1094 instead of 1095
- Thread starter salpe
- Start date
Well, you are not really in trouble, this will probably make you go through an interview with a judge, I don't think that they will make you suffer a lot for just 1 day, just be ready to admit that it was a mistake and to prove that you didn't leave Canada and that today you are way over the 1095 days. Also, show that you are very attached to Canada! 
Good luck fellow future canadian!
Good luck fellow future canadian!Thanks for the nice reply. Is there a time line for that. I have heard it may take up to 2 years (extra)?ramsfe said:Well, you are not really in trouble, this will probably make you go through an interview with a judge, I don't think that they will make you suffer a lot for just 1 day, just be ready to admit that it was a mistake and to prove that you didn't leave Canada and that today you are way over the 1095 days. Also, show that you are very attached to Canada!
Thanks
1. What is your Local Office?
2. How did you make an error on the days? Was this based on a single trip or several trips?
3. Do you work full time in Canada for an employer paying you by direct deposit, cheque or some other traceable/documentary method?
4. Do you at this time meet the 1095 days criteria looking back 4 years?
2. How did you make an error on the days? Was this based on a single trip or several trips?
3. Do you work full time in Canada for an employer paying you by direct deposit, cheque or some other traceable/documentary method?
4. Do you at this time meet the 1095 days criteria looking back 4 years?
Hey - nice to hear I'm not the only one... I made the same mistake. What happen to me was that I reported my days out of the country (in good faith...), but since I had returned to Canada past midnight due to late arrivals, the passport stamp did not match the date I reported. This happen at two occasion. Example: I reported arrival on the 12th, but passport stamp shows 13th because I arrived at 1:30 AM (but was supposed to arrive at 11PM on the 12th). So with that, I am 2 days short. In retrospect I should have waited and applied when I had more of a buffer, but it is what it is... I did my test and passed it in the fall of 2012 and are now waiting for RQ assessment to be completed and possible Judge hearing.
1) Local Office is Mississauga Glen ErinMsafiri said:
2) One occasion (one day) due to the late night trip (I arrived after midnight)-The same as GK
3) I have a full time job for the past 2.5 years (with provable income) and before then I was a full time student
4) At the moment I meet the 1095 criteria
Glen Erin is on one of the new crop of fast offices in GTA/Ontario with some applicants here getting from application to oath in 7 months. I did not enquire as to your timeline but it may be better to withdraw your application and re-submit as you meet the 1095 days and can honestly declare you miscalculated due to the midnight issue. This highlights the importance of having a few days buffer. It may take anything from 12-24 months to see the Judge.
Note a post test RQ is the worst RQ to have - I understand this is because these tend to be referred to the Judge for a full hearing (likely the Citizenship Officer wants to the CJ to exclusively deal with it thus making the CO's job easier as its one case of his/her case file). A full hearing requires an in person appointment meaning you need to be scheduled. Some regions have just the one Judge and ON has I'd hazard a guess significant percentage (maybe 50%) of all post test RQs majority dealt by St Clair so imagine the line up to see just this one person.
The other reason I suggest a withdrawal is because under existing case law the Judge can decide to use the strict physical residence criteria of 1095 days to decide your application and if he/she refuses it then you have no grounds for appeal. I have seen a couple of FC decisions with around the 1092/3 days mark denied on this ground.
Note a post test RQ is the worst RQ to have - I understand this is because these tend to be referred to the Judge for a full hearing (likely the Citizenship Officer wants to the CJ to exclusively deal with it thus making the CO's job easier as its one case of his/her case file). A full hearing requires an in person appointment meaning you need to be scheduled. Some regions have just the one Judge and ON has I'd hazard a guess significant percentage (maybe 50%) of all post test RQs majority dealt by St Clair so imagine the line up to see just this one person.
The other reason I suggest a withdrawal is because under existing case law the Judge can decide to use the strict physical residence criteria of 1095 days to decide your application and if he/she refuses it then you have no grounds for appeal. I have seen a couple of FC decisions with around the 1092/3 days mark denied on this ground.
well don't worry too much
the worst case is you will meet a judge and may have to explain to him/ her why did this happen and it is not like you lied abour ur criminal history or about your whole stay here
the worst case is you will meet a judge and may have to explain to him/ her why did this happen and it is not like you lied abour ur criminal history or about your whole stay here
Hey, I have same type of trouble i.e 1094 instead of 1095. I am so much tired gathering all the four year history documents. It is real extensive documentation
-Any one know, if we can make double sided copy of certificates or single sided is accepted.
-Is RQ form available on line or needs to write everything with black pen.
-Any suggestions to fill RQ form...Thank you
-Any one know, if we can make double sided copy of certificates or single sided is accepted.
-Is RQ form available on line or needs to write everything with black pen.
-Any suggestions to fill RQ form...Thank you
Not knowing as much as Msafari do about the process, I'd recommend withdrawal as well. The judge has every right to deny your application, especially since there are no extenuating circumstances regarding your shortness of physical presence. I know that denying an application on the basis that it's short only one day of physical presence may seem petty, but the cutoff has to be placed somewhere and it's intended to be followed. If they let off people who are one day short, what about those that are two, three, four or 20 days short?Msafiri said:
That being said, good luck with whatever you choose!
Thanks for the reply. I am kind of worried that this may raise red flags in CIC. I was talking to one of their agents on the phone and she said it is better to continue with my application. Does anyone withdraw the application and get the citizenship without any problem?Swede said:
As far as I know, withdrawing and re-applying is an almost sure way of getting an RQ, but at least if you have more than 1095 days you can be sure your application will be accepted.salpe said: