Okay, let me see. I have read all of these and the links and trying to distract a strategy from this. Some of these I would not have even found myself btw. Since I can't apply in retrospect, maybe i can send a letter explaining the mix-up with the dates and the full time I have stayed in Canada so far which is over 1300 days physical presence, along with the situation which led to me leaving the country for a year. Someone suggested in this threat but I cant seem to find who. A CJ is humane at some point hopefully? They can hardly expect one to stay in Canada waiting for the court date (up to 21 months) while the husband has to attend to family issues abroad for a year. Today I'll call the CIC to ask them if they can say anything regarding the status of my application other than "pending".
Have to see a judge: 11 days short
- Thread starter Seemp
- Start date
If CIC thinks you're 11 days short - sending a letter saying you have 1300 won't be enough in my opinion. You're going to need to back up the 1300 day calculation with hard evidence (e.g. entry/exit records, credit card statements, etc. that prove what days you were in Canada). CIC won't take your word for it.Seemp said:
And just to be clear - it doesn't matter how many days you have lived in Canada so far. What matters is how many days you lived in Canada as of the date your citizenship application was received by CIC. These are the only days that will be counted. In other words, if you lived additional days in Canada after submitting your citizenship application, these days cannot be counted towards the 1095 total. You can only count the days from the four year period before your application was submitted.Seemp said:
screech339 said:
Thanks again everyone. Last question on this for me. When i calculate my residence i have enough days now counting back four years. The system sets me to apply in 2018 though since a RP does not allow you to be out of the country longer than 6 months. However I am with my husband and therefore mine does not expire. Can I send a new application now?
Thanks a million.
Seemp, I am sorry but your story confuses me.
For example, the word "landing" has a very specific meaning in the Canadian immigration context. It appears as if you use the phrase "landing date" when referring to your second entry into Canada (still as a visitor). Can you clarify?
Are you saying that despite the fact that you have an entry stamp in your passport from the first time you entered Canada in 2009, CIC is acting as if that never happened? Based on what is "in their system"? If she was looking at your CBSA's report, those are notorious for being incomplete. If you have the stamp, you have proof that's when you first came to Canada.
Can you please list the dates in question with a simple note re: what happened on each (without irrelevant stuff like credit scores, 2 seconds per question (really? LOL), etc.)
Let's make sure you are in fact 11 days short before we jump off the deep end. Don't assume CIC is right. In fact, assume the opposite.
For example, the word "landing" has a very specific meaning in the Canadian immigration context. It appears as if you use the phrase "landing date" when referring to your second entry into Canada (still as a visitor). Can you clarify?
Are you saying that despite the fact that you have an entry stamp in your passport from the first time you entered Canada in 2009, CIC is acting as if that never happened? Based on what is "in their system"? If she was looking at your CBSA's report, those are notorious for being incomplete. If you have the stamp, you have proof that's when you first came to Canada.
Can you please list the dates in question with a simple note re: what happened on each (without irrelevant stuff like credit scores, 2 seconds per question (really? LOL), etc.)
Let's make sure you are in fact 11 days short before we jump off the deep end. Don't assume CIC is right. In fact, assume the opposite.
Bambino, Thanks for offering your help and my apologies for not being clear. Here are my dates:
1 entry 07-June-2009 Moved on Tourist Visa to live with husband (Entry stamp in passport)
2nd entry 09-Oct-2009 Return from 6 day visit to the US with husband (New stamp & CIC Landing date)
PR 31-Mar-2011
Cit Appl 02-Aug-2013
Absence 41.5 days
After moving to Canada my husband applied for Sponsorship in October.We needed to wait for another doc from my home country which did not have the right format. CIC took 09-Oct-2009 as my Landing Date. On my test date CIC said they did not have a record June 7th 2009 but did not elaborate.
The CIT0002, the guide and the Residence Calculator ask for "The first day you came to Canada to live". I just used my passport and my RP
When calling CIC they referred me to the Guide and to fill it out accordingly along with All time spend in Canada before the RP counts for half. That threw me off.
1 entry 07-June-2009 Moved on Tourist Visa to live with husband (Entry stamp in passport)
2nd entry 09-Oct-2009 Return from 6 day visit to the US with husband (New stamp & CIC Landing date)
PR 31-Mar-2011
Cit Appl 02-Aug-2013
Absence 41.5 days
After moving to Canada my husband applied for Sponsorship in October.We needed to wait for another doc from my home country which did not have the right format. CIC took 09-Oct-2009 as my Landing Date. On my test date CIC said they did not have a record June 7th 2009 but did not elaborate.
