Received a "Residence Questionnaire". Need help

[mcl101]

I sent my citizenship application on December 2011. I received a "Residence Questionnaire" in the mail today, Jan 15, 2013.

I need some clarification on the following question:

"What was your arrival date in Canada (the date on which you first came to Canada to live or the date on which you became a Permanent Resident of Canada) and what was your status (permanent resident, visitor, student, worker, refugee, claimant, etc.)?"

That is the exact question. Now, I arrived in Canada as a landed immigrant on December 2007 (same date is written at the back of my PR card). During this time, I was a student studying in the UK. So after the holidays I left Canada to continue my studies in the UK. I graduated in July of 2008 and flew back to Canada in August 2008. This is when I started my life in Canada.

So what should my answer be?

a) December 2007 - student

or

b) August 2008 - permanent resident

The underlined words are confusing, since both a & b answers would seem correct.

Any help on clarifying this is appreciated. Thanks

 

[rajmalhotra7]

I sent my citizenship application on December 2011. I received a "Residence Questionnaire" in the mail today, Jan 15, 2013.

I need some clarification on the following question:

"What was your arrival date in Canada (the date on which you first came to Canada to live or the date on which you became a Permanent Resident of Canada) and what was your status (permanent resident, visitor, student, worker, refugee, claimant, etc.)?"

That is the exact question. Now, I arrived in Canada as a landed immigrant on December 2007 (same date is written at the back of my PR card). During this time, I was a student studying in the UK. So after the holidays I left Canada to continue my studies in the UK. I graduated in July of 2008 and flew back to Canada in August 2008. This is when I started my life in Canada.

So what should my answer be?

a) December 2007 - student

or

b) August 2008 - permanent resident

The underlined words are confusing, since both a & b answers would seem correct.

Any help on clarifying this is appreciated. Thanks

arrival date in Canada - December 2007 - Permanent Resident.

You went back to UK to study... so you were a student in UK not in Canada. In Canada, your status was Permanent Resident in December 2007....

Time between December 2007 and August 2008 was absence from Canada due to completion of studies in UK.

August 2008 and till date - You have been living in Canada, but you are a Permanent resident since December 2007.

 

[mcl101]

Thanks for the answer!


(not to doubt/correct you) I talked to immigration consultants regarding my student status abroad. I was told that my time as a student in the UK was counted.

When I submitted my citizenship application, I stated that I was a student at that time (Dec 2007 - Aug 2008). My days of physical presence fell short: 1,056 days out of the 1,095.

But I was assured (and now im doubting them) that being a student abroad was an exemption from my absences so I still sent out my application. Maybe this is why I received the "QR"?

 

[mikeathome]

Thanks for the answer!


(not to doubt/correct you) I talked to immigration consultants regarding my student status abroad. I was told that my time as a student in the UK was counted.

When I submitted my citizenship application, I stated that I was a student at that time (Dec 2007 - Aug 2008). My days of physical presence fell short: 1,056 days out of the 1,095.

But I was assured (and now im doubting them) that being a student abroad was an exemption from my absences so I still sent out my application. Maybe this is why I received the "QR"?

Yes, that's why you received a RQ. I think you made a big mistake sending the application 40 days short. These 40 days might cause a delay of upto 24 month now.

Good luck,
Mike

 

[rajmalhotra7]

Thanks for the answer!


(not to doubt/correct you) I talked to immigration consultants regarding my student status abroad. I was told that my time as a student in the UK was counted.

When I submitted my citizenship application, I stated that I was a student at that time (Dec 2007 - Aug 2008). My days of physical presence fell short: 1,056 days out of the 1,095.

But I was assured (and now im doubting them) that being a student abroad was an exemption from my absences so I still sent out my application. Maybe this is why I received the "QR"?

These immigration consultants give you wrong advices and when you get stuck... they charge money to fight your case.... You made a mistake.... by relying on immigration consultant. Now you are at the mercy of CIC, if they would consider time between Dec 2007 - Aug 2008 as time spent in Canada on H&C grounds. You can now expect lengthy processing time... may be 5-6 years... and might have interview with Judge... After then also your application for citizensip can be refused for not meeting 1095 days... Good Luck Bro....

Later on when you become eligible again.. Expect another RQ and lengthy processing times, if by then circumstanes would not have changed with respect to processing times.

 

[scylla]

Yes, that's why you received a RQ. I think you made a big mistake sending the application 40 days short. These 40 days might cause a delay of upto 24 month now.

Good luck,
Mike

Agreed. Huge mistake sending the application 40 days short. It's almost certain your application will be refused. You should withdraw your application and re-submit it once you meet the residency requirements for citizenship.

There are no special rules for students. They must meet residency requirements just like everyone else. Your time as a student in the UK will definitely not be counted.

 

[mcl101]

Thank you all for the honest and sensible replies.

I feel like kicking myself for not waiting 40 more days

So I can see that my options are:

a) Complete the RQ from, submit it and hope everything gets sorted

or

b) Withdraw my application & start a new application (will withdrawing affect my application if I re-apply again?)

Which should I go for? (I get the feeling that I go for b)

 

[miltonian]

Its better go for option B. You can save time and stress of RQ.

