+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Physical presence mistake

user321

Full Member
Nov 11, 2022
34
16
I sent in my application in March 2022 and have just received an invitation to take the citizenship test.

However, I have realized I made an error in my physical presence calculation that will put me a little under 1095 days as of March 2022. I don't know if this will be noticeable in an interview or not (since I was in the US at that time and don't have a passport stamp for it)--but I know it and I must be honest.

I feel sick. What should I do?

Thank you.
 

Dreamlad

Champion Member
Jan 11, 2016
1,266
471
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2171
AOR Received.
08-04-2017
Med's Done....
23-06-2017
I sent in my application in March 2022 and have just received an invitation to take the citizenship test.

However, I have realized I made an error in my physical presence calculation that will put me a little under 1095 days as of March 2022. I don't know if this will be noticeable in an interview or not (since I was in the US at that time and don't have a passport stamp for it)--but I know it and I must be honest.

I feel sick. What should I do?

Thank you.
My GCMS notes have indicated they pulled my entry & exit records so they will eventually know.
Tell the office during the interview.
 

wink

Hero Member
May 25, 2021
733
361
So if you don't have enough buffer days then it may not be a good idea to prolong the process. As you said, if you think it might fall under 1095 days, it is better to withdraw as soon as possible and re-apply. I think withdrawal takes a month or two (not sure though), but if you wait till they find out, it would take even longer.
 

user321

Full Member
Nov 11, 2022
34
16
So if you don't have enough buffer days then it may not be a good idea to prolong the process. As you said, if you think it might fall under 1095 days, it is better to withdraw as soon as possible and re-apply. I think withdrawal takes a month or two (not sure though), but if you wait till they find out, it would take even longer.
Thank you. Can I then reapply right away? Do I have to go to the back of the line again?
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you. Can I then reapply right away? Do I have to go to the back of the line again?
You can reapply right away. Yes, you'll go back to the start of the line again.
 
  • Like
Reactions: snoopyta

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I sent in my application in March 2022 and have just received an invitation to take the citizenship test.

However, I have realized I made an error in my physical presence calculation that will put me a little under 1095 days as of March 2022. I don't know if this will be noticeable in an interview or not (since I was in the US at that time and don't have a passport stamp for it)--but I know it and I must be honest.

I feel sick. What should I do?

Thank you.
My husband forgot to list one single same day trip to the US (which didn't even impact his residency calculation). IRCC found it (it wasn't stamped in his passport either). You should assume they will find yours. Passport stamps are really irrelevant to their tracking.

Withdraw if you don't have enough days and reapply.
 
  • Like
Reactions: snoopyta

user321

Full Member
Nov 11, 2022
34
16
My husband forgot to list one single same day trip to the US (which didn't even impact his residency calculation). IRCC found it (it wasn't stamped in his passport either). You should assume they will find yours. Passport stamps are really irrelevant to their tracking.

Withdraw if you don't have enough days and reapply.
Thank you. My trips were before 2020, if that makes a difference. I think that’s when Canada started tracking US and Canadian citizens crossing the border.
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you. My trips were before 2020, if that makes a difference. I think that’s when Canada started tracking US and Canadian citizens crossing the border.
People seem to have pretty big misconceptions about what was being tracked before 2020. Stuff was being tracked. I guarantee you.

Case and point, my husband got citizenship in 2012. IRCC found his one single same day trip to the US that he forgot to list.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
I sent in my application in March 2022 and have just received an invitation to take the citizenship test.

However, I have realized I made an error in my physical presence calculation that will put me a little under 1095 days as of March 2022. I don't know if this will be noticeable in an interview or not (since I was in the US at that time and don't have a passport stamp for it)--but I know it and I must be honest.

I feel sick. What should I do?

Thank you.
A longer explanation for what, essentially, @wink posted:

If you know you missed a trip in the physical presence calculation, and the number of days additionally outside Canada mean you fall short of being eligible for a grant of citizenship (that is, your physical presence as of the date you applied was actually less than 1095 days), IRCC does NOT have authority to grant citizenship for this application.

This is absolutely a material omission, the kind of discrepancy with the facts it would be outright foolish (apart from the ethics) to not disclose regardless what the odds are that IRCC will identify an issue. As @Dreamlad noted, and @scylla emphasized, the odds are high that IRCC will catch this, so it is much, much better to be upfront and deal with the consequences of losing this application and making a new application (assuming you now meet the requirements).

Thus . . .
Will I then be disqualified for citizenship?
Yes. It is that simple. If credit for physical presence days is less than 1095 days within the five year eligibility period, the application MUST be denied (IRCC has no discretion to do otherwise) unless the applicant withdraws the application. As others suggest, if you do not withdraw the process for making the decision to deny the application can take a long time, and usually will take a long time, YEARS even since these kinds of cases must go to a Citizenship Judge before IRCC can deny the application, and it has been taking years to get scheduled for a hearing with a CJ. And if you are short, there is no doubt about the outcome of a CJ hearing: the application must be denied.


