Application for citizenship - a few questions

[Seym]

She was here on a visitor visa didn't had any SIN number so was not required to file tax

I addition to @forw.jane 's important caveat above, for which we have many recent examples in the forum, note that answering no to both "required to file" and "filed" for a given year if the person indeed didn't need to file tax also counts as complying with the tax requirement for said year for citizenship application.

 

[sahmed922]

Using visitor visa days as physical presence days can be challenging. In many cases, IRCC places the burden of proof on the applicant. Moreover, secondary validation, such as verifying tax records or work history, is not available for visitor visa days. Just be vary of using it. Better use only PR days.

Burden of proof for what?

 

[forw.jane]

Burden of proof for what?

Physical presence days in Canada as a visitor.
There are instances in the forum of applicant receiving notice from IRCC that they are not able to validate the Physical presence days of the applicant as a visitor in Canada.

Some instances of it -

https://www.canadavisa.com/canada-i...me-a-permanent-resident.818474/#post-10971398

https://www.canadavisa.com/canada-i...sical-presence-calculator.757634/post-9964717

https://www.canadavisa.com/canada-i...rd/threads/physical-presence-question.860736/

https://www.canadavisa.com/canada-i...sical-presence-question.860736/#post-10958159

https://www.canadavisa.com/canada-i...oms-application-returned.658625/#post-8229202

https://www.canadavisa.com/canada-i...ds/fewer-than-1095-days.859002/#post-10938758

https://www.canadavisa.com/canada-i...citizenship-application.822648/#post-10611232

https://www.canadavisa.com/canada-i...physical-presence.814556/page-5#post-10610348

https://www.canadavisa.com/canada-i...citizenship-application.851454/#post-10875959

 

[sahmed922]

Physical presence days in Canada as a visitor.
There are instances in the forum of applicant receiving notice from IRCC that they are not able to validate the Physical presence days of the applicant as a visitor in Canada.

Some instances of it -

https://www.canadavisa.com/canada-i...me-a-permanent-resident.818474/#post-10971398

https://www.canadavisa.com/canada-i...sical-presence-calculator.757634/post-9964717

https://www.canadavisa.com/canada-i...rd/threads/physical-presence-question.860736/

https://www.canadavisa.com/canada-i...sical-presence-question.860736/#post-10958159

https://www.canadavisa.com/canada-i...oms-application-returned.658625/#post-8229202

https://www.canadavisa.com/canada-i...ds/fewer-than-1095-days.859002/#post-10938758

https://www.canadavisa.com/canada-i...citizenship-application.822648/#post-10611232

https://www.canadavisa.com/canada-i...physical-presence.814556/page-5#post-10610348

https://www.canadavisa.com/canada-i...citizenship-application.851454/#post-10875959

Thankyou for that, i didn't realize that ot can happen.
So she came on 6th June 2021 on visitor visa
We got married on 25th june 2021
And applied for her PR and open work permit i think around 17November 2021 and she got her open work permit in March 2022 and PR on 5th May.

I called IRCC last year just to confirm and they said all her time will count, now with this information you gave.
What extra proof can i submit with the application so that it will have better chances of not returning back.
Entry stamps only because she never went back.
Then our marriage certificate because we got married here that should be proof aswell right?
Also got driver license during that time so there will be date on that, plus at that it was covid so mandatory hotel stay plus covid test and vaccines she got
Also we applied for her sin when she got open work permit even if it was for 2 months
What else can you think of?
We submitted a lot of documentation of us when we applied in November for her PR. Bank Statements, driver license date etc that she is here.

Any help will be appreciated

I know i can wait another year but if i have to apply now in the end of February after doing taxes or early March what should i submit.

Thanks

 

[forw.jane]

Thankyou for that, i didn't realize that ot can happen.
So she came on 6th June 2021 on visitor visa
We got married on 25th june 2021
And applied for her PR and open work permit i think around 17November 2021 and she got her open work permit in March 2022 and PR on 5th May.

I called IRCC last year just to confirm and they said all her time will count, now with this information you gave.
What extra proof can i submit with the application so that it will have better chances of not returning back.
Entry stamps only because she never went back.
Then our marriage certificate because we got married here that should be proof aswell right?
Also got driver license during that time so there will be date on that, plus at that it was covid so mandatory hotel stay plus covid test and vaccines she got
Also we applied for her sin when she got open work permit even if it was for 2 months
What else can you think of?
We submitted a lot of documentation of us when we applied in November for her PR. Bank Statements, driver license date etc that she is here.

