Citizenship denial because of a mistake in my effective presence calculation

[chardenne]

Hello world,

I know this topic has been addressed before but it never says how things ended, and I am worried because of my situation.

I applied for the citizenship last September, at 1467 days I think, and got invited to take the exam at the end of November, where I got 20 out of 20. After taking the exam I had an interview with an immigration officer, who said I forgot to report an absence. She couldn't tell for how long I was gone, as I went to Europe and they don't stamp my passport when I go back. She required more information. I went home and I searched my e-mails and couldn't find the flight tickets, so I finally called the airline, that confirmed that I was away for 14 days. Which means I applied 7 days too soon.... I am devastated. :'(

From 2013 to 2015 I went back and forth between Belgium and Canada because I had very serious health issues and was stuck in an hospital there and went through multiple surgeries. I was heavily medicated for a while, which is probably why I forgot to enter those dates in the online calculator.

Anyway, the immigration officer said I had to withdraw my application, or she will reject it. If I withdraw the application, I get a $100 refund out of $630, if she rejects it I get nothing. She told me to just reapply by sending the exact same file, with the current date. I asked her if I could be heard by a citizenship judge to justify my absences, she said I didn't stand a chance and should let it go.

My MP called the Ministry, but unfortunately it seems that she can't impact this kind of decision. Her secretary said I should appeal because my health issues are a valid argument, but do I really want to go there.. and what are my chances...

Is there people here who are/were in the same situation? If so, what was the outcome?

Thanks a lot in advance for your help!!

 

[Coffee1981]

You have zero grounds to launch an appeal on health grounds. There are no Humanitarian and Compassionate grounds in the Citizenship Act. It's 1460 days straight up. Even 1 day under will get your application rejected. They used to have discretion before the law changed in 2015, but not anymore. The Officer is right. The best thing you can do is to withdraw your application and start again, and thank your lucky stars you didn't get written up for misrepresentation for 'forgetting' to declare the full extent of your absences from Canada on your application this time around.

 

[VraiVie]

Hello world,

I know this topic has been addressed before but it never says how things ended, and I am worried because of my situation.

I applied for the citizenship last September, at 1467 days I think, and got invited to take the exam at the end of November, where I got 20 out of 20. After taking the exam I had an interview with an immigration officer, who said I forgot to report an absence. She couldn't tell for how long I was gone, as I went to Europe and they don't stamp my passport when I go back. She required more information. I went home and I searched my e-mails and couldn't find the flight tickets, so I finally called the airline, that confirmed that I was away for 14 days. Which means I applied 7 days too soon.... I am devastated. :'(

From 2013 to 2015 I went back and forth between Belgium and Canada because I had very serious health issues and was stuck in an hospital there and went through multiple surgeries. I was heavily medicated for a while, which is probably why I forgot to enter those dates in the online calculator.

Anyway, the immigration officer said I had to withdraw my application, or she will reject it. If I withdraw the application, I get a $100 refund out of $630, if she rejects it I get nothing. She told me to just reapply by sending the exact same file, with the current date. I asked her if I could be heard by a citizenship judge to justify my absences, she said I didn't stand a chance and should let it go.

My MP called the Ministry, but unfortunately it seems that she can't impact this kind of decision. Her secretary said I should appeal because my health issues are a valid argument, but do I really want to go there.. and what are my chances...

Is there people here who are/were in the same situation? If so, what was the outcome?

Thanks a lot in advance for your help!!

I Am very sorry to hear this situation. I hope you are better now. I think you should withdraw and apply again. Since the wait time for citizenship can be quite long .Secondly the option given to you by the immigration agent was right there or she gave you sometime to find a proof or documents. Since they should give you a chance to explain yourself. please explain further as in what exactly happened. when the immigration agent advised you of the missing trip did . he/she told you right there and then to withdraw the application or gave you time to go and find proof and explain yourself.

I wish the best for you. And mistakes happen so don`t be hard on yourself.

 

[sistemc]

Well, apparently you did applied with just 0.5 % buffer overhead (seven days). And you ended 0.5 % days short (again seven days). And you knew that you have multiple absences, missing stamps and missing travel info. IMHO you should be more proactive and applied with the larger buffer.

But do not worry - processing times are still two months between the application sent and the test date so this should not be big drawback.

 

[chardenne]

You have zero grounds to launch an appeal on health grounds. There are no Humanitarian and Compassionate grounds in the Citizenship Act. It's 1460 days straight up. Even 1 day under will get your application rejected. They used to have discretion before the law changed in 2015, but not anymore. The Officer is right. The best thing you can do is to withdraw your application and start again, and thank your lucky stars you didn't get written up for misrepresentation for 'forgetting' to declare the full extent of your absences from Canada on your application this time around.

Written up for what exactly? I didn't give them false information, when you sign it is at the best of your knowledge. Yes, I got too excited because I have been waiting to apply since I set foot here 6 years ago. My bad. But it wasn't my question here. Thanks but I don't need mean comments.

