Loulou79 said:
When u first apply, you send the application form only. If the officer is suspicious, he/she will ask for bank statements, children's' school records, a record of OHIP claims etc. If u used to live in the U.A.E they will ask for the exit/entry report from the UAE, as many ppl used the e-gate facility to avoid stamps.
I travelled to the UAE in 2014, I have the entry and exit stamps from their end. However, the officers at Pearson did not stamp my passport. Would that be a problem?
As you astutely observe, there is the routine application and if there are concerns, questions, issues, or as you describe it, suspicions, then there are additional inquiries including potentially requests for additional documents from the applicant.
What triggers this, however, does not have to rise to the level of suspicions. IRCC's primary focus, unless and until there are overt reasons for suspicion, is to verify the information submitted. IRCC's primary tools for doing this are old-fashioned: cross-checking the information submitted, both within the application itself and with existing data (GCMS, FOSS, CBSA travel history, RCMP and U.S. NCIC/FBI databases, and the data accessible in the various related databases maintained by IRCC and CBSA, including for example any previous Residency Determination).
Then there is, of course, the absolutely required PI interview (Program Integrity interview), which gives IRCC an opportunity to further verify the information submitted (often includes examination and cross-referencing information in passports for example, stamp dates and such) as well as assess the applicant in person.
If and when IRCC goes beyond that depends on the extent to which IRCC is satisfied it has adequately verified the information submitted and the applicant's qualifications.
Best to avoid doing something which will trigger further inquiry, especially any elevated scrutiny. Not just because of the risk of a negative decision. The majority of applicants burdened with the full-blown RQ process, for example, still proceed to a successful decision and taking the oath. But as much because when the application process goes non-routine in this way, at the least that is going to delay the process and it can delay the process by a lot. Many months, or years.
Applicants cannot entirely make sure to avoid triggering elevated scrutiny. The inclusion of additional documents with the application, as suggested by
ngag is not likely to have any impact and may, depending on the documents and other circumstances, actually increase the risk of additional inquiry and elevated scrutiny.
But applicants can avoid doing certain things which increase the risk of additional inquiry and elevated scrutiny. Biggest thing is to carefully follow the instructions and make sure the application is fully completed, all relevant information provided,
accurately provided. Applying with a prudent margin of physical presence about the minimum thresholds is another.
Regarding the latter, again how much of a margin an applicant should apply with varies depending on the individual's situation. Many are likely safe with just a couple or four weeks. Some should wait longer.
The circumstances which suggest the applicant should wait to have a bigger margin are way, way too many to attempt enumerating. A
scratching-the-surface selection of examples:
-- an applicant who has had a child born abroad since becoming a PR
-- an applicant who has been employed abroad after becoming a PR and during the relevant time period
-- an applicant with frequent travel
-- an applicant claiming no travel
-- an applicant who has immediate family members living abroad or have been living abroad for an extended period during the relevant time; includes applicants with children attending school abroad; especially a spouse living or working abroad
-- an applicant with status to live or work in another country (U.S. Green Card holders, and those with status to work in the ME especially)
These are not fixed rules. They are not in any particular order. They do not affect all applicants the same way.
In any event, I think it is safe to say that
all applicants should, at minimum, have a full week margin over the minimum, and frankly my sense is more like three or four weeks.
An applicant might go with a smaller margin over the minimum for one year in the 183 days in a calendary year, for four Calendary Years, requirement, but remember, under the current law this requirement is inflexible and if IRCC is not satisfied the applicant actually met the 183X4CY requirements, IRCC
MUST refer the case to a CJ, and if the CJ is similarly not satisfied that the applicant has, at that juncture,
proven beyond a balance of probabilities by clear and convincing evidence the requirement was met, the CJ must deny the application. Be clear what this means: just meeting the requirement is not sufficient if the case goes to a CJ: the applicant will have to prove all the days present by clear and convincing evidence. (Frankly, I used to think this language, in the court cases, was an overstatement, since "clear and convincing" usually refers to a standard of proof greater than "beyond a balance of probabilities." But I have now seen this language repeated in several decisions, and as incongruous as it seems to me, that is, imposing a burden higher than merely beyond a balance of probabilities, this appears to be the standard commonly applied now.)
