ATIP Entry & Exit Record Missing 1 Entry - No Stamp Either

[UPPI]

Hi,

I submitted an ATIP request for Entry & Exit records from CBSA for the purpose of applying for Canadian Citizenship.

I received the report and it is missing 1 particular entry. The missing entry is while coming back into Canada. Unfortunately there is NO STAMP in my passport for this entry either.

Now, I submitted online application for citizenship truthfully detailing all my entries and exits. However this application was returned/rejected as my actual entry & exit data is not matching with that of CBSA's.

What are the possible ways to fix this issue? I appreciate all responses in advance!

Desperately looking for help at this point.

Thanks!

 

[armoured]

Do you have any evidence of entry to Canada/exit from country of departure on that date? Travel tickets, etc?

Other evidence of being in Canada on the dates immdiately after entry might do the trick as well.

 

[UPPI]

Do you have any evidence of entry to Canada/exit from country of departure on that date? Travel tickets, etc?

Other evidence of being in Canada on the dates immdiately after entry might do the trick as well.

No stamp at country of entry i.e. Canada or at country of exit i.e. USA as this trip was done via land border.

However I do have exit stamp from Canada 4 days earlier when I went to the USA.

 

[armoured]

No stamp at country of entry i.e. Canada or at country of exit i.e. USA as this trip was done via land border.

However I do have exit stamp from Canada 4 days earlier when I went to the USA.

Yes, you'll need to find some supporting evidence that you were IN Canada on/after day of entry. Credit card, toll roads, things like that might work. (Toll records of the crossings perhaps)?

 

[dpenabill]

Hi,

I submitted an ATIP request for Entry & Exit records from CBSA for the purpose of applying for Canadian Citizenship.

I received the report and it is missing 1 particular entry. The missing entry is while coming back into Canada. Unfortunately there is NO STAMP in my passport for this entry either.

Now, I submitted online application for citizenship truthfully detailing all my entries and exits. However this application was returned/rejected as my actual entry & exit data is not matching with that of CBSA's.

What are the possible ways to fix this issue? I appreciate all responses in advance!

Desperately looking for help at this point.

Thanks!

In terms of actually documenting your actual physical presence, @armoured covered it.

Do you have any evidence of entry to Canada/exit from country of departure on that date? Travel tickets, etc?

Other evidence of being in Canada on the dates immdiately after entry might do the trick as well.

Yes, you'll need to find some supporting evidence that you were IN Canada on/after day of entry. Credit card, toll roads, things like that might work. (Toll records of the crossings perhaps)?

Note, any objective evidence of actual presence in Canada is of course evidence of presence in Canada as of that date, regardless the date of entry, regardless evidence of entry.

BUT FRANKLY . . .

"Now, I submitted online application for citizenship truthfully detailing all my entries and exits. However this application was returned/rejected as my actual entry & exit data is not matching with that of CBSA's."​

BUT FRANKLY . . . there appears to be something else, some other element of your application, OR what you are reporting, that is off.

You appear to be reporting that your application was returned following the initial completeness screening of the application. And returned because your "actual entry and exit data" does not match CBSA's data. This does NOT make sense. There is NO indication that IRCC screens the applicant's travel history against CBSA travel history during the completeness screening; it is possible, but even if that is done, it is still highly unlikely it is screened against any "exit" data. Not at that stage.

Moreover, the CBSA travel history data is NOT dispositive. It too is merely evidence. Strong evidence, to be sure, and in most cases compelling. But the completeness screening is not a fact-finding, fact-determining procedure. The assessment of the actual physical presence requirement comes much LATER in the process.

In particular, pursuant to the procedures consistent with the governing statutes, a discrepancy between the applicant's account of actual physical presence and what IRCC determines to be the applicant's actual physical presence is NOT grounds for IRCC to reject the application outright . . . these cases must be referred to a Citizenship Judge, who must provide the applicant an opportunity to make their case.

AND ULTIMATELY . . . what matters is the total number of days present in Canada, and even if there are significant discrepancies between the applicant's account of travel history and what IRCC finds in other sources, like CBSA data, it comes down to whether the evidence shows 1095 or more days IN Canada.

In other words, an application will not be returned or rejected because there are discrepancies between the applicant's account of travel history and what IRCC finds in CBSA data . . . it depends on the number of days.

 

[tbear]

Hi,

I submitted an ATIP request for Entry & Exit records from CBSA for the purpose of applying for Canadian Citizenship.

I received the report and it is missing 1 particular entry. The missing entry is while coming back into Canada. Unfortunately there is NO STAMP in my passport for this entry either.

Now, I submitted online application for citizenship truthfully detailing all my entries and exits. However this application was returned/rejected as my actual entry & exit data is not matching with that of CBSA's.

What are the possible ways to fix this issue? I appreciate all responses in advance!

Desperately looking for help at this point.

Thanks!

am sorry to hear that but you will have to resolve this either by contacting CBSA and providing them proof of your entry to Canada.

only thing I can think of is you have changed/renewed your passport before entering ?
Btw at what stage was your application rejected ? Was it after your aor/test/BG ?

 

[iceman55]

What does the US I 94 data show?

 

[forw.jane]

No stamp at country of entry i.e. Canada or at country of exit i.e. USA as this trip was done via land border.

However I do have exit stamp from Canada 4 days earlier when I went to the USA.

Why dont you check the US I94 entry at https://i94.cbp.dhs.gov/I94/#/history-search for the missing one.

 

[Dreamlad]

CBSA logs all entries into Canada (air & land). It's clearly stated on CBA's website. How come they didn't find it in your case?

 

[iceman55]

CBSA logs all entries into Canada (air & land). It's clearly stated on CBA's website. How come they didn't find it in your case?

