NEED HELP: Citizenship Application Declined

[ZingyDNA]

I would agree with you: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/overview.html

Under the Immigration and Refugee Protection Act and Regulations, temporary residents include visitors, students, workers and temporary resident permit holders.

I think the OP's issue is they (IRCC) can't verify the visitor days for some reason, not that those day won't count even if verified.

Hi



1, Wrong, Visitor status is Temporary Residence Status, as long as it is in the 5 year period and you can document it, then it will be counted.

 

[marido]

Hi everyone
OP here!

First, I would like to thank you all for your answers to my question. I talked to an immigration lawyer today (one of the best in profession, for which I had to wait until today). It was an interesting conversation, but before that, let me get some facts straight:
1) Physical presence as a visitor before landing DOES count for the purpose of citizenship as long as it is within the five years window. There is no difference between a visitor and a student for that matter. The CIC website is pretty clear about it.
2) I was issued a tourist visa at the time when I came to Canada, which I used until I landed. I sent them a copy of this document in my application (although I am pretty sure they should have it in their files as well).
3) I am not issued a file number. This means that I can still get a refund for the application fee if I choose to.

Now, the lawyer was as confused as most of us when she read the letter. She checked if I qualify for citizenship by verifying my documents (the same documents that were returned to me by CIC) and counting the number of pre- and post-PR days. Her conclusion was that it is most likely a mistake on the CIC's behalf. The likely scenario is that in his initial assessment, the officer did not pay enough attention when counting the number of pre-PR days, but was kind enough to send my application back to me without starting the process to save me the application fee.

She also did not recommend taking the case to the court, as it is a lengthy and expensive process. Her suggestion was to follow up on the matter with my MP and re-send the application with a cover letter.

I'll keep you guys posted. Thanks again.

 

[farhanlatifarhan]

Hi everyone
OP here!

First, I would like to thank you all for your answers to my question. I talked to an immigration lawyer today (one of the best in profession, for which I had to wait until today). It was an interesting conversation, but before that, let me get some facts straight:
1) Physical presence as a visitor before landing DOES count for the purpose of citizenship as long as it is within the five years window. There is no difference between a visitor and a student for that matter. The CIC website is pretty clear about it.
2) I was issued a tourist visa at the time when I came to Canada, which I used until I landed. I sent them a copy of this document in my application (although I am pretty sure they should have it in their files as well).
3) I am not issued a file number. This means that I can still get a refund for the application fee if I choose to.

Now, the lawyer was as confused as most of us when she read the letter. She checked if I qualify for citizenship by verifying my documents (the same documents that were returned to me by CIC) and counting the number of pre- and post-PR days. Her conclusion was that it is most likely a mistake on the CIC's behalf. The likely scenario is that in his initial assessment, the officer did not pay enough attention when counting the number of pre-PR days, but was kind enough to send my application back to me without starting the process to save me the application fee.

She also did not recommend taking the case to the court, as it is a lengthy and expensive process. Her suggestion was to follow up on the matter with my MP and re-send the application with a cover letter.

I'll keep you guys posted. Thanks again.

Any update on your case? Did you re-apply ?

 

[Nikk]

Hi
My situation is kind of similar. I have applied For citizenship. My app was received on Jan 8, 2018. I came as a visitor on a one entry visitor’s visa. Long story sort, I was out of status after my visa expired 6 weeks after I arrived. I applied for Pr March 2014. I received work permit August 2015 and landed November 2015. My application for citizenship was accepted even though I was not legally present for 1095 days but I was on Canadian soul for from May 2013 until I applied Jan 8, 2018. Since pr I have travelled outside the country with a total absence of 41 days. My app went into process feb 20 2018 and I got a test invite nov2 2018 ( exactly 3 years on my landed date). By this time I was legally physically present for the 1095 days. My test was nov21, 2018. I applied for my gcms notes every month or two since I applied. On the application- the physical prende calculator where it had my status and the amount of days beside it, IRCC WROTE. ‘ non verifiable) I am worried because I think they will refer me to citizenship judge or deny app which if they do I will just reaaply. Any thoughts on why my app went this far ?

Oh btw I called them 2days ago and they said they are verifying my physical presence.

