Proof of Stay in Canada

[jithucan123]

Hello Guys,

We are planning to go back to our Home country for 6 months. We would like to apply for Citizenship once we have completed the Residency Obligations

Could you please tell me what are the documents is accepted as a proof of stay in Canada? We (My self, wife and our elder son) have landed in 2014 March 4 and I have my Rental receipt till 2015 February. I have a post paid Mobile Bills From 2014 March to till date. I have my T4 Forms of 2014 though I worked just 5 months in the year 2014. I think these proofs are enough.

But unfortunately my wife don't have any documents as a proof of stay in Canada except Bank Statements and her Tax return in the year 2014. For our son we have only the vaccination records as a proof.

Could you please tell me that whether this will create any problem for us at the time of applying citizenship or Renewal of our PR Card?

Thanks in advance

 

[Msafiri]

1. Based on my understanding of immigration law there is in practice no document that is 100% conclusive proof of your total required period of physical presence in Canada for say a citizenship application (other than incarceration which wouldn't count) but there is a strong inference of something close to this when employment related documentation is provided.

2. This employment has some caveats - full time, requires your physical presence in Canada e.g bus driver, bona fide role, earnings via payroll, payroll via traceable method so not cash, taxed at source, reputable employer in compliance with Provincial/ Federal legislation, earnings declared to CRA via T4 system, earnings filed and NOAs issued, earnings realistic to a level supportive of regular daily living not a figure significantly below a living wage/ welfare levels etc.

3. Other documents pertaining to active proof of physical presence are full time educational attendance with again the course and institution being attended a consideration. Medical related bills such as dental, optician, lab receipts on the premise that you likely had the root canal not your sibling so as to cover your absence from Canada. Passive proof of presence such as phone bills, bank statements, property tax assessments have little face value unless considered in addition to all other documentation. You can have these things without spending a single day in Canada other than landing and heading out within a week. If CIC has doubts of your residence for citizenship purposes they send you a Residence Questionnaire, interview you and you get to see the CJ. Even after this you can get bounced and the courts more often than not are in agreement with CIC.

4. Read up on the citizenship rules via the CIC website they have both a minimum number of days to apply over a 6 year qualifying period and a minimum number of days/ year of the time period used to apply. Try out the residence calculator it will tell you when you can apply based on your proposed absences. You may have to revise your travel plans based on your target citizenship application date.

 

[jithucan123]

Hi,

Thanks a lot for your detailed reply.

So I guess it is safe to apply for citizenship once I get a full time Permanent job and my kid enrolled in a school and my wife filed the Tax Return (She is not working and because of health issues she cannot work so our only option is the GST and Child Care Benefit which is credited to her Bank Account)

I guess we don't have any issue in Airport when we return from our Home Country to Canada after 6 months.

Thanks

 

[Msafiri]

There are many successful citizenship applicants who are unemployed for a variety of reasons. However being unemployed for the entire qualifying period seems to increase scrutiny from CIC although where valid grounds such as serious health concerns exist say as evidenced by disability type Federal/ Provincial payments overcome this to an extent. What we see being a problem on the forum and in case law is typically the unemployed applicant with seemingly a history of travel in and out of Canada who suddenly has a lost, missing, stolen passport covering the entire qualifying period for citizenship when its time for their initial application or usually the citizenship test/interview. If you don't work and you don't have a passport its just easiest for CIC to RQ you than try to figure out if you are a genuine case for declared residence days...blame the fraudsters and CIC's lack of exit record keeping (they know when you entered Canada).

You won't have problems re-entering Canada as you are only landed PRs 16 months ago and have 5 years to comply with the RO (minimum 730 days of physical presence). Keep a good record of your exits and entries (date and time) from and to Canada is the message here since passports are increasingly not being stamped by CBSA though there is an electronic record.

 

[jithucan123]

Thanks for the reply.

So CIC would know how many days I stayed in Canada right? I think they could know how many days we stayed in Canada and how many days we were out of Canada once they checked our passports because in every Airport they have mentioned when we have exited from Canada and when we return. I don't think having a job is a mandatory for applying Citizenship. Correct me if I am wrong.


Thanks

 

[Msafiri]

....So CIC would know how many days I stayed in Canada right? I think they could know how many days we stayed in Canada and how many days we were out of Canada once they checked our passports because in every Airport they have mentioned when we have exited from Canada and when we return. ......Thanks

CIC know via CBSA records when you entered Canada as documents are scanned and also typically stamped. CBSA doesn't stamp exits although it has other ways including inspection of passenger manifest to track exits but CIC may not know when you left. CIC can't always rely on some other countries entry/exit stamp trail as proof of your presence in Canada. For a start the stamp may be in a date format, language or characters that are unfamiliar to CIC. Also there are many 'corrupt' countries where a border official can entry/exit stamp your passport with any date you want easily creating a 'fake 2 week vacation' whereas in reality you were away for 6 months. Further some countries don't stamp their citizens/PRs passports or those of foreign nationals who hold work or long term residence permits. Add to these applicants with dual/multiple citizenships travelling on multiple passports and you see why CIC wants you to declare all your passports and needs additional proof of residence in Canada best evidenced by your filed taxes.

.... I don't think having a job is a mandatory for applying Citizenship. Correct me if I am wrong.Thanks

Its not but it sure makes your declared 'In Canada' days more believable. Under the SCCA you must abide by Tax Legislation to regardless of income (file taxes is the message).

 

[jithucan123]

Is there any problem if we leave Canada on September 2015 and back on 2018 March (365+365+183=913 Days)? I mean my wife and my kids will back to Canada after 2 and half years and I will back after maximum of 6 months (2016 March). We are here in Canada since 2014 March 4. Unfortunately we don't have any evidence to prove it. In this case what you suggest us to do? Is there any other way to prove we are in Canada since March 2014 and never leave the country till 2015 September? We don't want to risk our PR status at any cost. So please share your thought.

Thanks

 

[Msafiri]

As a PR you can enter and exit Canada without issues subject to meeting the RO at all times so you don't get reported. Even if reported you still enter until due process is completed. If CIC has an issue with your residence for any reason (typically PR Card renewal, citizenship application, sponsorship, PRTD application) then they will ask for extra documentation. Your passport stamps should suffice as strong proof of your presence for 2014/2015 so I wouldn't worry too much about this at this time. Hang on to your Sep 2015 exit boarding passes and scan them if possible. Typically on the forum those PRs who front load their absences in the 5 year window from date of landing (using most or all of the 3 year allowed absence) seem to end up having most of the problems upon return to Canada as it often means they can't leave Canada for 730 days straight. They then have difficulties attending various life events (weddings, funerals etc) or undertaking business/pleasure travel.

 

[jithucan123]

Thanks a lot for your reply