Denied AFTER the test? Missing days in residence

[nguyentu2001]

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

yes, just acknowledge your mistake...hope that they will let you slide.

CIC has all rights to deny your application and ask you re-apply.
There is no way you can appeal since this is obviously your fault. If the worst case happened (rejected), don't bother/waste your time appealing.

 

[hopeful_canuck]

Hello all,

An update- I've now received an RQ, with more requirements than the last. I assume I'll have to send the exact same documents (passport copies, travel proof) and then some, and I'm now wondering if it's worth considering dropping my application and then re-applying after a couple of months.... The costs of gathering, printing, and photocopying all the supporting documents are now close to the cost of a new application fee.

Thoughts? Advice? Not sure if they take a re-application into consideration in a negative light.

 

[vinaypuri]

If you re-apply chances of you getting a RQ is high too. I suggest respond the RQ. I have noticed these days RQs are responded fast by CIC Missi/or Scar.

I m in similar shoes. CIC could not able to validate my entries... they were missing in CBSA records. I got post test RQ, I preped up for it in advance and was able to respond to RQ within a day.

Hello all,

An update- I've now received an RQ, with more requirements than the last. I assume I'll have to send the exact same documents (passport copies, travel proof) and then some, and I'm now wondering if it's worth considering dropping my application and then re-applying after a couple of months.... The costs of gathering, printing, and photocopying all the supporting documents are now close to the cost of a new application fee.

Thoughts? Advice? Not sure if they take a re-application into consideration in a negative light.

 

[daktrader]

Dont wihdraw the application...
It will for sure trigger a RQ the 2nd time...

I was RQ'ed twice...and Ive been waiting since...(see my signature)
Wish you the very best!

Hello all,

An update- I've now received an RQ, with more requirements than the last. I assume I'll have to send the exact same documents (passport copies, travel proof) and then some, and I'm now wondering if it's worth considering dropping my application and then re-applying after a couple of months.... The costs of gathering, printing, and photocopying all the supporting documents are now close to the cost of a new application fee.

Thoughts? Advice? Not sure if they take a re-application into consideration in a negative light.

 

[JoeYYC]

Don't withdraw your application,

Judges are humans after all, and they know that we do mistakes. Since you are short of a few days, your best chance is to have a judge considering compassionate grounds, or relying on Koo, especially you are only a few days short and you have centralized your life in Canada . If the judge relied on Pourghassemi , which I think is unlikely; then nothing to do.

Bottom line, be honest, forthcoming, and hope for the best.

 

[hopeful_canuck]

That's interesting, thanks! And also heartening to know that I'm not the only one. Have you already received any updates since you sent in your RQ?

Also, I wasn't sure how to obtain Records of Movement as the Philippines doesn't seem to offer this...

If you re-apply chances of you getting a RQ is high too. I suggest respond the RQ. I have noticed these days RQs are responded fast by CIC Missi/or Scar.

I m in similar shoes. CIC could not able to validate my entries... they were missing in CBSA records. I got post test RQ, I preped up for it in advance and was able to respond to RQ within a day.

 

[vinaypuri]

Somethingd you can request something you can't. My major issue was my travel records between US and Canada were not clear. Two entries I showed in my application which is not present in CBSA records. CBP(US Agency) does not issue records easily.

So as part of RQ, you make your case by proving strong ties with Canada. Employment records, tax records, health records, Records of family (in my case my wife and kid are Citizens) etc. Bank and Credit statements give the good evidence.

They received on Monday so I will wait a few days. I will call them on Friday to check if they received it.. and everything looking as expected. Will keep you updated.

That's interesting, thanks! And also heartening to know that I'm not the only one. Have you already received any updates since you sent in your RQ?

Also, I wasn't sure how to obtain Records of Movement as the Philippines doesn't seem to offer this...

 

[Msafiri]

Hello all,

An update- I've now received an RQ, with more requirements than the last. I assume I'll have to send the exact same documents (passport copies, travel proof) and then some, and I'm now wondering if it's worth considering dropping my application and then re-applying after a couple of months.... The costs of gathering, printing, and photocopying all the supporting documents are now close to the cost of a new application fee.

