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In the CBSA report, is there Canada Exit Time?

blueshirt

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Apr 28, 2014
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i have a question. if the CBSA record shows only entry then can the last entry lets say shows June 2011 so does it prove that the person never entered Canada after this date which means he is residing in Canada since june 2011. does this report make the matter simple for the CIC officer to calculate his exits. I am unable to put together this in words but if someone understood please reply me ASAP. Waiting!!!
 

meyakanor

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blueshirt said:
i have a question. if the CBSA record shows only entry then can the last entry lets say shows June 2011 so does it prove that the person never entered Canada after this date which means he is residing in Canada since june 2011. does this report make the matter simple for the CIC officer to calculate his exits. I am unable to put together this in words but if someone understood please reply me ASAP. Waiting!!
Unless the person somehow finds a way to enter the country undetected, what you said makes sense. Obviously if he has more than one, visa-exempt passports, and each with a different name, then depending on which passport the person uses, not all entries may be recorded.
 

blueshirt

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Meyakanor, got your explanation.

Just one clarification If our CBSA last entry shows some date lets say june 2010 and no entry after that will it be a straight case of 4 years stay in Canada. I don't think CBSA miss any entry stamps. so based on this last entry can we say it is a 100% proof that person did not exit Canada and re-entered without getting captured on the CBSA entry logs.
 

janoo

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Hi All in my opinion all the residency questionnaire matter to be resolve if

CBSA have exit record as well.. why not someone can provide simple suggestion to

cic and save millions of dollars and time for all ...
 

meyakanor

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blueshirt said:
Meyakanor, got your explanation.

Just one clarification If our CBSA last entry shows some date lets say june 2010 and no entry after that will it be a straight case of 4 years stay in Canada. I don't think CBSA miss any entry stamps. so based on this last entry can we say it is a 100% proof that person did not exit Canada and re-entered without getting captured on the CBSA entry logs.
Ya, that would be true if we assume that CIC never misses an entry, or if the person in question has no other means to enter Canada undetected. Let's say a person is a dual citizen of UK and Australia, both countries are visa-exempt, and he/she holds both passports, but under different names. And let's say that when the person became PR, he was only a citizen of, say, UK, and became an Australian years after becoming Canadian PR. I'm not sure how easy it is to accomplish, but let's also assume he changed his legal name, so his Australian passport would be under a different name than what's on the PR card.

He could enter the country, say, on June 2010 to land as a PR, and also with his British passport (he was "John Smith"), left the next day, became Australian 5 years later, then changed his name to "Joe Smith". If, say, he entered Canada on June 2015 without a fuss using his Australian passport (very possible since it's also a visa-exempt passport), then this entry won't be detected under "John Smith". It's off course a misrepresentation, and he can get into trouble if later on he was found out. If your country of citizenship does not allow dual citizenship (such as China, India or Japan), then you may say that having just one entry into the country should be enough to prove continuous physical presence within the last four years though. Not sure if this is also how CIC would see it...
 

blueshirt

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meyakanor thanks for a detail reply.
my question is for majority mass who come here to Canada to have a better living and have nothing to do with any misinterpretation but just get a random RQ. I just want to know if one has last entry in CBSA report does it technical prove the person did not leave after that.
 

blueshirt

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is it possible entry stamp to canada gets missing during entry? if not can the last entry in canada be a concrete proof one did not leave and re enter canada after that date. so can CBSA report be useful for such specific peoples
 

Msafiri

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CIC can't rely only on passport stamps as conclusive evidence of being in Canada. There are countries where for the price of a big mac meal the border officer will stamp whatever dates you want them to stamp or even not stamp. There are also PRs who have multiple citizenships under multiple names or even where not allowed dual nationality those who have different names under the same nationality. Add in the historical lack of stamping and record keeping (though not anymore) especially on the Canadian side for Canada/US land border crossings and you can have a fake residence period between 2 stamped dates which indicate incorrectly you were in Canada but in reality were hanging out in a 3rd country other tan the US or Canada.

Its obvious that CIC through the RQ triage are focusing on self employed/ unemployed applicants because whether in agreement or not its easier to fake residence than if you are employed full time at a job requiring your physical presence in Canada for most of the week with the employer as a bona fide organization that follows Federal and Provincial Labour laws including being properly registered, profitable and meeting their CRA obligations period!

