Missing stamp on entry to Canada resulted in a RQ

[baz]

Hi All

I was invited to the citizenship (which I passed), but at the interview, two things happened:

• I was challenged on a trip I did not declare. This came as a shock to me, the reason for non-declaration was due to CBSA not stamping my passport on entry to Canada at Pearson airport
• I was challenged on my unemployment for the first year whilst in Canada. I was trying (unsuccessfully) to start a business, hence the unemployment. The citizenship officer did not believe me that I was in Canada during that time.

The result is that I got an RQ. I answered the RQ in detail, and very diligently. But the fact remains that because of item 1 listed above, I am about two days below the required residency (it could even be four days below, I argued that even though I crossed the border after midnight, my plane landed in Canada before midnight).

What now? Will I be flat denied? It was an honest mistake, and if I the passport was stamped, I surely would have declared it. Moreover, it was only for three days, and it was 16 months prior to applying for citizenship.

I can't get any straight answer regarding the timeline or the probability of being rejected. Please can someone help and comment.

 

[CanV]

Not stamping your passport is not a reason for you not to list the trip. In fact, about half of the time officers don't even stamp passport of PRs. Your entry is still registered in the system. This is enough to issue you an RQ.

The second part is up to you to prove.

Not meeting residency requirements can be a reason for rejecting your application however what normally happens in your case is you will be referred to a judge, which will take some time, the judge will most likely grant you citizenship if you are short by few days but no one can say for certain.

 

[sirine1]

Be positive . If u are working and filing your taxes and you have enough evidence that u were working and residing here 3 or 4 days is not a big deal. I know someone was 10 days short and the result is positive . Don't listen to any negative suggestions and just wait . And also not everyone has less than 1095 will be referred to a judge . My advice not panic and wait . Few days is not alarming is everything else is great

Good luck !

 

[Msafiri]

Hi All

I was invited to the citizenship (which I passed), but at the interview, two things happened:

• I was challenged on a trip I did not declare. This came as a shock to me, the reason for non-declaration was due to CBSA not stamping my passport on entry to Canada at Pearson airport
• I was challenged on my unemployment for the first year whilst in Canada. I was trying (unsuccessfully) to start a business, hence the unemployment. The citizenship officer did not believe me that I was in Canada during that time.

The result is that I got an RQ. I answered the RQ in detail, and very diligently. But the fact remains that because of item 1 listed above, I am about two days below the required residency (it could even be four days below, I argued that even though I crossed the border after midnight, my plane landed in Canada before midnight).

What now? Will I be flat denied? It was an honest mistake, and if I the passport was stamped, I surely would have declared it. Moreover, it was only for three days, and it was 16 months prior to applying for citizenship.

I can't get any straight answer regarding the timeline or the probability of being rejected. Please can someone help and comment.

So are you:

1. In agreement with CIC on the 'not declared' entry? Did you get your CBSA record to see the entry date?

2. In agreement that your number of actual physical presence (APP) residency days is now below 1095? Why the confusion if this shortfall is 2 days or 4 days? Why a 2 day discrepancy - did you count part of a day spent in Canada as eligible for inclusion? You only include days in which you were in Canada at midnight so either the departure or more usually the return date not both days.

If its Yes to both 1 and 2 then read up on threads here on shortfall day applicants (<1095 days APP). In summary you are better off re-applying with full physical presence residency days if you now qualify as per the SCCA. The RQ route can be long winded - you typically see the Citizenship Judge (CJ), the CJ can chose any residence test so if he//she goes for the strict 1095 APP days you are done. Even you don't know your own days so how can the CJ even figure out the correct days? Even if CJ approves you CIC can and often appeal shortfall days. FC can agree with CIC appeal and that's you done. Its a personal decision on taking this risk that could take your processing time up to 60 months from application date (including the court process).

Good luck

 

[Msafiri]

Be positive . If u are working and filing your taxes and you have enough evidence that u were working and residing here 3 or 4 days is not a big deal. I know someone was 10 days short and the result is positive . Don't listen to any negative suggestions and just wait . And also not everyone has less than 1095 will be referred to a judge . My advice not panic and wait . Few days is not alarming is everything else is great

Good luck !

