Stuck in Physical Presence

[ibimmer]

Hi,

I’ve been stuck in PP for 4 months now. I did apply with 1096 (100% confirmed) days and I had a long travel history with extended leaves so I kinda saw this coming.

But my main concern is from GCMS notes that the exit/entry details section shows physical presence of only 781 days and absences of a staggering 1879 days, mainly due to missing many exit entries, and apparently they log presence using exit dates only.

So what happens now? Am I stuck forever? They never requested an interview or anything. Is just a waiting game?

 

[vkamath]

To which country did you travel. For US the I94 travel history makes it clear

 

[ibimmer]

Non US travel mainly. International flights.

 

[scylla]

Hi,

I’ve been stuck in PP for 4 months now. I did apply with 1096 (100% confirmed) days and I had a long travel history with extended leaves so I kinda saw this coming.

But my main concern is from GCMS notes that the exit/entry details section shows physical presence of only 781 days and absences of a staggering 1879 days, mainly due to missing many exit entries, and apparently they log presence using exit dates only.

So what happens now? Am I stuck forever? They never requested an interview or anything. Is just a waiting game?

I would expect your application is going to go to secondary review and at some point they may ask you for evidence of your travels. Your application being send to secondary was pretty much bound to happen since you applied with only 1096 days. Unfortunately this also means your application is non-standard and you can expect longer than normal processing times.

Not much you can do but wait. If you had a time machine I would say don't apply with just 1096 days and make sure you have a decent buffer. But what's done is done.

 

[ibimmer]

Agree. I started the application early and since it’s valid for 60 days, thought I just go ahead and submit. Going back I would’ve waited at least 30 days.

That said, I’m not so sure that would’ve helped either given the missing exit entries. As far as they’re concerned, I have like 781 of presence days anyway.

 

[Lavenaa]

Hi,

I’ve been stuck in PP for 4 months now. I did apply with 1096 (100% confirmed) days and I had a long travel history with extended leaves so I kinda saw this coming.

But my main concern is from GCMS notes that the exit/entry details section shows physical presence of only 781 days and absences of a staggering 1879 days, mainly due to missing many exit entries, and apparently they log presence using exit dates only.

So what happens now? Am I stuck forever? They never requested an interview or anything. Is just a waiting game?

Did you try applying for the CBSA travel records? I did and got it back in about 3 weeks so could be worth it. Interestingly all my exits are logged correctly, but it was missing five entries as I used my Nexus card for these entries. But getting the report might help you see which trips/exits are missing.

I also applied with 1096 days. I have gotten my language skills approved three weeks ago, but physical presence and prohibitions are still pending. But getting the CBSA records confirms that my date entries for the application was correct, so I am not sure what else they would need to look for since they have never asked for any information from me or asked for an interview. I did send them a webform attaching my Nexus card, I-94 records, CBSA records, and flight itineraries for the missing 5 entries. Not sure it will help with anything, but might as well.

Given the correct date entries, so I am not sure why the delays in the approval. But I guess not much to do but wait. I requested the GCMS dates three weeks ago, but have not got that in yet.

 

[armoured]

Did you try applying for the CBSA travel records? I did and got it back in about 3 weeks so could be worth it. Interestingly all my exits are logged correctly, but I was missing five entries as I used my Nexus card for these entries. But getting the report might help you see which trips/exits are missing.

I agree that OP should order the CBSA travel records to know.

I'd done this for spouse and there was only one exit missing (a lot of travel); we provided some info about that missing exit with the citizenship app. After applying we had interview (5 mins and jsut a few questions) and got the physical presence cleared as of the interview date.

Anyway: should get the CBSa records and compare, as it could turn out that the date discrepancy boils down to demonstrating only a few entries/exits missing (or at least which ones make for the largest discrepancy).

 

[ibimmer]

Did you try applying for the CBSA travel records? I did and got it back in about 3 weeks so could be worth it. Interestingly all my exits are logged correctly, but it was missing five entries as I used my Nexus card for these entries. But getting the report might help you see which trips/exits are missing.

I also applied with 1096 days. I have gotten my language skills approved three weeks ago, but physical presence and prohibitions are still pending. But getting the CBSA records confirms that my date entries for the application was correct, so I am not sure what else they would need to look for since they have never asked for any information from me or asked for an interview. I did send them a webform attaching my Nexus card, I-94 records, CBSA records, and flight itineraries for the missing 5 entries. Not sure it will help with anything, but might as well.

Given the correct date entries, so I am not sure why the delays in the approval. But I guess not much to do but wait. I requested the GCMS dates three weeks ago, but have not got that in yet.

I did a couple of months ago. Records are missing almost all exit entries. It’s inline with gcms.

 

[Lavenaa]

I did a couple of months ago. Records are missing almost all exit entries. It’s inline with gcms.

Oh that's interesting. Concerning how CBSA can miss so many records!

 

[ibimmer]

Exactly. I’m not sure what happens next. They should figure it out.

 

[armoured]

I did a couple of months ago. Records are missing almost all exit entries. It’s inline with gcms.

Was all this travel a long time ago, like at beginning of the five year period?

Were you travelling on a different travel doc? You could try again inquiring of CBSA and specifically identifying ALL of the travel docs you have held and used. This would include other passports, other travel docs, Nexus, etc. (Exits particularly if tickets booked using a second / different passport even if you actually travelled using the 'first' passport.) Entries to Canada they *should* in all cases see PR card and that obviously linked to one's profile (possible exception of US passport holders).

This is based on intuition and some record of noticing that CBSA is more likely to have missing exits when other docs used. Probably not the only such cases but one potential cause. (I'm assuming possible that when we/IRCC ask for record checks CBSA might generate and send the first one they have - and stop there, so if one set of travel records is not 'linked', IRCC doesn't see them). [caveat this is informed speculation]

 

[ibimmer]

Yes I included every single travel document that I ever held since getting the PR.

All missing ones are from 2020-2022. I see some exists in 2023/2024.

 

[armoured]

Yes I included every single travel document that I ever held since getting the PR.

All missing ones are from 2020-2022. I see some exists in 2023/2024.

I believe the government's system for tracking exits by plane was 'in the works' and only went into full-production (where it should capture all exits) in 2021 or 2022. Not certain exactly. So they should be aware that this is a possibility, i.e. not due to anything on your end.

Just means they'll take more time to check. But you can rest reasonably easy in that they shouldn't be surprised, and shouldn't be treating you as 'guilty' - they just don't have the records.

See here:
https://www.canada.ca/en/border-services-agency/news/2019/07/entryexit-initiative.html

The regulations only fully adopted in 2020, so presuambly was a year or two later. (And no doubt it's still not perfect, although more complete). I'm sure it's possible to track down the specific date it went into full production mode, but don't see it makes much difference here.

 

[ibimmer]

They started 2020 so in theory exist records should be there but I guess it is what it is.

I also don’t see any ICES request in the notes. Just requested another set of notes to see if they’ve made that request. Turn around of ICES is like 3-4 months.

I just need this over with.

 

[armoured]

They started 2020 so in theory exist records should be there but I guess it is what it is.

They started by finalizing the regulations in 2020 - they didn't complete process of requiring all airlines to provide and the procedures to do so in 2020 (as far as I'm aware). That was a year or more likely two later.