The CIT0002, the guide and the Residence Calculator ask for "The first day you came to Canada to live". I just used my passport and my RP
When calling CIC they referred me to the Guide and to fill it out accordingly along with All time spend in Canada before the RP counts for half. That threw me off.Seemp, you did nothing wrong.
More importantly, you are not short.
I hesitate to call the person who interviewed you any unkind names, as she may not have had a choice but to give you the RQ because the stamp in your passport did not match whatever was on her computer screen. In fact I suspect she knew it was yet another case of an incomplete/deficient CBSA report and may very well have tried to plead your case with her superiors. A discrepancy relating to a major date such as the one on which you first came to Canada probably requires an automatic RQ. If you haven't noticed, the presumption these days is that all applicants are either cheats or terrorists, or both.
Just provide the documents they are asking for (by they way, is it a full-blown RQ Rorm CIT0171 or just CIT0520?). Perhaps address the issue of the missing CBSA entry in your covering letter and enclose copies of your itinerary and boarding passes if you flew into Canada. Hopefully that will satisfy the officer who will review your file.
If it goes to a Citizenship Judge hearing, simply explain that you first arrived in Canada in June 2009, and show your passport stamp and itinerary/boarding passes. That should be the end of it. The judge knows that CBSA reports aren't worth $#!%.
More importantly, you are not short.
I hesitate to call the person who interviewed you any unkind names, as she may not have had a choice but to give you the RQ because the stamp in your passport did not match whatever was on her computer screen. In fact I suspect she knew it was yet another case of an incomplete/deficient CBSA report and may very well have tried to plead your case with her superiors. A discrepancy relating to a major date such as the one on which you first came to Canada probably requires an automatic RQ. If you haven't noticed, the presumption these days is that all applicants are either cheats or terrorists, or both.
Just provide the documents they are asking for (by they way, is it a full-blown RQ Rorm CIT0171 or just CIT0520?). Perhaps address the issue of the missing CBSA entry in your covering letter and enclose copies of your itinerary and boarding passes if you flew into Canada. Hopefully that will satisfy the officer who will review your file.
If it goes to a Citizenship Judge hearing, simply explain that you first arrived in Canada in June 2009, and show your passport stamp and itinerary/boarding passes. That should be the end of it. The judge knows that CBSA reports aren't worth $#!%.
Thank you Bambino for your contribution. Glad to hear that there is a good chance the Judge will see the mistake, although I wouldn't put anything passed them really. Before I had my test I was send the RQ. It asked for the same information as the application and of copies from passports and other documents. Sounds like the full RQ. My passport pages with the right stamps were in there too. At the time I did not know what they were looking for. Shortly after I received the test invitation and there CIC told me I had to see a judge. I don't think there was a lot she could do, she did try.
Today I send them a letter with my return dates and explaining the situation with the dates. The boarding passes I dont have anymore but I do have the itinerary. Thanks again, I never knew the CBSA reports were a bit of a mess.
Today I send them a letter with my return dates and explaining the situation with the dates. The boarding passes I dont have anymore but I do have the itinerary. Thanks again, I never knew the CBSA reports were a bit of a mess.
Last question on this topic. In March I am returning to Canada. We picked a date to book return tickets but my husband now has to finish up a project which is taking a little longer. My husband thinks I can return on my own in March to arrange our apartment and such. I also informed Cic of this date and I don't want to tinker to much with that. I'm worried though about the fact that I will have to be always with my husband to maintain residency status. We have been abroad for 8 months.
Q: when being with my spouse every day is a Canadian Residency day when abroad CIC told me. Can I return earlier than my husband or is it not advisable?
Thank you!
Q: when being with my spouse every day is a Canadian Residency day when abroad CIC told me. Can I return earlier than my husband or is it not advisable?
Thank you!
You are wrong about the PR residency requirement when you say it only allows 6 months out of Canada. Those are rules that were changed in 2002. You are allowed up to 3 out of 5 years outside Canada without losing your PR and even if you spent longer, your PR is still protected if you stay with you husband.
Therefore, you are fine to return before he does.
Therefore, you are fine to return before he does.
"Accompanying your spouse" for the purposes of calculating days towards the PR residency obligation only relates to the days when you are outside Canada.Seemp said:
By returning to Canada before your husband you do not risk anything. You ARE in Canada, therefore each day here, regardless of where your husband is, counts as a day of physical residence.
Total non-issue, if I understand your question correctly
suppose the person maintains the residency requirement while living with canadian spouse outside canada. What if the PR returns back after 3-4 years before expiry of PR card without the canadian citizen spouse. How will he/she convince the CBSA officer that the PR was living with the canadian spouse outside canada? In terms of CBSA, CBSA will say that the person did not maintain residency requirement and they may not let the person enter canada.