Denied AFTER the test? Missing days in residence

[hopeful_canuck]

I applied for Canadian citizenship just shy of the 1095 residence day requirement (I believe the online calculator mentioned 1098). I believed my travel information was accurate and submitted.

I have since been called to take the test and passed. Unfortunately I did not have my passport during the interview (it was being renewed) and I signed authorization for CIC to look into my travel records.

They have recently called me and mentioned there are two travel dates unaccounted for; upon further research I realized that I missed mentioning roughly 9 days outside of Canada.

Thus, this puts me below the required number of residence days.

I'm pretty devastated, understanding it took 2 years to find out that I may be rejected from obtaining my citizenship (no decision has been made yet, but I am assuming the worst).

Is there any way to appeal? What are usually the next steps?

 

[chakrab]

this is the reason why it is always recommended to give at least couple of weeks room after 1095 if one has travelled regularly. unfortunately nothing can be done at this point, since residence calculator is a major flag point. get your CBSA report for the whole timeline and recheck all the dates.

you may be asked to appear before the judge if they think you have a good case otherwise.

 

[hopeful_canuck]

Thanks! What usually happens though? I'm curious if there's a likelihood I appear before a judge, or get handed and RQ...versus an application rejection. It's too bad this happened AFTER I took the test

this is the reason why it is always recommended to give at least couple of weeks room after 1095 if one has travelled regularly. unfortunately nothing can be done at this point, since residence calculator is a major flag point. get your CBSA report for the whole timeline and recheck all the dates.

you may be asked to appear before the judge if they think you have a good case otherwise.

 

[chakrab]

Thanks! What usually happens though? I'm curious if there's a likelihood I appear before a judge, or get handed and RQ...versus an application rejection. It's too bad this happened AFTER I took the test

theoretically it goes for a judge's decision. i don't think they will flatly reject. expect a RQ and a meeting with the judge on top of it.

 

[vinaypuri]

I don't think it will get rejected. If you have been in Canada since applying I don't see any reason they should reject it. You signed the app to the best of your knowledge and they verified it via CBSA records few days short.

Its reasonable in my view to make such error and judge should consider since you have been a good resident and have been living in Canada.

What is your office?

theoretically it goes for a judge's decision. i don't think they will flatly reject. expect a RQ and a meeting with the judge on top of it.

 

[vinaypuri]

When they called you, did they tell you about the next steps? Or if you need to provide any documentation?

I applied for Canadian citizenship just shy of the 1095 residence day requirement (I believe the online calculator mentioned 1098). I believed my travel information was accurate and submitted.

I have since been called to take the test and passed. Unfortunately I did not have my passport during the interview (it was being renewed) and I signed authorization for CIC to look into my travel records.

They have recently called me and mentioned there are two travel dates unaccounted for; upon further research I realized that I missed mentioning roughly 9 days outside of Canada.

Thus, this puts me below the required number of residence days.

I'm pretty devastated, understanding it took 2 years to find out that I may be rejected from obtaining my citizenship (no decision has been made yet, but I am assuming the worst).

Is there any way to appeal? What are usually the next steps?

 

[canadp]

Sorry to hear that...


Someone asked in this forum recently for help to suggest while applying for new citizenship applications.

Here you go.

Do not apply on exact days or with 3-4 days difference for citizenship application but wait for at least 3-4 weeks to on top of your residency requirement.

Make sure your residency days are correct excluding your all absence.

Residency days are PRIMARY requirement, if you missed out any other document you still have a chance to get over it. But if residency days are shorten, that is a straight denial of application.

 

[hopeful_canuck]

Thanks, I certainly hope so. I'm of course very willing to explain all this to a judge if given the opportunity. But with citizenships becoming harder to come by (or so I've heard), naturally I'm worried.

I don't think it will get rejected. If you have been in Canada since applying I don't see any reason they should reject it. You signed the app to the best of your knowledge and they verified it via CBSA records few days short.

Its reasonable in my view to make such error and judge should consider since you have been a good resident and have been living in Canada.

What is your office?

 

[hopeful_canuck]

They didn't say much over the phone - just that there were two dates that I didn't mention on my application (which I didn't do intentionally) and that I should look into it. I think they're going to mail me something but they didn't say what exactly. Maybe it's the RQ?

When they called you, did they tell you about the next steps? Or if you need to provide any documentation?

 

[vinaypuri]

I see, what is your office where you gave test?

They didn't say much over the phone - just that there were two dates that I didn't mention on my application (which I didn't do intentionally) and that I should look into it. I think they're going to mail me something but they didn't say what exactly. Maybe it's the RQ?

 

[hopeful_canuck]

I took the test in Mississauga. They were very nice over there.

I see, what is your office where you gave test?

 

[vinaypuri]

Yeah, Mississauga won't give you RQ after test. so every office has 6 Months after the test to make the final decision. Mississauga is a lot faster.

