Citizenship Application 1095 Days not completed (1065 days) Can I apply?????

[mike124]

Dear all
when I fill the online calculator this is what written on the form :'(
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According to the information you provided, you meet the basic residence requirement but
you have not been physically present in Canada for at least 1,095 days (three years) in the
four years (1,460 days) preceding the date of your application.According to the information
you provided and assuming nothing else changes, you will accumulate 1,095 days of
physical presence on 2015-12-04.

Absences from Canada ???

From To Destination Reason # Days
2011-11-03 2011-12-24 xxxxxxx family matters 51
2012-07-27 2012-12-16 xxxxxxx family matters 142
2012-12-31 2013-07-22 xxxxxxx Family matters 203


Total # Days 396 ;D

Only a citizenship judge can determine if you meet the residence requirement with fewer than 1,095
days of physical presence. For guidance on whether you should apply now or wait, consult Frequently
Asked Questions.
If you choose to apply now, you can print and attach this page with your Application for Canadian
Citizenship - Adults. If you attach this page, you do not need to fill in sections 7(e) and 7(g) of the
application. Simply check the box, 'Residence Calculator results submitted with my application'.
Please make sure that the date of application used in this calculation and the date of signature on the
application form and on this page are the same.
If you choose to wait until you have 1,095 days of physical presence before applying, please redo the

calculation before sending in your application. Your circumstances might have changed. For example,
you might have more absences and this could impact your eligibility.
Warning: If you send an application containing misleading or fraudulent information, you can be
charged with a criminal offence and your citizenship application can be refused.
I understand the content of this form. I declare that the information provided is true, correct and
complete.
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so shall i proceed ???
what is the consequences
what if rejected :-*
.......

 

[Leon]

In my opinion, you should not bother to apply now. You would face your citizenship application taking forever and at some point you will be called before a judge who will want to know what is so special about you that they should give you citizenship even though you do not meet the residency requirements. However, there are no consequences if you do this and are rejected. You can apply again normally if you are refused.

 

[touché]

In my opinion, you should not bother to apply now. You would face your citizenship application taking forever and at some point you will be called before a judge who will want to know what is so special about you that they should give you citizenship even though you do not meet the residency requirements. However, there are no consequences if you do this and are rejected. You can apply again normally if you are refused.

I second that. Don't do it. Wait till you get the required 1095 days.

 

[EasyRider]

However, there are no consequences if you do this and are rejected. You can apply again normally if you are refused.

The consequences are high chances of getting RQ with next application and taking it a long time to process.

 

[eileenf]

If you apply with less than 1095 days of physical presence, I would guess that it would take 4 or more years to get a decision. Highlighted in red are delays that you have a greater chance of avoiding if you apply with the requisite 1095+ days of physical presence.

1 year initial processing in Sydney
+1 year RQ processing local office
+1 year typical local office processing/waiting for test
+1-2 year waiting for hearing with judge
= 4-5 or more year timeline

You will have to see a judge and you would be well advised to have a lawyer accompany you to the judge's hearing. This is a significant, and avoidable cost.

If you are eventually denied and decide to reapply for citizenship in the future, it is almost certain that you will receive an RQ again, since the previous denial or withdrawal of an application is a stated risk factor for RQs. So any future applications likely will be delayed 1 or more years by the RQ. You will need to fulfil your PR residency requirement during the whole period when your application is in process.

If you can apply later, when you have 1095+ days, you are (ironically) likely to receive citizenship much earlier than if you apply now.

It frustrates me that the CIC does such a poor job informing applicants of the consequences and timelines associated with applications of less than 1095 days of physical presence.

 

[OKK]

In my opinion, you should not bother to apply now. You would face your citizenship application taking forever and at some point you will be called before a judge who will want to know what is so special about you that they should give you citizenship even though you do not meet the residency requirements. However, there are no consequences if you do this and are rejected. You can apply again normally if you are refused.

I strongly agree....No point in applying as after dealing with a dreaded RQ then called before a judge and ultimately a refusal.

 

[mike124]

I appreciated all opinion :-*

as If all noted that I will complete my 3 years ....if i did not apply this time

I should wait till Dec,2015 (according to the calculation form ) ???[flash=200,200][/flash]

this means 27 Month to apply ?

and waiting another 24 month from that time to get the citizenship...

..this means Dec,2017 to get citizenship ?

From today till that time it is 4 years

so that is why I plan to apply this month even there is RQ

:-*I Will be able to fill it ?

because the time I mention it in the form is correct 100%
//////////////////////////////////////////////////////////////
So what do you think every one ..
Please Help I am confused and I don't know what to do

Any Help Please

 

[touché]

I appreciated all opinion :-*

as If all noted that I will complete my 3 years ....if i did not apply this time

I should wait till Dec,2015 (according to the calculation form ) ???[flash=200,200][/flash]

this means 27 Month to apply ?

and waiting another 24 month from that time to get the citizenship...

..this means Dec,2017 to get citizenship ?

