

[Leon]

@ Leon, I've read that a Judge also has discretion and could grant a waiver? One day short on day he applied, but no question he has now met requirements.

@ OP, don't get your hopes up though, not sure how much(if at all) they use this discretion.

I think the judge will probably allow the application to go through because of 1 day but the delay is having to see a judge at all.

 

[andriy155]

I find this extremely strange!
When I called the call centre, they told me that it is ok to sign the application on the very first day when the website says that you are eligible for the application. I called the call centre a couple of times and it was confirmed by a couple of agents. Perhaps you have entered the dates incorrectly into the system? Either way, let's get this straight: if the CIC calculator tells you you are eligible, you should be able to sign the documents on the day it says so.

 

[Leon]

Yes, that is how it should work. They don't even seem to have much of a mention any more that you should sign a day after you meet the requirements. It says in the old calculation form here: http://www.cic.gc.ca/english/pdf/kits/citizen/CIT0407E.pdf close to the bottom. It says:

The Citizenship Act requires a person to have accumulated 3 years (1095 days) in the past 4 years on the day before the application.

Also in CP5 at http://www.cic.gc.ca/english/resources/manuals/cp/cp05-eng.pdf on page 5

1.6.1 Basic residence not met
Applicants must meet the residence requirement the day BEFORE filing for citizenship

 

[andriy155]

Hi Leon,

I have done two things today:

1. Called the call centre and the agent told me that the online calculator told me that the online calculator checks whether or not you have accumulated 1095 days the day before. It specifically asks you about the day when you plan to sign your application and tells you whether or not it is ok to do so. In other words, the agent confirmed that the calculator takes into account 'the day before' clause.

2. I calculated my days manually. I have applied on the first day the calculator suggested I could do so. My calculations matched the online calculator results.

So, to conclude, while it is true that 1095 days need to have been accumulated the day before, the online calculator takes that into account.

 

[andriy155]

Also, let's be clear about what this 'the day after' clause actually means. It essentially asks you to apply on the 1096th day (or after) of your physical presence, not on 1097th. If the online residency tool tells you that you have accumulated 1095 days of physical presence, that means that you are already in your 1096th day, so there should be no problem with the application from the point of view. Hope this clarifies the topic a little!

 

[Leon]

If they take that into account, that's good to know. However, doesn't explain how someone who used the calculator could still end up 1 day short as in the case of the original poster. That is unless they had some date wrong and immigration corrected that for them.

In any case, that is why it is better to give it a couple of extra weeks to take care of possible mistakes like that.

 

[edmonton2011]

I might be wrong, but I think I have read somewhere that CIC won't calculate the 1 additional day on leap years, but their online calculator does ...

 

[andriy155]

If they take that into account, that's good to know. However, doesn't explain how someone who used the calculator could still end up 1 day short as in the case of the original poster. That is unless they had some date wrong and immigration corrected that for them.

In any case, that is why it is better to give it a couple of extra weeks to take care of possible mistakes like that.

Leon, I think the OP might have made a mistake when entering dates. sometimes people go to the US, return in the evening and their entry is recorded the following day in the system. I was assured by the call centre agent that it is ok to apply on the 1096th day.

Having said that, i totally agree, it is better to give yourself a little extra time just in case. In my case it was not possible. My driver's licence was expiring on the 1098th day of physical presence and I wanted to use it rather than get a new one to avoid the possibility of being RQed. The option of waiting for three months seemed ridiculous.