 

[frange]

Hi
My situation is kind of similar. I have applied For citizenship. My app was received on Jan 8, 2018. I came as a visitor on a one entry visitor’s visa. Long story sort, I was out of status after my visa expired 6 weeks after I arrived. I applied for Pr March 2014. I received work permit August 2015 and landed November 2015. My application for citizenship was accepted even though I was not legally present for 1095 days but I was on Canadian soul for from May 2013 until I applied Jan 8, 2018. Since pr I have travelled outside the country with a total absence of 41 days. My app went into process feb 20 2018 and I got a test invite nov2 2018 ( exactly 3 years on my landed date). By this time I was legally physically present for the 1095 days. My test was nov21, 2018. I applied for my gcms notes every month or two since I applied. On the application- the physical prende calculator where it had my status and the amount of days beside it, IRCC WROTE. ‘ non verifiable) I am worried because I think they will refer me to citizenship judge or deny app which if they do I will just reaaply. Any thoughts on why my app went this far ?

Oh btw I called them 2days ago and they said they are verifying my physical presence.

Sorry I am not that kind negative; but your file will be rejected due to lack of presence day on canadian soil. Above the lawful presence, all those days accumulated will be void since they won't be able to verify them. IRCC do not count unlawful days presence. You will spend your time just to get a rejection from the Judge. Since you already know that, you best bet is to withdraw you application without object; then reapply based on your landing date. So that, you won't lose your time since your money is already lost.

A friend of mine was in the same situation, around 200 days were void due to non verifiable days (unlawful presence). At the interview, the Immigration Officer (IO) offered him to withdraw his application without object, then reapply quickly OR refered it to a immigration judge which could take an eternity to make a decision. Since he already knew the result( rejection), he did withdraw it and reapplied 48hours later. Now he is a canadian citizen.

Just thank about it.

 

[Nikk]

Sorry I am not that kind negative; but your file will be rejected due to lack of presence day on canadian soil. Above the lawful presence, all those days accumulated will be void since they won't be able to verify them. IRCC do not count unlawful days presence. You will spend your time just to get a rejection from the Judge. Since you already know that, you best bet is to withdraw you application without object; then reapply based on your landing date. So that, you won't lose your time since your money is already lost.

A friend of mine was in the same situation, around 200 days were void due to non verifiable days (unlawful presence). At the interview, the Immigration Officer (IO) offered him to withdraw his application without object, then reapply quickly OR refered it to a immigration judge which could take an eternity to make a decision. Since he already knew the result( rejection), he did withdraw it and reapplied 48hours later. Now he is a canadian citizen.

Just thank about it.

Thanks for your reply. I will wait to get their instructions. For sure, I won’t opt to take the judge’s option. I will reapply. Funny enough tho, at my interview nothing about my physical presence were ever mention even though I could see the big red ‘ non verifiable beside the days I spent as a ‘visitor’. The IO verified my travels in and out, asked where I worked, ask about my marital status and if I had kids and lastly if I had problems with the police then he said ‘ that’s it, you are done.’ Lmao and in my mind am like ‘ wtf’. I am anticipating the rejection so I called and they told me my file is still in process and if they want anything they will let me know. I think they are verifying the physical presence.

 

[frange]

Thanks for your reply. I will wait to get their instructions. For sure, I won’t opt to take the judge’s option. I will reapply. Funny enough tho, at my interview nothing about my physical presence were ever mention even though I could see the big red ‘ non verifiable beside the days I spent as a ‘visitor’. The IO verified my travels in and out, asked where I worked, ask about my marital status and if I had kids and lastly if I had problems with the police then he said ‘ that’s it, you are done.’ Lmao and in my mind am like ‘ wtf’. I am anticipating the rejection so I called and they told me my file is still in process and if they want anything they will let me know. I think they are verifying the physical presence.

Just wait and see what they gonna tell you. Your file will be on non routine that means no delay, no expecting date, it can take months or years. The rule is 1095 days or more, if you are below, any judge will approve your case. Even he does, they gonna make an appeal of that decision, it will be rejected though...

Good luck, hope I'm wrong in my thoughts.

 

[Nikk]

I don’t think your reply was clear. I only get the ‘ it will be rejected just wait and see’ that I already know.

 

[frange]

I don’t think your reply was clear. I only get the ‘ it will be rejected just wait and see’ that I already know.

From my experience, nobody's application is approved with less than 1095 days. Any IO or Judge won't take into account your unlawful presence since it's against the law except for humanitarian reasons. As I can see, you can't justify your unlawful presence for humanitarian reasons.

Any lawyer or attorney won't be able to help in this case if you decide to hire one.

Sorry, but you're waisting your time since your file is became non routine. Any deadline is applied, it can be days, months or years.
Unfortunately the IO who interviewed you didn't have a complete file which could allow him to make a final decision regarding your case. This would help you avoid waisting your time.