But this depends on:

1. The CJ giving you a pass on the shortfall by choosing a non strict 10950 days actual physical presence (APP) residence test.

2. CIC not appealing

3. CIC appealing and the FC siding with the CJ

Multiple risks because all 3 are based on luck - if you have a minimum of 1095 days APP then 1,2, 3 are moot and your oath is guaranteed.

 

[adzees]

Don't Panic. Complete the RQ with as much details as you can with complete honesty. Trust me, not every application go for CJ hearing. Every case is different.

Telling you from personal experience.

 

[MiriamT]

• Hi All
  
  I was invited to the citizenship (which I passed), but at the interview, two things happened:
  
  

  • I was challenged on a trip I did not declare. This came as a shock to me, the reason for non-declaration was due to CBSA not stamping my passport on entry to Canada at Pearson airport

  I don't understand what came as a shock to you. It came as a shock to you that they knew it even though you didn't declare the trip?
  
  

  • I was challenged on my unemployment for the first year whilst in Canada. I was trying (unsuccessfully) to start a business, hence the unemployment. The citizenship officer did not believe me that I was in Canada during that time.

The result is that I got an RQ. I answered the RQ in detail, and very diligently. But the fact remains that because of item 1 listed above, I am about two days below the required residency (it could even be four days below, I argued that even though I crossed the border after midnight, my plane landed in Canada before midnight).

What now? Will I be flat denied? It was an honest mistake, and if I the passport was stamped, I surely would have declared it. Moreover, it was only for three days, and it was 16 months prior to applying for citizenship.

I can't get any straight answer regarding the timeline or the probability of being rejected. Please can someone help and comment.

An honest mistake would've been in the case of forgetting about the trip altogether; hiding a trip isn't an honest mistake - it's misrepresentation.

PRs don't always have their passports stamped when entering Canada, I for example only have a couple of stamps while my actual entries are multiple times that amount. You still had to provide them with the required information.

 

[baz]

Hi All

Big thank you for replying. Let me answer some of the points, mostly from MiriamT

I don't understand what came as a shock to you. It came as a shock to you that they knew it even though you didn't declare the trip?

It came as a shock to me because I had no idea about the trip. I am not so stupid to send my citizenship application 4 days earlier and not declare this trip because I wanted to take a chance. No, the reason why I forgot about it was because it was one of several overseas trips I took during my residence in Canada. Not only was it for three days (and four nights), but it happened 19 months prior to me submitting the application. The instructions at the time specifically said to use your passport as your main source of information for declaring your trips, and this is what I did.

An honest mistake would've been in the case of forgetting about the trip altogether; hiding a trip isn't an honest mistake - it's misrepresentation.

What does that mean? Of course it was an honest mistake. Do you honestly think I would intentionally misrepresent myself so I could submit four days earlier! Again, it was for three days (4 nights) and it was 19 months prior to my citizenship application. It was also one of several international trips I took, all the others having stamps in my passport on entry to Canada. So yes, it was an absolute honest mistake. And I have gone to great detail in explaining this on my RQ. In fact, the trip was an interview for a tech company here in Canada, but the interview was at their HQ in USA.

Also, let me elaborate why I claim I was two days short instead of four days short. On two occasions, my airplane landed in Canada before midnight. However, I passed through CBSA after midnight. I have airplane tickets to to prove this.

The reason why I am a little angry is that I suspected that something like this could happen, and I wanted to get the CBSA reports before I submitted. Only, the form discourages this. It says in bold: "Do not request the CBSA reports, rather give us permission to do this on your behalf". This really sucks, this could all have been avoided if I got the records. And yes, in hindsight, it is very wise and prudent to give yourself an extra gap, its just that, if you are really busy, I never thought to read this forum (big mistake on my part).

I have a few things going for me however: I have a very good job and pay lots of taxes. Also, I have declared every other trip I did (there were lots) that I knew about (which was on my passport, and that I remembered driving to USA for).

adzees, thanks for the advice. I have a friend who is in the exact same position, and he also was forced to submit a RQ after the test. After nine months, they called him up for his oath, no CJ or anything like that. My hope is that they can see this is an honest mistake, and not intentional.