Any help will be appreciated

I know i can wait another year but if i have to apply now in the end of February after doing taxes or early March what should i submit.

Thanks

What you mentioned above is a good set of proof that she lived in Canada. You can explain the same in letter of explanation and attach proof with it too as part of the citizenship application.

 

[sahmed922]

What you mentioned above is a good set of proof that she lived in Canada. You can explain the same in letter of explanation and attach proof with it too as part of the citizenship application.

Thanks really appreciate it, that's why i love canadavisa

 

[armoured]

Thankyou for that, i didn't realize that ot can happen.
So she came on 6th June 2021 on visitor visa
We got married on 25th june 2021
And applied for her PR and open work permit i think around 17November 2021 and she got her open work permit in March 2022 and PR on 5th May.

I called IRCC last year just to confirm and they said all her time will count, now with this information you gave.
What extra proof can i submit with the application so that it will have better chances of not returning back.

As I understand it, the issue is not just whether or not the person was physically IN Canada for the period before they became a PR, but whether the person was IN STATUS in Canada for those days AND whether IRCC can verify that the person was in status.

And it may be that it gets delayed while they check, or if they can't determine status from the records, that they will decide it's not sufficient days.

That's why others are saying you MIGHT want to wait and submit applicatoin until there are sufficient "full days" (that is, days after becoming a PR).

Up to you.

 

[sahmed922]

As I understand it, the issue is not just whether or not the person was physically IN Canada for the period before they became a PR, but whether the person was IN STATUS in Canada for those days AND whether IRCC can verify that the person was in status.

And it may be that it gets delayed while they check, or if they can't determine status from the records, that they will decide it's not sufficient days.

That's why others are saying you MIGHT want to wait and submit applicatoin until there are sufficient "full days" (that is, days after becoming a PR).

Up to you.

I understand that, but there is no harm in applying right they will return the application and we can always apply later then on the same fee.
And if she came canada on visitor visa that's valid for 6 months, she was on status and was on implied status on 2-3 months before she got her work permit and then PR. I mean i can prove visitor visa, work permit (from IRCC documents) also for implied status i can write in cover letter that she applied for PR in November and was considered on implied status even written on her work permit that status maintained something like that also i talked with IRCC and they said implied status days should count.

We are glomg somewhere in September and i want it done before September, if they will sent back then there is nothing we can do but no harm in applying right

 

[armoured]

I understand that, but there is no harm in applying right they will return the application and we can always apply later then on the same fee.
...

We are glomg somewhere in September and i want it done before September, if they will sent back then there is nothing we can do but no harm in applying right

I don't believe it works like that. Checks on the day count come later in the process, meaning it can just take much longer - AND it can still be refused at the end. (Losing you the fee as well)

Roughly: at beginning they assume the day count submitted in the app is correct, and then towards the end they look at dates to validate those days - and quite possibly triage files with more work required to validate to a "this is going to take a while" pile.

I can't say anything about whether their records or understanding of in status - esp implied status - will match with what you think and certainly not details of a specific file. No idea. Maybe you're right.

 

[sahmed922]

I don't believe it works like that. Checks on the day count come later in the process, meaning it can just take much longer - AND it can still be refused at the end. (Losing you the fee as well)

Roughly: at beginning they assume the day count submitted in the app is correct, and then towards the end they look at dates to validate those days - and quite possibly triage files with more work required to validate to a "this is going to take a while" pile.

I can't say anything about whether their records or understanding of in status - esp implied status - will match with what you think and certainly not details of a specific file. No idea. Maybe you're right.

Thanks, how can i confirm if they have record of implied status?or there is no way, because on her open work permit it says "status maintained" something like that. And during the implied status time she got call for her medical for her PR and she did that aswell, so they must know but you are right, ine can't be certain of anything until it's approved

 

[armoured]

Thanks, how can i confirm if they have record of implied status?or there is no way, because on her open work permit it says "status maintained" something like that. And during the implied status time she got call for her medical for her PR and she did that aswell, so they must know but you are right, ine can't be certain of anything until it's approved

I don't know any way to confirm this, but I don't claim to be an expert.

 

[sahmed922]

https://ibb.co/3dKkWy6

This is what it says, i don't know how to upload an image but it says "Observation/remarks
TEMPORARY RESIDENT STATUS MAINTAINED AS PER R183(6). DOCUMENT ISSUED TO PASSPORT
EXPIRY DATE. PENDING FC APR".
On her work permit