I recall having a detailed discussion post OB407 in Q2 2012 on the merits of CIC beefing up its application form to front load the submission of residence evidence including the provision of NOAs and many screamed that I was being a Pro Conservative poster. The current form more or less does this front loading to include increased documentary requirements of 'education', 'unemployment' and 'employment'. The next logical step is for fingerprinting to be part of the PR (including PR Card renewal) and citizenship application process to cut out delays over suspect entries and criminality issues where PRs have similar bio data profiles.
 

blueshirt

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this is a very detailed and complicated response. lets say the person is genuine like you and me among us not into misinterpretation. my question again is can the last entry means person never exited after that knowing the fact canada airport never misses any arival stamp or entry in their database which they match again name and date of birth exact match. will it ease RQ processing
 

Msafiri

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blueshirt said:
this is a very detailed and complicated response. lets say the person is genuine like you and me among us not into misinterpretation. my question again is can the last entry means person never exited after that knowing the fact canada airport never misses any arival stamp or entry in their database which they match again name and date of birth exact match. will it ease RQ processing
Lets consider the scenario below:

1. I entered (landed) Canada on April 1, 2011 (stamped entry)

2. I traveled to Country A departing March 1, 2014 (and arriving the same date with stamped entry to make this easier to follow).

3. I exited Country A on April 1, 2014 (stamped exit)

4. I arrived in Canada on April 1, 2014 (stamped entry)

To simplify I think you are asking - "If I apply for Citizenship today June 17, 2014 can CIC accept my declaration that I meet the 1095 days with a buffer to account for my trip. This because I never left Canada between April 1, 2011 and March 1, 2014?"

It depends. In most cases CIC will accept your declared residence dates based on your travel. However if you are unemployed/ self employed or any other activity that has potential to fake residence (despite being genuine) with filed taxes showing nil income or such a low income (less than welfare levels) for most or all of the 1095 days that makes it difficult to understand how you survived then CIC will more likely dig into your file!

CIC will review declared dates taking into account your other profile. Consider the residence review as an unofficial matrix - you get 2 points for stamps, 2 points for employment, 2 for genuine NOAs etc. There is a 'total' sum that CIC is happy with (nobody knows what it is), there is one they are unhappy with and there is a borderline. Translate this to No RQ, RQ with recommendation to deny, RQ that will get you a pass on the CJ/ RQ that will see you meet the CJ.
 

meyakanor

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Msafiri, I think blueshirt was asking, what if he only had one entry between the day of landing and right now. Let's assume further that his country of citizenship prohibits dual citizenship, not-visa exempt to the US and Canada, and that he doesn't have a US visa.

Shouldn't the fact that he only had a single Canadian entry recorded since the day of landing, and the fact that he is currently in Canada mean that his physical presence has been continuous since the day of landing (sans teleportation or dual citizenship with a different name, but we can rule out the latter since his country of citizenship does not permit dual citizenship)?

If CIC last recorded his entry back in April 1 2011, and if he is still currently in the country, why shouldn't that be a conclusive proof that he has maintained continuous physical presence since then (again, assuming no dual citizenship)?
 

Msafiri

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On balance yes he has continuous presence but if the other 'residence matrix' conditions are not met which are not 100% known but can be deduced from the RQ triage then CIC could RQ him which is the crux of his question (I want to avoid RQ is the one entry good enough)...I'm saying it may not be enough. Unless he tells us his employment profile then in my opinion its not clear cut. The days of an honor system are gone.
 

Msafiri

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flamingteeth said:
I am cool with the US - Canada flight, but only the Asia-Canada flight has some concerns...
What concern - the departure date is the date your flight leaves Canada based on the timezone you are in from the departure airport. Its not your arrival date some other place...if this ever went to appeal/ revocation the courts would not entertain you rational but misrepresentation would be added to the decision as minimum and you could be charged...officer my friend was also speeding never cuts it!
 

kumbu.bumbu

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1. The citizenship application we are sending only biographical and renewal pages of passports, so they wouldn't be checking stamps unless there is a question of RQ. There should be other means they check it.

2. application instructions says do not request for CBSA records. Also intructions says only entries.
Question 9D

Check Yes box to authorize the Canada Border Services Agency (CBSA) to provide your “history of entries to Canada” to Citizenship and Immigration Canada (CIC). By selecting Yes you are also authorising CIC to collect the history of your “entries into Canada” from the CBSA and to use the information provided by the CBSA in order to determine your citizenship eligibility.

If you choose No, you may be asked to provide additional documents later in the process which could delay the processing of your application. Please do not contact the CBSA to request your “history of entries”.

3. Basic Residence is Physical presence in Canada. So traveling time even though you were not present in destination country you are not present in Canada. If any false information is suspected it would or may bring an RQ. With RQ it would be impossible to convince exit time is stamping time.
 

blueshirt

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Thanks Masafiri and Meyakanor I got clarity on CBSA now after this discussion. So entry stamps do carry value otherwise CIC wont be requesting CBSA reports just for nothing. They have tool and methods to check other criteria of falsifying.

My next question to all of us is:
if someone is self employed for lets say 1090 days and last 5 days he got a full time job with reputed company does it mean his journey to citizenship will become at ease with less chance of RQ. Its like you are fighting in a ring and getting punched from your opponent and last 2 minutes of the match is crucial and somehow you get God power or will power to fight back and you win the match. Will CIC consider your current situation as reason for your stability and ties to Canada.