obitar said:
Hi
I did calculate my days on CIC website I have few confusion please help
I made a trip to Mexico on 09 January 2015 for 1 week vacation
My question is I left Canada January 09 & came back 16 January
I calculated on CIC website date from 09.01.2015 to 16.01.2015
They calculated 6 days absent
When we leave country normally is it full day?
When we come back on a day normally is it full day?
In that case do I write on CIC website date from 10.01.2015 to 15.01.2015?
obitar said:
Thanks hope some others comment also
I'm sending my application on 17 December it's gonna be 1465 days
My missing days are correct from passport stamp
I agree with observations by
tmota.
Follow the instructions. For each and every trip the applicant took, the applicant must enter the date the person actually left Canada, and the next date the person actually went through customs and entered Canada. The calculator will give a correct accounting so long as the applicant fills in the dates correctly.
And yes, it counts the day the applicant left as a day in Canada (since the applicant actually was in Canada that day, then left). And yes, it counts the day the applicant actually returned to Canada as a day in Canada (since the applicant was actually in Canada that day, after arriving from abroad).
Do not rely on passport stamps:
A caution about relying on passport stamps is warranted: passport stamps can help a PR confirm his or her travel dates
but should not be relied upon. Especially stamps showing entry into another country, which only show the date a person went through customs in that country not the date the traveler exited Canada (sure, there is often a direct relationship to the exit and entry into another country, but again, what is important is the date of exit from Canada; for flights, that is typically the date the flight was scheduled to depart, since technically entering the part of the airport for boarding the international flight constitutes exiting Canada at that time, regardless of when the plane actually takes off, let alone when the plane lands in another country . . . similarly for returns to Canada, it is not the time the plane lands or even the time the person walks into the airport, but the date it is when the person actually goes through customs and officially enters Canada).
Whatever sources of information a PR uses, it is important to be sure to report the exact date of exit and the exact date of entry into Canada
for all trips. Best source is a complete and accurate travel log kept by the PR. Unfortunately, for reasons I cannot comprehend, many PRs fail to keep such records.
So, again, use passport stamps to confirm other sources of information, but do not exclusively rely on them. Ultimately the applicant needs to report the precise date of exit, for every time the applicant exited Canada, and the precise date the applicant returned to and entered Canada, for each time the applicant entered Canada. (Within the relevant time period.)
1465 days is cutting it close; more margin would be better
There is no leeway in a physical presence requirement. If IRCC has any reason to believe there is some doubt about a few days, and the applicant cut it close, IRCC is pretty much compelled to decline to grant citizenship. A Citizenship Judge may then, nonetheless, weigh the evidence and conclude beyond a balance of probabilities, the presence requirement was met, but to get there is a long haul process and there is no guarantee the CJ will conclude the balance of probabilities outweighs IRCC's concerns or doubts.
Make no mistake: doubt is all it takes to sabotage the case. The burden of proof is on the applicant. IRCC does not have to figure out for sure how many days an applicant was present in Canada. It is the applicant's job to report precisely all days in and days out of Canada, and then it is IRCC's job to verify the accuracy of that. If IRCC has concerns or doubts, then it is IRCC's job to determine if the applicant has actually proven more than 1460 days presence in Canada.
Look at it this way: if IRCC thinks there is a good chance the applicant's claim to 1465 days is correct, but cannot resolve doubts IRCC has about the completeness and accuracy of the applicant's claim, citizenship should be denied. Again,
should be denied, not just could be denied.
The halls of RQ'd files are full of applicants who probably met the presence requirement, but IRCC is having trouble verifying that. Not where you want to go.