It's up to you to decide whether if you want to wait until a decision is made or anticipating a rejection by withdrawing your application then reapply right after.
In my opinion, by the time you waiting for the judge's decision, your new application would-could be in process.
Good luck

 

[Nikk]

How do you know the application is non routine ? How do you know the IO didn’t have a complete file in front of him? I noticed you said based on experience, what is your experience or do you mean second hand knowledge? Did I once said I was planning to get an attorney or lawyer? Where in my post was I ever optimistic or depended on luck? Anyways, you have replied to my post but you have not answered my question. Why did IRCC ALLOWED MY APPLICATION TO GET THIS FAR KNOWING I DID KNOW MEET THE REQUIREMENT FOR PHYSICAL PRESENCE JUST LIKE THE PERSON WHO STARYED THIS THREAD.

 

[itsmyid]

How do you know the application is non routine ? How do you know the IO didn’t have a complete file in front of him? I noticed you said based on experience, what is your experience or do you mean second hand knowledge? Did I once said I was planning to get an attorney or lawyer? Where in my post was I ever optimistic or depended on luck? Anyways, you have replied to my post but you have not answered my question. Why did IRCC ALLOWED MY APPLICATION TO GET THIS FAR KNOWING I DID KNOW MEET THE REQUIREMENT FOR PHYSICAL PRESENCE JUST LIKE THE PERSON WHO STARYED THIS THREAD.

They let your app get this far because verifying it is one of the last steps. Some offices do that before tests , some do that after. For most part of your waiting since submission, your app was most likely just sitting somewhere. Based on experiences shared by people here, when they receive your application they’d only check the attached residency calculator worksheet to see if you have claimed enough days, but for the last step they’d actually have to verify whether what you claimed were true

 

[frange]

How do you know the application is non routine ? How do you know the IO didn’t have a complete file in front of him? I noticed you said based on experience, what is your experience or do you mean second hand knowledge? Did I once said I was planning to get an attorney or lawyer? Where in my post was I ever optimistic or depended on luck? Anyways, you have replied to my post but you have not answered my question. Why did IRCC ALLOWED MY APPLICATION TO GET THIS FAR KNOWING I DID KNOW MEET THE REQUIREMENT FOR PHYSICAL PRESENCE JUST LIKE THE PERSON WHO STARYED THIS THREAD.

Sorry I was too far in my thoughts.. All I said was essentially my thoughts about your case and options. I talked about lawyers since everyone thinks about hiring them when there's a problem somewhere.

Any change, doubts, verification, failing to provide documents on time can lead to non routine application either a finger print request as well as RQ....
Check it google.

Good luck is a formal closing way of a conversation in Canada.

Based on my friend's case and experience which is similar to yours. Legally entered in Canada , overstayed for around half a year then became PR.
The only difference is the final review since you had yours after the interview and him before. That's why he had the chance to talk to the IO who offered him the fastest way out.
Now you're waiting for your final review. Don't forget to give us feedback once it's completed.

If I said something wrong, I apologize, but all I said was forumer's or friends experience .

 

[Nikk]

They let your app get this far because verifying it is one of the last steps. Some offices do that before tests , some do that after. For most part of your waiting since submission, your app was most likely just sitting somewhere. Based on experiences shared by people here, when they receive your application they’d only check the attached residency calculator worksheet to see if you have claimed enough days, but for the last step they’d actually have to verify whether what you claimed were true

Yes! You are absolutely right. I called and that’s what they said they are doing.

 

[Nikk]

Sorry I was too far in my thoughts.. All I said was essentially my thoughts about your case and options. I talked about lawyers since everyone thinks about hiring them when there's a problem somewhere.
Now this tone I appreciate. Most, definitely I will give an update though we a

Any change, doubts, verification, failing to provide documents on time can lead to non routine application either a finger print request as well as RQ....
Check it google.

Good luck is a formal closing way of a conversation in Canada.

Based on my friend's case and experience which is similar to yours. Legally entered in Canada , overstayed for around half a year then became PR.
The only difference is the final review since you had yours after the interview and him before. That's why he had the chance to talk to the IO who offered him the fastest way out.
Now you're waiting for your final review. Don't forget to give us feedback once it's completed.

If I said something wrong, I apologize, but all I said was forumer's or friends experience .

 

[Nikk]

I can appreciate this post. I will give an update tomorrow, though we already know the anticipated outcome. it’s just a matter of when will it happen.