 

[mcl101]

UPDATE

Just got off the phone with cic.. Explained to them my situation.. Here's what we discussed:

Being a foreign student is not exempted from the 1095 days required.
The reason for my RQ is because I am short 40 days.
Cic advised that I can still submit my completed RQ (ie I still have a shot but there's no guarantee of passing). If cic will reject my application because I am short 40 days, they simply would have not sent me the RQ and just decline my application from the start. However, the Citizenship Office (in Vancouver) that processes RQs have a back log of 16-24 months! I might as well withdraw my application and submit a new one with that time frame.

I see some scenarios here:
1) Continue on and submit my RQ, wait for another 24 months to process it, then finally be granted citizenship.

2) Continue on and submit my RQ, wait for another 24 months to process it, then only to be rejected at the end. At this point I have wasted 3 years waiting for nothing.

3) Withdraw my application now and submit a new one. This time meeting all requirements. But what if I get another RQ with my new application?

Keep in mind that I have been travelling a lot in & out of Canada (on holidays and attending Weddings). I read that some people get RQ's even if they meet all requirements.

Any thoughts on this?

 

[Msafiri]

General sentiment is that its best to re-apply so that your application falls back into the 'routine' category...the time you've lost to date is still less than the 16-24 month backlog CIC just quoted you.

A major concern with continuing the current application is if its referred to a Citizenship judge who then chooses to apply the strict physical presence test to the residence criteria. The Federal Court has ruled in many cases that a Citizenship Judge can apply the strict physical presence test as long as its clear this is the test applied and the reasons thereof...your case is a clear decision. I recall a case where the applicant was short by 8 days and got rejected!! In the interim he had moved to the US on a Green Card and so a fresh application would have required him to return to Canada and start accumulating physical days.

There is no appeal to decisions of the Federal Court in Citizenship matters.

 

[rajmalhotra7]

Thank you all for the honest and sensible replies.

I feel like kicking myself for not waiting 40 more days

So I can see that my options are:

a) Complete the RQ from, submit it and hope everything gets sorted

or

b) Withdraw my application & start a new application (will withdrawing affect my application if I re-apply again?)

Which should I go for? (I get the feeling that I go for b)

If I were you, I would go with option b

 

[scylla]

Withdraw your application. There's pretty much no chance you will be approved. Yes - it's certainly possible you'll get the RQ again when you apply a second time. But again, no point in proceeding with the current application. You'll end up waiting for a few years just to be refused. Cancel and re-submit once you actually meet the residency requirement.

 

[AFMTL]

UPDATE

Just got off the phone with cic.. Explained to them my situation.. Here's what we discussed:

Being a foreign student is not exempted from the 1095 days required.
The reason for my RQ is because I am short 40 days.
Cic advised that I can still submit my completed RQ (ie I still have a shot but there's no guarantee of passing). If cic will reject my application because I am short 40 days, they simply would have not sent me the RQ and just decline my application from the start. However, the Citizenship Office (in Vancouver) that processes RQs have a back log of 16-24 months! I might as well withdraw my application and submit a new one with that time frame.

I see some scenarios here:
1) Continue on and submit my RQ, wait for another 24 months to process it, then finally be granted citizenship.

2) Continue on and submit my RQ, wait for another 24 months to process it, then only to be rejected at the end. At this point I have wasted 3 years waiting for nothing.

3) Withdraw my application now and submit a new one. This time meeting all requirements. But what if I get another RQ with my new application?

Keep in mind that I have been travelling a lot in & out of Canada (on holidays and attending Weddings). I read that some people get RQ's even if they meet all requirements.

Any thoughts on this?

Hi,

PLEASE WITHDRAW YOUR APPLICATION AND REAPPLY SINCE YOU ARE SHORT IN NUMBER OF DAYS. THERE IS NO WAY THEY WILL ACCEPT YOUR CASE. I WAITED 4 YEARS AND HAD TO WITHDRAW.

I KNOW THIS IS NOT AN ANSWER YOU ARE EXPECTING OR WANTING TO HERE, BUT MAKE THE RIGHT DECISION, SO YOU DON’T REGRET IT LATER.

THANK YOU,

 

[OKK]

UPDATE

Just got off the phone with cic.. Explained to them my situation.. Here's what we discussed:

Being a foreign student is not exempted from the 1095 days required.
The reason for my RQ is because I am short 40 days.
Cic advised that I can still submit my completed RQ (ie I still have a shot but there's no guarantee of passing). If cic will reject my application because I am short 40 days, they simply would have not sent me the RQ and just decline my application from the start. However, the Citizenship Office (in Vancouver) that processes RQs have a back log of 16-24 months! I might as well withdraw my application and submit a new one with that time frame.

I see some scenarios here:
1) Continue on and submit my RQ, wait for another 24 months to process it, then finally be granted citizenship.

2) Continue on and submit my RQ, wait for another 24 months to process it, then only to be rejected at the end. At this point I have wasted 3 years waiting for nothing.

3) Withdraw my application now and submit a new one. This time meeting all requirements. But what if I get another RQ with my new application?

Keep in mind that I have been travelling a lot in & out of Canada (on holidays and attending Weddings). I read that some people get RQ's even if they meet all requirements.

Any thoughts on this?

Withdraw and reapply

 

[ontarioan]

What'd you end up doing..?

cheers