Denied AFTER the test? Missing days in residence

[sazamizi]

So true!

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.

 

[mathlete]

The fact of the matter is I've been living in Canada for 10 years, essentially my entire adult life. The only reason it took me 7 years to apply is because of the "physical requirement" that I couldn't meet because I had to travel for work purposes while working for Canadian based firms. I wasn't going back to my home country, I was working.

Needless to say after paying taxes on all three levels (municipal, provincial, federal), been married to Canadian and having lived in Canada for as long as I have, I think it's a little disconcerting that I'm waiting 3 years to take a citizenship test. Meanwhile people that have just arrived in Canada in the last 4 years and landed have got their citizenship.

 

[Msafiri]

The fact of the matter is I've been living in Canada for 10 years, essentially my entire adult life. The only reason it took me 7 years to apply is because of the "physical requirement" that I couldn't meet because I had to travel for work purposes while working for Canadian based firms. I wasn't going back to my home country, I was working.

Needless to say after paying taxes on all three levels (municipal, provincial, federal), been married to Canadian and having lived in Canada for as long as I have, I think it's a little disconcerting that I'm waiting 3 years to take a citizenship test. Meanwhile people that have just arrived in Canada in the last 4 years and landed have got their citizenship.

Once your file is non routine as yours was by not having the 1095 days of actual physical presence (APP) with RQ issued the timelines effectively go out the window. You should order your GMCS notes to see if your RQ has actually been reviewed. If it hasn't then there could be an even longer wait after the test while you are scheduled to see a Judge. To deal with the backlog CIC are dealing with new routine applications and post 2012 RQs with what seems to be a smaller team dealing with pre 2012 RQs (further it seems in reverse order). The only recourse for the delays is to file a writ of mandamus but in your case applying with less than 1095 APP doesn't help your Mandamus cause (regardless of the time period before that which would be considered though for a centralized residence test).

 

[mathlete]

Once your file is non routine as yours was by not having the 1095 days of actual physical presence (APP) with RQ issued the timelines effectively go out the window. You should order your GMCS notes to see if your RQ has actually been reviewed. If it hasn't then there could be an even longer wait after the test while you are scheduled to see a Judge. To deal with the backlog CIC are dealing with new routine applications and post 2012 RQs with what seems to be a smaller team dealing with pre 2012 RQs (further it seems in reverse order). The only recourse for the delays is to file a writ of mandamus but in your case applying with less than 1095 APP doesn't help your Mandamus cause (regardless of the time period before that which would be considered though for a centralized residence test).

When I applied neither myself nor CIC knew that I had any days short. A colleague of mine actually applied with the right amount of days and is still waiting for a test date (also dec 2011 application). The joke is that I've almost accumulated another 1095 physical presence days since my application date!

 

[cabaneasucre]

Hello everyone,
After passing the test now Nov/2014, during the interview the officer checked all stamps from my passport to compare to the residence calculator and the CBSA report that I had requested and submitted with my application. My job requires me to travel and I had over 45 international trips, which were even hard to check stamps in my passport. During the review the officer inquired about 1 missing trip, which was listed in the entry report and not listed in my calculator. I explained that trip was a day trip to NYC and that's why I did not include, but officer found another stamp showing 1 day difference in one of my trips from what I had in my calculator. Basically, this officer told me I was missing 2 days of 1095 and it would have to be reported within my application. A CJ would review my file, but this officer was very nice to tell me to not worry, that many people who have jobs like mine requiring travels, go through the same process. Officer told me everything was fine and I would a getting letter inviting for Oath within 4 months. I was definitely positive with everything, until I started reading this forum and noticed people waiting for years :'( which now is concerning me.

Officer did ask me about my travels international (98% business), studies in Canada and work and at the end, had me to sign an one page document showing the 2 missing days of my application. I researched the RQ document that people talk about in this forum, but the page I signed as much simpler than that, and did not have all those information. Wonder if someone else had the same experience and would know what was that document that I could have signed

On a side note, my PR card expires in 5 months, should I consider sending renewal application now ?

Thanks

My timeline: Applied in March/2014 - Test Nov/2014

 

[neutral]

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

If you have been living most of the time in Canada after you sent your application it would go in your favor when appearing before the judge.

 

[OP_POP]

If you have been living most of the time in Canada after you sent your application it would go in your favor when appearing before the judge.

HOW DO YOU KNOW? Why do you keep mentioning your opinion without any proof? Do you have any proof for what you are talking about?!

 

[thecoolguysam]

If you have been living most of the time in Canada after you sent your application it would go in your favor when appearing before the judge.

Only 4 years preceeding the date of application would be considered for citizenship. Same is mentioned on cic's online residence calculator website

 

[jrjayl]

Only 4 years preceeding the date of application would be considered for citizenship. Same is mentioned on cic's online residence calculator website

I somehow agree with neutral on that point.
Before a judge, it is up to him/her to make a decision whether you have met the eligibility to be granted the Canadian citizenship. CIC puts weight on whether an applicant intend to live in Canada or just to obtain a passport and leave. The previous statement is not my personal opinion, rather reflected from the new law C-24. Having stayed in Canada after the application is sent does show the intention to continue to live here, which may help when appearing in front of a judge.
But again, this is just my personal thoughts.