By the way, regarding children's school records: This illustrates how often the application form and checklist can change and how important it is to be sure to use the correct application form on the date the application is made. In the past, applicants were required to submit children's school records with the application. This had been a source of much confusion, especially as to what records satisfied this requirement, and many applicants had their application returned to them as incomplete because IRCC/CIC concluded the records submitted were not satisfactory. In April a new application and checklist was implemented and while I have not reviewed changes in detail, and am not sure if there were other new forms in the intervening time since I last examined the application form and checklist, the school records for children no longer need to be included with the application.
This is relevant to the postdating the application question: be sure to compare the application form and checklist the day one makes the application to be sure it is the same as the one being submitted. Cannot do that if the application was postdated.
ngag said:
The case you mentioned may really imply that there had been some fraud involved. Actually lack of stamps may indicate that she was outside of country all the time not the opposite. Many have more than one passport. Some were found to have been using one passport and applying for citizenship with the other.
One would readily suspect that CIC's concerns in that case were at least somewhat founded on legitimate reasons to doubt the veracity of the applicant's declarations. While there are more than a few participants in this forum who tend to have a more negative view of CIC or IRCC, generally I believe they make a concerted effort to get things right and do not arbitrarily or capriciously subject applicants to protracted processing like they did the applicants in this case. That is, I believe there is, at least in the vast majority of cases, some reason for the government's doubts and challenges. The irony, though, as Justice Roy highlighted, is that in this case the CJ seemed to focus on a lack of indications of travel as reason to conclude there must have been travel.
ngag said:
Here I have a question please, dpenabill. Although I am far from applying right now, but I am surprised with the volume of problems usually associated with the presence requirement.
My question is: If the applicant attaches to her/his application copies of all boarding passes (so as to have no doubts about entry and exit dates), proves of living a normal life in Canada, like medical history showing regular check ups (over the whole period, not only in certain months per year), pay-stubs, school bulletins of the kids, e-mails confirming engagement in any kind of activity, job interviews, job search programs, appointments (with members of different governmental organizations not a few private ones).
On what basis should an officer raise concerns with all these documents in hand? even with applying with no margin after being qualified?
I largely agree with the response by Almost_Canadian
Almost_Canadian said:
Any excess documents you sent with your application the first time would most probably be discarded. So no point sending anything except what is required by them.
Once the officer reviews your file, he/she will determine whether your information needs further verification. If so, they will issue you the RQ or mini RQ as they think necessary.
Dpenabill has given you a very good analysis why an application with exact dates would tend to be more scrutinized.
My question to you is : if you are currently living in Canada and will be here for the near future, why would you not wait at least 2 -3 weeks to build up a buffer of dates before applying ? A wait of 3 weeks now could save you a year of waiting later on.
And the question thus posed is precisely the question. And to be clear, it is all too likely that a total stranger bureaucrat might look at an application that barely meets the minimum requirements and wonder precisely this: why didn't this person wait a little longer. Only the bureaucrat will not ask the applicant this question. Rather the bureaucrat will take the file out of the routine processing track and put in a track for further scrutiny, to see if some reason pops up in the information, which may include things like going on the Internet to search for information about the applicant, the applicant's address(es) or employer(s), and so on, ranging from Canada411 to LinkedIn and Facebook, or other so-called "open-sources."
Note, however, the additional documentation will NOT be "discarded." Largely disregarded, perhaps, but not discarded. As I noted before, last I have seen based on responses to ATIP requests for physical files, IRCC keeps everything, even the packaging the application arrives in. And in this regard, many of the cases in which applicants have run into credibility issues and circumstances in which CIC and CJs identify inconsistent information as a basis for not accepting the applicant's version, involve CIC finding the inconsistencies in what the applicant himself or herself submitted. The more information an applicant submits, the more there is there for CIC to mine and discover some incongruities or inconsistencies. Among the most common are credit card transactions appearing to take place in a location other than where the applicant declared he or she was during that period of time. Which is ridiculous in most situations, since many credit card transactions are recorded as if done at a business location other than where the card holder was at the time. And remember, if IRCC identifies something which indicates, to IRCC's view, that the applicant was IN Canada at a time when the applicant declared he or she was Outside Canada, that can damage the applicant's credibility as much as if it was the other way. In the past anyway, CIC's reaction to this situation was not "Oh, the applicant must have been in Canada more than the applicant thought." No. Rather it was: "the applicant's declarations of dates of travel are NOT accurate and therefor not reliable evidence, therefore the applicant has not proven presence."