My guess, they will call you with the full documentation for Judge hearing. I suggest you acknowledge your mistake, show them proof, you have a job, kids and have been living like a good resident. Go prepared with documentation such as Tax assessments, Bank statements etc to make your case.

I think they will be reasonable. I have been following the Citizenship threads over a year now, never heard that anyone got denied because they were short of few days. As long as Judge feels that it is a reasonable human documentation error... you will be good.

I took the test in Mississauga. They were very nice over there.

 

[hopeful_canuck]

Wow that's awesome news! I'm hoping this is indeed the case. Thanks for making my day!

Yeah, Mississauga won't give you RQ after test. so every office has 6 Months after the test to make the final decision. Mississauga is a lot faster.

My guess, they will call you with the full documentation for Judge hearing. I suggest you acknowledge your mistake, show them proof, you have a job, kids and have been living like a good resident. Go prepared with documentation such as Tax assessments, Bank statements etc to make your case.

I think they will be reasonable. I have been following the Citizenship threads over a year now, never heard that anyone got denied because they were short of few days. As long as Judge feels that it is a reasonable human documentation error... you will be good.

 

[ramsfe]

Dear friends, Fellow applicants!

The law currently says that to apply, one should have 1095 days in Canada, the conservatives added ( unofficially) a requirement that these days be physical presence, some judges beg to differ and jurisprudence is there to confirm it.

So, if you have 1095 days + 1 day, and are absolutely sure of your number of days and of the accuracy of your declarations on the application form, then you can send send your application and have no worries.

It is true that leaving a cushion of a few days might prove helpful in some situations, however, if you declare 1500 days or 1096 days, it is the SAME when it comes to the law, since you are over the minimum requirement. However, CIC will tick on any mistake, so even if you lived here for 1500 days and forgot to mention 9 days of travel, you will have problems and will probably at least receive an RQ if not a judge hearing.

3 or 4 weeks cushion, that's just a psychological guarantee to yourself, to CIC, it is not...

In my interventions, I always try to be factual and to help others strictly follow the rules, a few months ago, I also decided to stop giving my personal interpretations that are built on more than two different variables so as not to give people the wrong advice.

Now to the person that forgot to mention 9 days, well, be honest about it and it will probably be OK, if you have over 1095 days of residence in Canada ( not necessarily physical) , then the judge will probably be hard on you but will also give you chances because if you are short of 9 days of "physical" presence, providing that you passed the test, you live here, everything else shows that you have been here before and after applying ( the KOO Test...or the Balance of probabilities), then he or she will probably approve your application because otherwise, you will be able to appeal at the supreme court and CIC will loose because you will pass the KOO Test successfully, and if CIC looses, well it will be another jurisprudence against them....

So GOOD LUCK ! Get prepared to show everything you have that can prove that you are here, don't lie about the fact that you forgot to mention some travel, don't hide anything and show them that you really belong to Canada and things will probably be ok.

 

[SenoritaBella]

I have my exact travel dates(boarding passes) and date stamps in my passport, so I won't wait for cushion days. Also, for those claiming half day credit for the time before they became a PR, as you go over the 1095 days + 1 day, you loose more of those "half day credits" and the more full days you need to make it up.

Now my prayer is to be able to submit my application before the news rules are ever in effect.

Dear friends, Fellow applicants!

The law currently says that to apply, one should have 1095 days in Canada, the conservatives added ( unofficially) a requirement that these days be physical presence, some judges beg to differ and jurisprudence is there to confirm it.

So, if you have 1095 days + 1 day, and are absolutely sure of your number of days and of the accuracy of your declarations on the application form, then you can send send your application and have no worries.

It is true that leaving a cushion of a few days might prove helpful in some situations, however, if you declare 1500 days or 1096 days, it is the SAME when it comes to the law, since you are over the minimum requirement. However, CIC will tick on any mistake, so even if you lived here for 1500 days and forgot to mention 9 days of travel, you will have problems and will probably at least receive an RQ if not a judge hearing.

3 or 4 weeks cushion, that's just a psychological guarantee to yourself, to CIC, it is not...

In my interventions, I always try to be factual and to help others strictly follow the rules, a few months ago, I also decided to stop giving my personal interpretations that are built on more than two different variables so as not to give people the wrong advice.

Now to the person that forgot to mention 9 days, well, be honest about it and it will probably be OK, if you have over 1095 days of residence in Canada ( not necessarily physical) , then the judge will probably be hard on you but will also give you chances because if you are short of 9 days of "physical" presence, providing that you passed the test, you live here, everything else shows that you have been here before and after applying ( the KOO Test...or the Balance of probabilities), then he or she will probably approve your application because otherwise, you will be able to appeal at the supreme court and CIC will loose because you will pass the KOO Test successfully, and if CIC looses, well it will be another jurisprudence against them....

So GOOD LUCK ! Get prepared to show everything you have that can prove that you are here, don't lie about the fact that you forgot to mention some travel, don't hide anything and show them that you really belong to Canada and things will probably be ok.