Citizenship Question - Need Help

[pawabroka]

I am a a US citizen, as well as a PR in Canada. Came to CANADA in October 2008. In year 2012, was a full time student in the US; coming to Canada during short semester breaks. Meanwhile my spouse and child were in Canada fulltime. Applied for Citizenship in May 2013. Amongst other request, CIC has now requested that I submit a new residence calculator for period - 1/2009 to 1/2013. My questions are:

1. What happens to my residence time from oct 2008 to dec 2008, and why is it being excluded?
2. Is my time in the US for full time schooling considered absences, half time or can it be applied toward my residence. ( I continued to maintain a residence in Canada with my family while at School in the US, visiting every few months)
3. Based on my calculation from oct 2008 to Jan 2013, I had 1119 days in canada. If the time frame is moved to 1/2009 (as they are requesting), I would only have about 1034 days; 61 days short of the required time period.

I need help. ALL RESPONSES IS APPRECIATED!!!

 

[links18]

I am a a US citizen, as well as a PR in Canada. Came to CANADA in October 2008. In year 2012, was a full time student in the US; coming to Canada during short semester breaks. Meanwhile my spouse and child were in Canada fulltime. Applied for Citizenship in May 2013. Amongst other request, CIC has now requested that I submit a new residence calculator for period - 1/2009 to 1/2013. My questions are:

1. What happens to my residence time from oct 2008 to dec 2008, and why is it being excluded?
2. Is my time in the US for full time schooling considered absences, half time or can it be applied toward my residence. ( I continued to maintain a residence in Canada with my family while at School in the US, visiting every few months)
3. Based on my calculation from oct 2008 to Jan 2013, I had 1119 days in canada. If the time frame is moved to 1/2009 (as they are requesting), I would only have about 1034 days; 61 days short of the required time period.

I need help. ALL RESPONSES IS APPRECIATED!!!

You don't qualify for citizenship with less than 1095 days physical presence in the four year period immediately preceding your application, unless you want to take your chances with a citizenship judge and hope they apply a common-law residency test at your hearing, which could be years in the future. Time spent in the US studying doesn't count as physical presence, but could be treated with leniency if a judge applies common law residency test given you maintained residential ties to Canada while away. But that is a large IF.

If you applied again today, would you qualify (or at some point in the future before the new bill becomes law)? If so, you could withdraw your current application and apply again based on a different four year period. Although, your withdrawal might mean you get an RQ or other additional scrutiny.

Are you sure of your days out of the country? Have you gotten your border records?

 

[scylla]

1. To qualify to apply for citizenship, you need 3 years of residency in the last 4 years before applying. The 2008 period falls outside of these 4 years and consequently isn't being counted.
2. None of the days you spent in the US can be counted towards citizenship. The days you spent in Canada (during the four year period) while on break from studying in the US are counted.
3. You should withdraw your citizenship application as you did not have sufficient residency days when you applied. You should resubmit once you have 1095 days (3 years) in the last four years.

 

[pawabroka]

Thank you for your input