From today till that time it is 4 years

so that is why I plan to apply this month even there is RQ

:-*I Will be able to fill it ?

because the time I mention it in the form is correct 100%
//////////////////////////////////////////////////////////////
So what do you think every one ..
Please Help I am confused and I don't know what to do

Any Help Please

I'm not sure I follow your last post. Is there another question in there? You'll actually be doing yourself (and other applicants in the system) a favour by waiting till you are eligible. That will be one less application the CIC won't have to process at this time. Thereby helping processing timelines albeit in a minute way. Sorry if this comes across as a bit blunt but remember it's still only my opinion. The final decision is yours.

Like eileenf rightly pointed out, the CIC should do a better job of communicating the consequences of applying with less than 1095 days.

 

[eileenf]

if i did not apply this time I should wait till Dec,2015 (according to the calculation form ) ???[flash=200,200][/flash]

this means 27 Month to apply ?

and waiting another 24 month from that time to get the citizenship...

..this means Dec,2017 to get citizenship ?

From today till that time it is 4 years so that is why I plan to apply this month even there is RQ

:-*I Will be able to fill it ?

because the time I mention it in the form is correct 100%
//////////////////////////////////////////////////////////////
So what do you think every one ..Please Help I am confused and I don't know what to do. Any Help Please

No one can predict what processing times or policies will be like in 2015. No on can say for sure that scenario #1 will definitely take 5 years and scenario #2 will take 2 years. Processing times change continually. Individual cases have different timelines.

That said, applying with less than 1095 days is just a bad bet. It adds stress and expense (lawyer) to your life, it requires you to go before a judge who will judge every element of your application, your personal reliability and your ties to Canada. And for all that, it's highly unlikely that you would get citizenship any sooner than if you waited 2 years to apply. It is a lot of risk for no benefit.

Stress + expense + invasive RQ + judge's hearing = citizenship no sooner (best case scenario) or denial + a RQ delay when you reapply (ie citizenship in 2020!)

Question: Why will it take 2 extra years to get 1095 days if you are at 1065 right now? Are you leaving the country for the next 1-2 years?

Advice: Before you send off your application, review the RQ itself & it's requirements. Try to know what you're getting into. http://residencequestionnaire.files.wordpress.com/2013/05/cit_0171e_092012.pdf
Also, consider discussing your plans with an experienced immigration lawyer.

 

[Leon]

Question: Why will it take 2 extra years to get 1095 days if you are at 1065 right now? Are you leaving the country for the next 1-2 years?

Because he spent 396 days outside Canada in the past 4 years and his first absence was at the end of 2011, his days in Canada now are only eating up the days he spent in Canada 4 years ago and he is not adding any more days right now. He will not add the 30 days he needs until the 4 year anniversary of his first absence so at the end of 2015.

 

[margobear96]

I appreciated all opinion :-*

as If all noted that I will complete my 3 years ....if i did not apply this time

I should wait till Dec,2015 (according to the calculation form ) ???[flash=200,200][/flash]

this means 27 Month to apply ?

and waiting another 24 month from that time to get the citizenship...

..this means Dec,2017 to get citizenship ?

From today till that time it is 4 years

so that is why I plan to apply this month even there is RQ

:-*I Will be able to fill it ?

because the time I mention it in the form is correct 100%
//////////////////////////////////////////////////////////////
So what do you think every one ..
Please Help I am confused and I don't know what to do

Any Help Please

You're missing a vital point. Unless you have a very good reason for not meeting physical presence, you will not get citizenship. It will just take 4 years+ for CIC to finally tell you that. BTW a very good reason is something like you're an airline pilot and though you live in Canada with your family, you do not (and will not be able to) meet the physical presence requirement due to the nature of your job.

 

[scylla]

Wait until 2015. If you apply now, I predict that it will take you MUCH longer to get citizenship than if you wait and apply in 2015.

 

[Msafiri]

..........It frustrates me that the CIC does such a poor job informing applicants of the consequences and timelines associated with applications of less than 1095 days of physical presence.

CIC quotes a 35 month timeline for non routine applications including where the applicant does not have 1095 days of physical presence and the residence calculator as above does refer that the applicant will need to see a judge. CIC won't spell out every detail that's not their job..they can help the process though by pushing for Parliament to change the Citizenship Act so that residence = physical presence..its a one line re-draft that's been waiting since 1977!!

 

[Msafiri]

mike 124,

You face the 'residence' definition conundrum in your application. Citizenship Act doesn't define residence as physical presence so sure you like many applicants have done can apply with basic residence. However your application as others state will go the scenic non-routine route currently 35 months to a Citizenship Judge who will decide which case law to apply in deciding if you meet the residence requirement. Even if the Judge sides with you (unlikely as your reasons for absence are not even employment related) CIC will just appeal and the Federal Court will rescind the CJ's decision. The courts and CIC as they rightly should are effectively saying to applicants (the latter though not necessarily in the clearest of manner) that residence = physical presence. If you are a patient soul sure apply hey its only 200 bucks but see you back here in 2016 asking about seeing the Judge!