Now they do but that's not always the case. There were several exemptions for land travel, for American citizens etc but iirc from early 2020 CBSA is recording every entry and exit.

Because CBSA didn't have the data for land entry/exit to/from the US, people were misusing that. They'd fly into Canada creating an entry record but leave via the land border and reenter again via the same land border years later making it virtually impossible for IRCC to know they were not present in Canada the whole time. I believe that's why the whole RQ procedure even came into picture. Whenever they suspect something, they want you to prove you were present because they didn't track.

But the US records every entry and exit that's why you see many folks here get additional data from their I-94.

Hopefully, future applicants don't have to deal with the RQ procedure.

 

[armoured]

But the US records every entry and exit that's why you see many folks here get additional data from their I-94.

Are you sure that the US records every exit from a land border? As far as I'm aware, they don't have any means to do so (except to the extent that a Canadian land entry - which should be recorded - is shared by Canadian authorities with them). So if there's an 'exit' to Canada, it's only from the same core source as Canadian entry data.

Now, I don't have any details, but I'm sure it's possible for CBSA to miss an entry from time to time at a land border. I don't mean anything more than occasionally not completing a scan of a passport or pr card, an error in matching data, or a technical glitch. Of course CBSA would likely say that these are exceptionally rare, but rare is by definition not zero.

 

[iceman55]

Are you sure that the US records every exit from a land border? As far as I'm aware, they don't have any means to do so (except to the extent that a Canadian land entry - which should be recorded - is shared by Canadian authorities with them). So if there's an 'exit' to Canada, it's only from the same core source as Canadian entry data.

Now, I don't have any details, but I'm sure it's possible for CBSA to miss an entry from time to time at a land border. I don't mean anything more than occasionally not completing a scan of a passport or pr card, an error in matching data, or a technical glitch. Of course CBSA would likely say that these are exceptionally rare, but rare is by definition not zero.

If you read my second post in this thread, it explains why CBSA was missing a lot of data. If you want the specifics of dates on when CBSA started recording what, you can look at the info page of any Travel History ATIP response from the CBSA.

US CBP by itself records every inspected entry and exit. I believe CBSA provides the data of the entry into Canada (or the exit from the US) which is recorded in I 94/Travel history - even though land exits are generally not subject to US CBP inspections. There are also enough automatic plate readers in the border and that data is recorded in the vehicle passage report.

CBSA makes available the vehicle passage report. If OP crossed via personal or other private vehicle and can prove ownership or rental status, combined with the passage report that could be a strong evidence of reentry into Canada.

 

[armoured]

US CBP by itself records every inspected entry and exit. I believe CBSA provides the data of the entry into Canada (or the exit from the US) which is recorded in I 94/Travel history - even though land exits are generally not subject to US CBP inspections.

So yes, US CBP does not have direct exit data - it either gets from CBSA, or conceivably puts together some info (speculative?) based on who entered on cars with what license plates.

I'm not sure what second post you're referring to. Point still being - both CBSA and CBP have direct records of individuals entering each country respectively, and share that info - i.e. entrance from one is basically considered exit from the other. But neither have direct records of exits - although yes, they may and probably do supplement with license plate data and other to infer info that they may want for other purposes like enforcement.

 

[UPPI]

@armoured
@iceman55
@forw.jane
@dpenabill

I 94 is missing this entry as well.

 

[dpenabill]

I submitted online application for citizenship truthfully detailing all my entries and exits. However this application was returned/rejected as my actual entry & exit data is not matching with that of CBSA's.

Re Online Application:

I do not know much about the underlying technicalities which affect making an online application. I suppose it is possible (I highly doubt it but allow for the possibility), that somehow an online application and the applicant's travel history is screened against CBSA entry records, and a discrepancy means the application is not accepted.

IF this is the case, there is NO fix that will facilitate making the application online. I doubt this is the problem, but if it is the problem your recourse is to make a paper application.


Beyond That:

I 94 is missing this entry as well.

If it mattered much, I'd ask is it an "entry" into Canada or an "entry" into the U.S., even though I suspect my understanding is correct, that you are referring to the absence of a CBSA record of entry into Canada for an occasion your records say you did enter Canada, and that the U.S. I 94 records similarly do not show an EXIT (from the U.S.) for that same occasion.

That is NOT nearly so uncommon as some suggest. While almost always accurate, the CBSA travel history records are not necessarily complete. There is a big difference between how accurate those records can be relied on to be (they are highly accurate, with only rare one-day-off errors), versus how complete they are. Given how porous the Canadian border is, and the extent to which entry into Canada can happen without the entry being captured by CBSA, either at all, or captured but not connected to a particular client's identity in the systems (multiple systems), IRCC is well aware that a PR may have travel history that does not show up in the CBSA travel history.

So the absence of a single date of entry record in the CBSA travel history will not, alone, determine the outcome of a citizenship application. Again those records are NOT dispositive.

So, the odds are high, just about overwhelming, that is not the issue here (unless it is a technical element in online applications, which again I doubt but allow is possible, and for which the recourse is to make the application on paper). And, frankly, whatever communication you have received from IRCC I doubt that it states your application is returned or rejected because there is a discrepancy between your reported travel history and CBSA records.

More details may help the forum identify and illuminate what the issue is and offer ideas about how to address it.

As @armoured initially noted, and I concurred, if the issue is a discrepancy between what you assert about your actual physical presence (and you are confident that is accurate), and what IRCC assesses based on other information (including CBSA travel history), ANY OBJECTIVE evidence of presence in Canada, as to the date in question, or the following days, should resolve that.

So, again, THERE IS SOMETHING ELSE happening here. Some OTHER REASON for the application being returned or rejected.