 

[thecoolguysam]

I somehow agree with neutral on that point.
Before a judge, it is up to the him/her to make a decision whether you have met the eligibility to be granted the Canadian citizenship. CIC puts weight on whether an applicant intend to live in Canada or just to obtain a passport and leave. The previous statement is not my personal opinion, rather reflected from the new law C-24. Having stayed in Canada after the application is sent does show the intention to continue to live here, which may help when appearing in front of a judge.
But again, this is just my personal thoughts.

I agree too but its totally upon the Judge to decide.

 

[cec2011]

I somehow agree with neutral on that point.
Before a judge, it is up to him/her to make a decision whether you have met the eligibility to be granted the Canadian citizenship. CIC puts weight on whether an applicant intend to live in Canada or just to obtain a passport and leave. The previous statement is not my personal opinion, rather reflected from the new law C-24. Having stayed in Canada after the application is sent does show the intention to continue to live here, which may help when appearing in front of a judge.
But again, this is just my personal thoughts.

I missed mine by one day - thought I was eligible on November 1st but after scoring a perfect on my citizenship test, an officer felt I had too many absences from 2011 and had me sign to get the CBSA report. I received a form C250 or C2050 or whatever it was (a less invasive RQ). I had unaccounted for 1 day trip, and two trips (totaling two day absence from Canada) putting me at 1094 for residency requirement. the irony is, I signed in on November 1st, sent it November 4th and they opened it November 6th... so by the time they got it I met the residency requirement. It's frustrating as I've lived here for 14 years, it's all I know, and it's upsetting it wasn't taken into consideration. Especially when my job has me working with criminals who all had an easier time getting citizenship than it appears I am having.

I sent everything off to the officer assigned to my case Monday and it was received Tuesday (Scarborough office). Ive' heard response times are anywhere from ten days to 6 months. It is frustrating and I am having issues letting go of anger at myself and towards the entire process.

 

[neutral]

If you have been living most of the time in Canada after you sent your application it would go in your favor when appearing before the judge.
HOW DO YOU KNOW? Why do you keep mentioning your opinion without any proof? Do you have any proof for what you are talking about?!

It's called COMMON SENSE, but I know, not everybody has it so don't worry, you aren't the only one who miss it ;D

 

[OP_POP]

It's called COMMON SENSE, but I know, not everybody has it so don't worry, you aren't the only one who miss it ;D

You should really stop giving these stupid "common sense" as advice here. If you don't have evidence to back up your reply, you shouldn't reply or at least say "I think it is bla bla bla".

Common sense vs. rules / laws / reality can be completely different.

 

[neutral]

You should really stop giving these stupid "common sense" as advice here. If you don't have evidence to back up your reply, you shouldn't reply or at least say "I think it is bla bla bla".

Common sense vs. rules / laws / reality can be completely different.

If you appear before a judge is because according to the law, your application should be refused, usually related to the residence of less than 1095 days.

So, at that point, the judge uses the law, of course, but he can interpret it in many ways that are SUBJECTIVE.

A very well known ACJ decision:

"The Citizenship Judge refused Papadogiorgakis’s application on the basis that he had not accumulated three years of residency in the four years immediately preceding his application. On appeal, Associate Chief Justice Thurlow held that even though Papadogiorgakis had not accumulated 1,095 days of residence in Canada, because he had “centralized his mode of living in Canada” the three year residency requirement had indeed been met: Papadogiorgakis, para 17. Thurlow ACJ allowed the appeal and found that Papadogiorgakis had met the residency requirement.

One of the questions of the 3 Tests that the judges use today is:

]What is the quality of the connection with Canada: is it more
substantial than that which exists with any other country?


And the answer of that question would be very different if the applicant LIVE in Canada right now, after have sent the application rather than living abroad.

Now, is that a guarantee that the judge will grant him the citizenship? Of course not and I didn't say that neither

 

[Yazzabbazz]

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?

What eventually happened in this case? I applied for my citizenship in May 2020 and had 1097 days of my physical presence that had been met in a 4 year period.

I was out of the country with my work (Canadian company) for a total of 75 days over 2 of those years and many weekends here and there in the USA.

I was laid off 2 months before applying and my main reason for applying was because at the time there were many relevant jobs advertised in the CSIA, RCMPand even the IRCC however you have to be a Canadian to apply for these roles.

I was recently asked to provide a scan of my passport and a copy of my entry/exits from the usa.

I realise that I have missed 2 trips to the USA on my presence calculator which then cut my physical presence to 1094 days.

I have sent a letter explaining my reason for applying so soon without a greater buffer before applying and have also asked that my presence, 13 months after applying, in canada be taken into account.

I can get proof from my old employer regarding my work trips but I would be very thankful for advise about this