 

[chardenne]

Well, apparently you did applied with just 0.5 % buffer overhead (seven days). And you ended 0.5 % days short (again seven days). And you knew that you have multiple absences, missing stamps and missing travel info. IMHO you should be more proactive and applied with the larger buffer.

But do not worry - processing times are still two months between the application sent and the test date so this should not be big drawback.

I know, a 14 day buffer wasn't my best idea. I have been keeping track of all my absences since I moved here 6 years ago. I can't figure out how I could forget 14 days (well, I guess I know why...). There is no missing stamps, it is just the way they do things in Belgium. I didn't use my passports to keep track of my absences, the stamps are not always reliable. I am not worried about starting a new file, I am just so disappointed with myself :'(

 

[chardenne]

I Am very sorry to hear this situation. I hope you are better now. I think you should withdraw and apply again. Since the wait time for citizenship can be quite long .Secondly the option given to you by the immigration agent was right there or she gave you sometime to find a proof or documents. Since they should give you a chance to explain yourself. please explain further as in what exactly happened. when the immigration agent advised you of the missing trip did . he/she told you right there and then to withdraw the application or gave you time to go and find proof and explain yourself.

I wish the best for you. And mistakes happen so don`t be hard on yourself.

Thanks for your message. I know. Errare humanum est. :'( I will just withdraw the application this week...

 

[imran01]

its okey... leave your disappointment away..and start it all over again as soon as possible... before new law implemented and lot lot applicants queue up..

 

[bbssmm88]

Hi

Sorry for what has happened, hope your health is fine now. The legally valid path is to reapply. Anyway, now you have 6 months buffer zone and you have your docs ready...the officer was helpful and honest with you...go for it and do not waste time in a legal battle that you will definitely not win. Good luck.

 

[links18]

One example of how the strict physical presence test can be problematic. You will eventually get your citizenship (probably)--you just made a good faith mistake it seems. Now, you have to go through the rigamaroll all over again. Under the old law, officer could have used some discretion.

 

[Raga10]

its okey... leave your disappointment away..and start it all over again as soon as possible... before new law implemented and lot lot applicants queue up..

I agree re-apply again. Regarding the buffer, my husband applied just 1 one day after the his eligible date and he got it easy smooth as long as you don't miss any absent of the country. good luck!

 

[screech339]

One example of how the strict physical presence test can be problematic. You will eventually get your citizenship (probably)--you just made a good faith mistake it seems. Now, you have to go through the rigamaroll all over again. Under the old law, officer could have used some discretion.

Under the old law, it becomes subjective. A person with 1 day short could be denied citizenship over someone missing 2 weeks and gotten citizenship. How is that fair? It is not. On top of that, it ties up citizenship judge's time listening to why one should get citizenship despite not meeting the physical requirements.

While the new law appears "cold" and "strict" to others, it is a fair approach to everyone. Either you meet the requirement or you don't. You don't need a judge to determine whether you meet the requirement or not. It is simple math. No grey area to abuse.

 

[thecoolguysam]

I am sorry to know that.

I have told in the past in this forum to give enough buffer for 1 to 2 months before applying for citizenship.

Even if you are 100% sure about your entries/exits, still apply with big buffer as it will help and won't hurt.

 

[legalcitizen]

Hello world,

I know this topic has been addressed before but it never says how things ended, and I am worried because of my situation.

I applied for the citizenship last September, at 1467 days I think, and got invited to take the exam at the end of November, where I got 20 out of 20. After taking the exam I had an interview with an immigration officer, who said I forgot to report an absence. She couldn't tell for how long I was gone, as I went to Europe and they don't stamp my passport when I go back. She required more information. I went home and I searched my e-mails and couldn't find the flight tickets, so I finally called the airline, that confirmed that I was away for 14 days. Which means I applied 7 days too soon.... I am devastated. :'(

From 2013 to 2015 I went back and forth between Belgium and Canada because I had very serious health issues and was stuck in an hospital there and went through multiple surgeries. I was heavily medicated for a while, which is probably why I forgot to enter those dates in the online calculator.

Anyway, the immigration officer said I had to withdraw my application, or she will reject it. If I withdraw the application, I get a $100 refund out of $630, if she rejects it I get nothing. She told me to just reapply by sending the exact same file, with the current date. I asked her if I could be heard by a citizenship judge to justify my absences, she said I didn't stand a chance and should let it go.

My MP called the Ministry, but unfortunately it seems that she can't impact this kind of decision. Her secretary said I should appeal because my health issues are a valid argument, but do I really want to go there.. and what are my chances...

Is there people here who are/were in the same situation? If so, what was the outcome?

Thanks a lot in advance for your help!!

there days citizenship process is not taking too long. reapply asap.

 

[chardenne]

Thanks for the tips/advice/info everyone, I should definitely check this forum more often, I came across it too late. I will reapply ASAP, after withdrawing my first application, as suggested by my immigration officer.

It will work eventually!