To everyone who answered, thank you so much for your responses. It is a lot of comfort for me during this tough time I am facing right now.

 

[sirine1]

Baz don't withdraw and just wait . CIC are nice and they will not reject u for 4 days . Just be patient and don't let negative suggestions affect u . Good luck

Sirine

 

[CanV]

They can bold, highlight, underline, and even use 24 size font all at the same time however much they want, it doesn't mean anything and it's none of their business what you request outside of the scope of their process. They can't even know that you requested your CBSA report and if somehow they find out and mention anything about it then both CIC and CBSA broke the law. This is just for the record for people who are intimidated by CIC bolding things that's none of their business to start with. And they are straight lying about the part where it will delay your application; it doesn't and it can't.

 

[ItkExpert]

For me there was a trip which I declared and for which I had stamps in my passport however there was no record of my entry to Canada which resulted in RQ. It has been two years since I submitted my RQ (post test) and still haven't received the oath. My RQ could have easily avoided had the CIC officer who interviewed me had noted on my file that there is a stamp in my passport in the date of the missing CBSA record. However she chose , from some ever reason (meeting RQ quota? had prejudice against me ? ) not to do so . She just said everything is fine and a week later , expecting the notice for oath , I received an RQ which as mentioned caused 2 years of delays of my lawful right to become a Canadian citizen.

 

[adzees]

I recieved my oath letter after 5 and half months of submitting RQ.

 

[ashirale]

I read a post on this forum where the applicant forgot a 1 or 2 day trip and was issued an RQ. The case went to a judge and the application was approved. But in the said case, the applicant was short of the residency requirement of 1095 days by a few days. Yours might go to a judge but is likely to be approved if mis-representation is not an issue.

 

[eileenf]

I have a few things going for me however: I have a very good job and pay lots of taxes. Also, I have declared every other trip I did (there were lots) that I knew about (which was on my passport, and that I remembered driving to USA for).

Stable employment is good evidence of residency. But paying a lot of taxes and making a lot of money doesn't buy you any extra consideration from a citizenship judge. You qualify for citizenship based on your time here, not your taxes here.

You made an error in calculating your residency days. And you signed the form swearing that your declarations and calculations were accurate. CIC will overlook up to 5 days of discrepancies as long as it doesn't bring the total below 1095 days. Unfortunately that doesn't help you, but your credibility will be higher if you acknowledge your error rather than blaming CBSA and CIC. Some applicants mistakenly prioritize consistency over honesty ("CBSA didn't stamp, so I can't declare it or I'll have trouble.") One should absolutely avoid doing this, or, in your case, looking like you're doing it (i.e. lying in a mistaken effort to make things go more smoothly). It backfires.

Frankly, I wouldn't waste time arguing that your plane landed at 11:58pm, as this hinges on a technicality that is beyond both of our legal expertise (are you in the country yet if you haven't been officially admitted to the country? Maybe not.) and doesn't get you above 1095 days. But if you do, I would urge you to find better evidence than a plane ticket. Saying "I'll prove it with my plane ticket" undermines your credibility as well since planes obviously don't always land on the minute they are scheduled to land.

Regarding how to go forward, you are depending on luck in getting to a CJ in a timely manner, having them choose the "Koo test" rather than the actual physical presence test, and no CIC appeal. That's a lot of luck. Anyone telling you that it's easy either doesn't understand or has been very lucky themselves.

Given the recent Citizenship Act, which defined residence as actual physical presence and not "a centralized mode of existence", CJs are increasingly hesitant to apply the Koo test. Your case can't be approved under actual physical presence. You need the Koo test.

So the question is how lucky you feel, how patient you are to wait for a CJ (perhaps years) and how high your tolerance is for uncertainty. If you withdrew your application ("my bad, made a calculation error") you might end up getting citizenship far sooner than pushing forward with your shortfall application.

No one can predict the future, but the odds for a shortfall application are far worse than the odds for an application with 1095+ days.

Good luck.

 

[CanV]

Forget the "when the plane actually landed" argument, it will get you no where.