Applied with less than 1095 days! Big mistake

[ivana]

Hello,
I would like to share my story with all of you.
We applied for citizenship June 2013. Our excitement got the best of us, we really really want to be become Canadian Citizens. We thought we have all the days to apply for citizenship. We collected all documents and send them off. Happy days! We even received a test invite on November 2014. To our surprise, we were short on days!!! to be more exact, we are 17 days short. It turns out, WE made a mistake when calculating the days. There is nobody to blame but us... Now, like many of you, we are waiting.
We got three ATIP reports and nothing had been moving since 2015/05/21.
The last entry says:
Type: RQ to hearing by officer
Description: FPAT long completed. File forwarded to Hearings. CF/FAU/5831
Now, we renew ours PRs, with no problem or time constrains... only 3 months.
The reason for this post is to know if somebody have any similar experience.
We are in Vancouver.

 

[ivana]

No response... Nobody made the same mistake?

 

[dpenabill]

Response times in this forum can take hours or days.

Yes, there are other topics here in which various individuals have reported similar experiences. Some are obvious as indicated by reference to the 1095 day threshold or to being "short" or such in the topic title.

How and why the "mistake" was made is one big factor among many that can affect the ultimate outcome. But there are indeed many factors.

If you want to plan to make your best case at the hearing, you need to put together what is called a Koo case, focusing on showing how your lives were centralized in Canada, but also focusing on the particular Koo criteria. "Koo" is another term to look for in topic titles to find more information about this. It is also imperative to show the date by which you established actual, physical residence in Canada . . . only time in Canada after that counts when it is a qualitative residency case.

For a time, the consensus in this forum tended to argue that shortfall (less than 1095 days actual presence) cases had very, very poor chances. We have seen numerous reports, including both anecdotal reports here as well as officially published decisions, reflecting that at least some CJs are still approving some shortfall applicants and that citizenship is being granted (but we have also seen the Minister appeal some of these). Almost impossible to guess what the chances of success are.

 

[ivana]

Thanks for the response. I apologize for the tone of my last entry. I am just frustrated with myself for making such a stupid mistake, I should, could had wait... I did not and now I am paying the consequences. I had called CIC with zero response or help. I will just let it go and wait. It is hard but nothing I can do. Thanks

 

[Cappuccino]

Hi - firstly regarding the response you may wish to wait more than 30 minutes before asking people why they haven't responded. It's likely to be several hours, or even days, before someone sees the post with some light to shed on the situation.

Secondly what I would say is that if your current application fails because of the shortfall in Canada presence, if you reapply under the new process the application is likely to only take 6 months, perhaps even less, to process. If you were eligible just a few days after June 2013 then assuming you've spent at least 6 months in each of the years since 2013 in Canada, you should comfortably have sufficient presence to meet the new 4/6 criteria.

Assuming you sent photocopies of your documents rather than originals these should be relatively easy to collect again?

My advice is to assume your current application will fail (not a certainty but it is a more likely outcome) and prepare to re-apply under the new process if you can.

 

[ivana]

Thanks for the reply, at this point, should I wait or cancel my application. I had search Koo and I feel I have a strong case. All trips were to the USA where my family lives. I just don't know.

 

[Cappuccino]

Thanks for the reply, at this point, should I wait or cancel my application. I had search Koo and I feel I have a strong case. All trips were to the USA where my family lives. I just don't know.

If you are not in any rush for citizenship then you may as well wait, since there is still a chance you could be successful.

I only suggest preparing a new application as a precautionary measure so you can apply as soon as possible if you current application is unsuccessful.

But certainly you don't really want to have to pay 2 lots of processing fees (and the new fees are $530 + $100 per adult) if you don't have to

 

[Exports]

There are few applicants with considerable less days under the old rule who have been approved after CJ hearing and some with even very less days such as less than 30 delays been rejected! No idea the content of FPAT. There is no time frame for CJ hearing its really surprising- am waiting for almost more han 6 months now after passing the test- no CJ hearing still scheduled. I had self-declared less number of days than 1095 and applied with basic residence.

If you have completed the days under new rule, its upto you whether to pursue your application or withdraw and reapply? Read the feedback of applicants in the forum and then decide.. Its really only we are to be blamed as we didn't do proper research before applying about the risks and possible consequences.

 

[ivana]

True to that! My mistake and know, well... just wait. I will keep this tread open and report any updates. Let me tell you guys, I have a routine to check the mail everyday after work. I don't check it because I am waiting for anything in particular, I just check it to see if I get any mail from CIC... its been a nightmare. This whole ordeal is getting to me. Will see. Thanks for the responces

 

[ivana]

If any body else wants to share their experiences, please do. I will respond any questions you may have regarding my case, timelines, docs, etc. Thanks.

 

[canmozu]

One size fits all solution is not the answer to your problem. You got best explanation from dpenabill because every case is different and we never know how the judge decide your case.

 

[ivana]

ok, I will post my progress. Maybe somebody else can use the info. Thanks

 

[chikloo]

ok, I will post my progress. Maybe somebody else can use the info. Thanks

Hi ivana,
You have waited from 2013 do not withdraw now. You wont get back your money and the new fee is 630. Please wait for a while to see through this application. Again we do not know your life situation where you may need citizenship immediately. So make that call based on your personal needs.

As other fellow member suggested it is a straight forward case if you have 1460 days and 4 yrs of PR with min 183 days physical presence in each of it

 

[ivana]

Thanks chikloo, I will wait. I don't have a physical urge but mental. I will keep you guys posted. Thanks. By the way, I had been here for a long time, but just decided to post. I have to say, it is rewarding to do so. Thanks everybody

 

[Exports]

Hello,
I would like to share my story with all of you.
We applied for citizenship June 2013.
Type: RQ to hearing by officer
Description: FPAT long completed. File forwarded to Hearings. CF/FAU/5831
Now, we renew ours PRs, with no problem or time constrains... only 3 months.
The reason for this post is to know if somebody have any similar experience.
We are in Vancouver.

Hv you send a case specific enquiry?
As you mentioned in the ATIP: rq to hearing citizenship officer ; may be different and might be lighter who know as mine specifically says in queue for CITIZENSHIP JUDGE HEARING.

Hope you have approached the call centre, what does the agent say about hearing timeline or the wait time, as you are patiently waiting for almost more than 14 months now?