Can I then reapply right away? Do I have to go to the back of the line again?
Yes, you can withdraw right away and file a new application right away (assuming you meet all the requirements as of the day you apply).

You do not have to wait for IRCC to make a decision on the request to withdraw. You can make the new application right away. Probably a good idea to add a supplemental page explaining you realized there was a mistake in your first application, overlooking a trip outside Canada, so you have submitted the request to withdraw that application.

Yes, you will be starting over with a new application. No way around that. Still going to get you to the oath way sooner than the current application, which is not likely to get you to the oath at all but take a long, long time for that to be decided.

Notifying IRCC Otherwise:

Go over your travel history, and make certain you have now got it right, and double check that again
, and if indeed it shows you were short of meeting the 1095 days presence requirement, there is no point at all delaying dealing with this. Submit the correction SOON. This is the kind of correction it is best to make (probably using webform) SOONER rather than later.

It has been suggested to bring this up during your interview. Not all applicants are interviewed. The interview might not happen for weeks or months after the test. This is a correction you want made SOONER than later. No doubt about that. For one important thing, you want to be sure IRCC recognizes this was a mistake, not an intentional omission, so you want to be upfront about it, not waiting for IRCC to catch it and ask.
 

user321

Full Member
Nov 11, 2022
34
16
Thank you very much. Is there any use in going ahead and taking the test next week and then withdrawing the application?

I’m not sure how what you say about submitting info via the web form has to do with withdrawing the application. Do I need to do both?

I didn’t realize they would be so harsh on this, since I have continued to live in Canada since I applied in March. But I guess only the application date counts.
 

trumprefugee

Champion Member
Jun 6, 2017
1,616
3,186
Ottawa, ON
Category........
PNP
Visa Office......
Ottawa
NOC Code......
2172
App. Filed.......
06-01-2018
Nomination.....
19-12-2017
AOR Received.
07-01-2018
IELTS Request
24-06-2017
Med's Done....
05-01-2018
Passport Req..
09-03-2018
VISA ISSUED...
02-04-2018
LANDED..........
28-05-2018
As others have noted, if you have fewer than 1095 days, you will be automatically disqualified for citizenship, so you should withdraw and apply again. Also, at least up to now, 2022 paper applications have been processed very quickly, in 3-6 months, so if you reapply on paper ASAP, you will likely save a lot of time, as your current application, with the wrong physical calculation, would likely get very delayed before eventually being denied.
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you very much. Is there any use in going ahead and taking the test next week and then withdrawing the application?

I’m not sure how what you say about submitting info via the web form has to do with withdrawing the application. Do I need to do both?

I didn’t realize they would be so harsh on this, since I have continued to live in Canada since I applied in March. But I guess only the application date counts.
It's really your call. I would personally withdraw now so that you can resubmit as soon as possible.

The residency days are locked in at the time the application is submitted. Subsequent days are not considered.
 

user321

Full Member
Nov 11, 2022
34
16
As others have noted, if you have fewer than 1095 days, you will be automatically disqualified for citizenship, so you should withdraw and apply again. Also, at least up to now, 2022 paper applications have been processed very quickly, in 3-6 months, so if you reapply on paper ASAP, you will likely save a lot of time, as your current application, with the wrong physical calculation, would likely get very delayed before eventually being denied.
Thank you. So I should print it out and mail it in instead of submitting it online?
 

trumprefugee

Champion Member
Jun 6, 2017
1,616
3,186
Ottawa, ON
Category........
PNP
Visa Office......
Ottawa
NOC Code......
2172
App. Filed.......
06-01-2018
Nomination.....
19-12-2017
AOR Received.
07-01-2018
IELTS Request
24-06-2017
Med's Done....
05-01-2018
Passport Req..
09-03-2018
VISA ISSUED...
02-04-2018
LANDED..........
28-05-2018
Thank you very much. Is there any use in going ahead and taking the test next week and then withdrawing the application?

I’m not sure how what you say about submitting info via the web form has to do with withdrawing the application. Do I need to do both?

I didn’t realize they would be so harsh on this, since I have continued to live in Canada since I applied in March. But I guess only the application date counts.
Withdraw ASAP so that you can reapply ASAP.

Yes, only physical presence up to application date counts. Good news is that since you have continued staying in Canada since applying in March, you now have a very comfortable buffer over the minimum, which should also make your new application go more smoothly.

Thank you. So I should print it out and mail it in instead of submitting it online?
Yes, download and fill out the paper application, print and sign, and mail. 2022 paper applications are taking 3-6 months to get oath, while online applications are looking closer to 12 months or more (too early to tell still, because average time from submission to test is 8 months for online so far, then probably a few more months to get oath).