Hi all.. my question is about the exit day from Canada .. did they consider it the moment of reaching the plane .. or it s the moment that we pass the territorial sea ..cze my # of day to be elligible to pass the ceremony of citizenship is 1095 day if i put dates appearing on my passport (which the date putting by the country of final destination )... thank u for your help !
Exact moment of exit day
- Thread starter Quebmon
- Start date
Wait for 2-3 weeks more buddy. If you miss the Physical presence day even for one day, they will return your application and you have to resend the application which may delay your application for another 3-4 months. Just wait for 2-3 weeks and apply. Only a suggestion. Al the Best
The date to calculate presence ur exit stamp date on passport from canada which you do not get so secondary evidence is the flight date. Nothing to do with destination country or sea
NO.
No mostly because (other than the absence of formal stipulations between the countries) in many, many instances the actual fact is that entry into other countries is often NOT the same date as the date the traveler left Canada. In contrast, with only rare exceptions, for the millions of border crossings into the U.S. every year the traveler does in FACT enter the U.S. the same calendar date the traveler left Canada. It warrants remembering, as well, that this shared information from the U.S. is used to cross-check the applicant's information. That is, it is compared to what the applicant reports. As long as it is consistent with what the applicant reports, all is good (relative to this particular information). If it is inconsistent with what the applicant reports, the question is whether the inconsistency is one inviting questions about the applicant's presence calculation, and if so (if it suggests more than a minor error or indicates an error that suggests a possible short fall) that could lead to the RQ process.
When a traveler boards a red eye flight, for example, the NEXT calendar date AFTER the actual date the traveler left Canada is the SOONEST the traveler can in fact enter another country. When a traveler boards a trans-Pacific flight, it is often TWO days later, on the calendar, when the traveler arrives in Asia.
REMINDER: passport stamps showing the entry date into a country other than Canada do not actually establish anything other than the individual was OUTSIDE Canada on that date (which is obvious since the stamp shows the individual was in that other country that day). This is especially so these days when passports are often NOT stamped, so it can be many days (or longer) between an exit from Canada and the date there is a stamp entered into the passport.
Date of entry and exit are generally about passing a legal, procedural threshold (when, so to say, customs is cleared), NOT about geographical location. However, obviously a person can exit Canada by going outside the territorial boundaries apart from passing a legal, procedural threshold. In contrast, an individual does not "enter" Canada legally unless and until an application for entry is made (by presenting oneself to border control upon arrival at a PoE) and permission to enter is granted (such as being waived through).
Nonetheless, for those leaving by way of an international flight, the date of exit is about boarding a departing flight, and the calendar date at the time the flight departs (which is ordinarily identified as the time it departs the gate) is probably the best way to identify the date of exit.
Beyond the most common causes for problems, which are largely rooted in failing to follow the instructions or making more than incidental minor mistakes, relying on passport stamps for dates of travel history is perhaps one of the most common mistakes made. Which for most applicants is NO big deal because they applied with enough margin over the minimum to cover any such error AND enough to make the decision-makers comfortable concluding the presence requirement was met.
If in contrast the applicant applied with a minimal or virtually no margin, obviously discrepancies between the applicant's reported dates and the actual dates of exit can invite further inquiry, potentially leading to non-routine processing and delays, OR even jeopardize the application if the discrepancy shows it is POSSIBLE the applicant fell short of 1095 days actual presence.
Remember, to deny the application IRCC does NOT need to show, let alone prove, the applicant is short. If IRCC has reason to conclude it is POSSIBLE the applicant was short, the applicant gets an opportunity to submit additional evidence (in the RQ process) to prove he or she met the presence requirement. If IRCC is not satisfied the applicant has met the burden of proving at least 1095 days of actual physical presence, the case is referred to a Citizenship Judge. The CJ then determines if the applicant has met the burden of proof. Here too, to deny approval for citizenship the CJ does not need to conclude the applicant fell short (let alone prove the applicant fell short). If the CJ determines there is still a POSSIBILITY the applicant fell short, and the applicant's submissions do not sufficiently PROVE beyond a balance of probabilities that the requirement was met, that is enough for the CJ to DENY the applicant. (Also note that while denied applicants can apply for leave to obtain judicial review, there is NO RIGHT to APPEAL.)
Note for example that travelers sitting in an airport who have not yet been processed for entry have NOT yet entered Canada, even if they have been, geographically, within the territorial boundaries of Canada for quite some time. They do not "enter" Canada until the PoE officer officially allows entry. No matter how long they have been within the territorial boundaries of Canada. So if the plane arrives before midnight, but passengers do not get processed until after midnight, the date of entry is the date after midnight.
Travelers who have boarded an international flight which departs the gate, but ends up delayed and sitting on the tarmac for hours, have already exited Canada. And for sure, travelers who board a red-eye or trans-Pacific flight obviously exited Canada at least the day BEFORE the date which is stamped as entering another country.
Such technicalities will RARELY be addressed, considered, or much if at all relevant.
If the question about meeting the ABSOLUTE MINIMUM threshold of 1095 comes down to precisely this or that day, it is far more likely that other factors will determine how IRCC proceeds.
REMEMBER, IRCC uses the applicant's calculation, relies on the applicant's calculation, UNLESS and UNTIL there is reason to question the accuracy of the applicant's calculation.
It warrants much emphasis that IRCC does NOT have a CRYSTAL BALL. They can only make decisions based on the evidence. The applicant has the burden of proof. So what matters is what is PROVED. And this looms particularly large when it is an especially close call case. Thus, as others also emphasize: having a margin of at least a week or two (I ordinarily suggest significantly more) before applying is VERY IMPORTANT.
Which is to say that it is UNUSUAL for the 1095 day calculation to come down to whether certain very specific days count.
For example, when an applicant applies with a comfortable margin of days physically present, IRCC is NOT going to get tangled in questions about whether the applicant actually left Canada before midnight on a certain trip or whether it was after midnight. A day this or that way does not matter.
If counting this or that particular day matters, and could make the difference, the applicant best have gotten it precisely correct. One day short makes the applicant NOT eligible. The POSSIBILITY of being one day short puts the applicant at substantial risk for at least non-routine processing and lengthy delays, with a significant risk the application will be denied.
Otherwise, sure, sometimes the calculation does come down to very specific days. NOT OFTEN. When it does . . . the Entry date is more easily defined because it is the calendar date at the moment a border official allows entry.
The exit date is not necessarily so clearly defined since Canada does not ordinarily subject outbound travelers to exit controls (if it does, the calendar date as of the time the exit control is passed would be the date of exit). For those flying, the date it is at the time the flight departs the GATE is probably the latest point in time for defining the date of departure.
BUT REMEMBER THE DATE OF EXIT IS A MATTER OF FACT, and thus is A QUESTION OF FACT TO BE DETERMINED BY THE EVIDENCE, AS THE EVIDENCE IS JUDGED BY THE DECISION-MAKER (Citizenship Officer first, then a CJ if the Citizenship Officer is not satisfied the requirement was met). It is not something which is carved in stone and known to be true. It is what the decision-maker concludes based on the decision-maker's evaluation of the relevant evidence.
AND even at that, dates of exit and dates of entry are themselves merely evidence relevant to the more material QUESTION OF FACT: the number of days the applicant was actually, physically present in Canada.
It is a mistake to approach the calculation of physical presence as if the dates of entry and dates of exit are carved in stone, especially as to dates of exit (the CBSA travel history will ordinarily adequately verify dates of entry so that there is little question about those dates).
The vast majority of applicants have no problems related to these questions, especially among those who applied with at least some margin over the minimum.