I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS…..anyone in the same boat? results?

[amazing21]

Hi,

I applied for my citizenship in JAN/2013. I have already submitted RQ early this year and already passed the citizenship test this year as well in may. After the test I had that interview with the immigration officer and she said everything was ok with my application and she asked me why I didn't have the 1095 physical days…I explained that due to illness I had to do a treatment overseas and that's why I lacked the days, but if I had not included those 'absent days' I would have met the required days ( 1095 physical days). She explained for details about my illness and I told her..she understood and said ' Oh I understand - Im sorry ' . Then I asked her : Do you think I will need to see a citizenship judge for a hearing ? she said ' I don't think so . you have it all explained here . But it will all depends on who reads and reviews your file ( RQ).". BUT she continued ' I don't believe you will need to see a judge'.

I was a little surprised as I thought that 'she' was the one who would make that decision, wether I was supposed to see the judge or not ! Since I heard some other officials telling other people that they needed to see the judge ! Anyways, I asked her, when do I get my letter ? She said " After your file is reviewed , if things are ok, you will get a letter , generally between 2- 4 months for oath'……….

BUT, its now OCTOBER /2014 and I CALLED them and they said it's still under review !!!!! i dont know why its taking so long.

Does anyone have a similar situation ?

Did anyone ever hear or face a situation of illness of someone who got citizenship approved with less than 1095 physical days ?

I hope they really won't call me for a hearing with a judge..I just want the letter for oath.

Thank you !

Please comment if you know anything about it. :

 

[Msafiri]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

1. Sorry about your illness. CIC take into account mostly the Citizenship Act, Operational policy, FC case law and to a lesser extent your personal circumstances when reviewing an application that deviates from 1095 days of actual physical presence (APP). Usually there has to be a compelling reason for a shortfall in 1095 APP days.

2. What is your actual physical presence day count? Is your claimed presence provable? Why did you not have the treatment in Canada? These will be raised in considering the application. CIC recommend to CJ refusal. Under new regs in Aug 2014 CIC direct approve no need for CJ referral unless the application requires mandatory referral e.g. IIRC less than 900 days of physical presence.

3. Processing speed is determined too by your Local Office.

4. Type ATIP in the forum search function - use the process described to request for your GCMS notes they may reveal what the hold up could be such as expired background checks in addition to being in the RQ inventory.

 

[amazing21]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

Hi,

Regarding your questions in number 2 :

2 - I applied with 1011 physical days. I actually started doing treatment here but it wasn't working for many reasons. At the time the first available specialist could only see me in about 2 months time after the accident , plus i had to pay private sessions of treatment (rehabilitation) which I couldn't afford and i wasn't able to move part of my body . I live by myself and have no family here. it was difficult, almost impossible, not to mention the pain.
Yes my claimed presence is provable. I applied with 1011 physical days.

I sent along with my application a letter explaining everything in details with all medical reports , from canada and from overseas.


So you are saying that unless someone is 900 physical days short a hearing with a judge won't be required?

That only means that they will either send me a letter saying ' YES TO OATH' or ' NO TO APPLICATION' AND REJECT?

I will check what you explained in number 4.

Thank you for your comments !!!!

 

[Msafiri]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

1. All applicants without 1095 days APP have to be referred to the CJ.

2. All applicants below 900 days APP must have an oral hearing with the CJ.

3. As harsh as it sounds CIC/CJ/FC will review your medical situation vis a vis whether treatment was available in Canada and why it was not continued in Canada. You may want to get a letter from the medical team treating you explaining why this treatment was not completed in Canada and what if any progress was made.

4. Do you now live in Canada? If you were to re-apply today do you have 1095 days APP?

5. What is your Local Office? Based on city you reside in at application date and throughout processing in e.g. Toronto has Scarborough, Mississauga etc

 

[amazing21]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

hi,

I live in canada but dont have the time if i were to apply now !!!!! its too bad !!!!!!

its scarborough office. My test was in may of this year.

I think the idea of getting a letter from the medical doctor is a good idea. From overseas i have soooo many letters because i saw different doctors, I will try to get the letter from my main family doctor from canada to write that to me. He's the first doctor who gave me the first letter saying I needed ' urgent' treatment.

But I heard that CIC dont like us to submit things they didn't ask for . Should I send this letter anyway ( if the doctor writes to me one)?

Also I tried to search for the thing you said in number 4 i didn't understand. ( about GCMS notes ) . What do you mean?

thank you.

 

[Exports]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

Hi, was curious to know what happened about your CJ HEARING?
I applied with 177 days less and passed the test ( MISSISAUGA OFFICE) and am scheduled for CJ hearing. Seeing the posts and recommendations to withdraw and no hope; I am confused whether to withdraw and continue. I am having export related business due to which I travelled overseas having shortfall of days. Also I was RQed, two times fingerprint and submitted translated copies of the passport earlier.
What happened to your case and how many days it took for CJ hearing from the time of test?
Appreciated if you could share your experience.

Regards,

 

[polara69]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

It has gone up to 1460 now..anyone applying short of that is, in my opinion, crazy.
https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do

 

[bestfriendever]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

My story is: My office was St Clair... I thought I had met my residency obligation, but apparently CIC re-calculated my days and I was short 7 days.

How do I know that? After several letters to my MP.

I got RQed after my test, back in Feb 2011. Submitted all my documents.

4 years later, I was granted a hearing date with the Judge. He was very pleasant, but told me that I should have waited longer to apply. A month later he refused my application.

I re-applied again, got RQed again and 7 months later, I became citizen.

My humble advice? Always have a buffer of days, or even weeks before applying.

Thanks.

 

[Slovan]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

bestfriendever, did you request your file to see where the miscalculation was? As much as I do not like CIC, if you agree with their calculation, it was your error. I applied with zero extra days and they did not deduct anything, so following the rules is the key.

 

[janoo]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

Hi 7 days short is not an issue just wait the officer will consider positively... and finish

with pink letter in your hand.....

 

[torontosm]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

Hi 7 days short is not an issue just wait the officer will consider positively... and finish

with pink letter in your hand.....

If you read the message, it apparently was an issue and the application was denied.

 

[polara69]

Re: I APPLIED WITH LESS THAN 1095 PHYSICAL DAYS.....anyone in the same boat? results?

Hi 7 days short is not an issue just wait the officer will consider positively... and finish

with pink letter in your hand.....

What a comment to make.. Short is SHORT and should not be tolerated. It is a slap in the face to all those waiting legitimately. Good for the judge to refuse.