Thoughts? Advice? Not sure if they take a re-application into consideration in a negative light.

What's your timeline and Local Office for the current application?

 

[hopeful_canuck]

Here is the rough timeline (no exact dates):

April 2012: CIC received my application
November 2013: Took the citizenship test
March 2014: Additional documents requested
May 2014: RQ requested

Current processing time: 25 months.

What's your timeline and Local Office for the current application?

 

[Msafiri]

1. What is your Local Office?
2. If you were to re-apply today or in the very near future i.e. May 2014 would you meet the 1095 days of physical presence in the last 4 years?
3. Do you have a solid track of the 1095 days in 2?

I've seen case law where the applicant was denied with 1094 days - the CJ applied the strict residency test of 1095 days and FC agreed with this. Each FC ruling on a residence issue contains the phrase or words to the effect that the CJ is free to chose any of the 3 residency tests subject to the CJ clarifying which, why and how they applied the test. If you are in a 'fast' Local Office - currently any GTA office then its certainly worth thinking about re-applying. If you clarify a re-application is because you had a 2 day shortfall then CIC may process it as routine and you would be done in 6-8 months which in my opinion is going to be faster than the time you will wait for CIC to review your RQ and schedule you for a CJ hearing. Its the 'CJ can choose' aspect that hangs over your head!

 

[dr_majed8835]

Here is the rough timeline (no exact dates):

April 2012: CIC received my application
November 2013: Took the citizenship test
March 2014: Additional documents requested
May 2014: RQ requested

Current processing time: 25 months.

Hi hopeful_cnuck,

During the first interview how did they find out that you were missing days of physical presence although they only have records of entry to Canada. Did they check the flights manifests? Or did you forgot to mention one of your entries to Canada?

I'm asking because I do have many exits for home country visits and the stamps are in language other than English and French so I'm afraid that those stamps will cause me problem if I loose track of them.

 

[hopeful_canuck]

Hi dr_majed8835,

During my first interview my passport was being renewed so they had to go through my Records of Movement - I travel quite a bit too for work and there were a lot of stamps that I had to verify. Most countries will have the English translation written somewhere in the stamp- but I had to make sure they were legible (stamp ink drying, smudges).

If you're like me I'd suggest starting even as early as now to track proof of travel to all those places (boarding passes, flight itineraries) because I had to spend a lot of time going through mine for the first requirement after the test.

Hi hopeful_cnuck,

During the first interview how did they find out that you were missing days of physical presence although they only have records of entry to Canada. Did they check the flights manifests? Or did you forgot to mention one of your entries to Canada?

I'm asking because I do have many exits for home country visits and the stamps are in language other than English and French so I'm afraid that those stamps will cause me problem if I loose track of them.

 

[dr_majed8835]

Thanks, so your record of movement showed your frequent entries to Canada and not the exits right?
Because, this is what we do receive from CBA. That means that the applicant has to provide his exits from Canada and his entries to other countries to declare the exact days of absence.

 

[mathlete]

I'm in the same boat as you. I applied thinking I had the days and some weeks to spare. Unfortunately after my RQ I realized that I had missed a trip (I travel extensively for work and the border people don't always stamp so that trip was missed) and ended up being 1.5 days short. I applied in December 2011 and have up upcoming test scheduled for June 10 2014. I let CIC know of the shortfall during the RQ process so I'm hoping that have worked that part out by now but who knows. I'll update after my test to let you know where I'm at. I think the worst-case-scenario here is that I go before a judge and that takes some time.

 

[Newbie2014]

I would not place my hopes on a citizenship judge having mercy on you. The CIC has been getting tougher and tougher in its analysis. If you wait, and they reject your application, you will have to re-apply under the new law.

If I were you, I would withdraw and re-apply. As you have seen on the boards, people are getting processed in a matter of months now...