Please i need a help
i landed Canada in may 2015 with my family , may family get the citizenship in may 2019 , but because i traveled 9 trips during the eligibility pried i submit my citizenship application late in Feb. 2019 after i stay in Canada 1120 days , in august 2019 i requested for interview without test because my age was 57 , during the interview the officer was very aggressive with me and she Plame me because i traveled , she request the copy of all passport pages and boarding pass of all my trips , i summited all the requested documents and sent it lat august 2019 . since this date i haven't received any things from IRCC , i request the help from MP in 2020 and 2021 and the answer is file in process and teh file moved to montreal to another review from specialist and IRRC late because of covid19 .
on 22, November 2021 i sent email to Montreal judge and complaint about the time however i provide all the documents to proof my physical presence such as Governmental movement certificates from my original country and the countries i residents also i provide the boarding pass of all my trips , the IRCC sent my and email on 23Novmber 2021 for physical Questionnaire i summited with all necessary documents , but now i follow-up with IRCC gent via call center , the agent inform me that my physical presence waiting for hearing ?
please do you know what dose it mean waiting for hearing and its good sign or bad and what can i do during this hearing ?
thanks
EH
Some upfront notes:
-- comments below are also based the other relevant posts,
-- I suspect language could pose some challenges in understanding what I say below; up to you whether you want to find someone to help you read and understand these comments (and those of others -- you seem to misunderstand some of what
@scylla has posted)
-- there are several unclear aspects of your situation
-- YOU MAY NEED assistance from a LAWYER
An upfront clarification:
Even if you don't meet the 1095 days, depending on how many days you fall short, your age could be one of the favorable factors.
NOPE. If IRCC and a Citizenship Judge determine the proof falls short of establishing your presence in Canada for at least 1095 days, there is NO available leeway. The 1095 days is an absolute minimum requirement. If a CJ concludes the proof falls short, even by just one day, the application must be denied.
A Critical Factor -- Ongoing Residency Obligation Compliance:
@scylla's comments and questions are in part reference to a key factor in how things are likely to go. It is critical that as of today, and all days going forward, that you meet your PR Residency Obligation. That means that as of today, May 5, 2022, that you need to have been IN Canada at least 730 days between May 5, 2017 and today. Ongoing RO compliance is absolutely required while a citizenship application is pending. Date your current PR card was issued, and the date it expires, are NOT relevant.
If you are currently IN Canada, and staying in Canada, this is not likely to be or become an issue.
BUT if you are outside Canada, or otherwise spending a lot of time outside Canada since applying, and continuing to go abroad for significantly long time periods compared to how long you stay in Canada, be certain to stay in compliance with the RO.
Observations About the Status of Your Case I; Stage of Process:
It is difficult to discern what particular procedural stage you are at currently, and very difficult to discern why the officials handling your application have questions about your physical presence, and perhaps at this stage are not satisfied with the evidence so far submitted.
It is possible that the citizenship application is in serious jeopardy. If, for example, the "
hearing" referenced is about a hearing before a Citizenship Judge, that would mean a Citizenship Officer has already determined you failed to submit sufficient proof of actual presence and is referring the case to a CJ to hold a hearing to make a conclusive decision about whether you have met your burden of proving you were physically IN Canada at least 1095 during the five year eligibility period established by the date of your application. The Citizenship Officer's referral to the CJ is made using a form in which the officer will outline the reasons why IRCC has concluded you failed to meet your burden of proof regarding physical presence.
It is not clear your case is actually at that stage. If it is at that stage, on its way to a hearing with a CJ, you probably
need a lawyer soon . . . unless you are in a position to re-apply based on now having a stronger case. Or you OK with being a PR without citizenship.
Observations About the Status of Your Case II; Proof of Actual Physical Presence:
@scylla mostly covered this:
"In terms of the interview, you must have other evidence you can bring of the time you spent in Canada like property ownership or rental papers, tax returns, bank accounts, credit card activity, utilities / cell phone bills, employment records etc. I would dig up additional evidence . . . "
This appears, however, to be more or less what you already submitted in response to the "
questionnaire" you got and responded to in late 2021 (if I understand your posts correctly). And, it appears, IRCC has reviewed that evidence and nonetheless concluded you did not meet the burden of proving your actual physical presence. Again, it is not clear this is the stage your application is at, but if it is, and thus if the next step for you is a hearing with a CJ, and the outcome of THIS application is important,
time to SEE a LAWYER.
A lawyer can look at your specific case and the evidence so far submitted, and consider what additional evidence, potentially, you might have to help your case. And do this specific to you, your facts, your evidence.
In what has been discussed so far, a lot of the "
evidence" is passive evidence. Ranging from proof of property ownership and taxes to proof of payments for utilities, and school records for children. That can help, but objective proof of personal activity in Canada on dates certain is far more important. For example, family doctor visits showing YOU were visiting the doctor on a particular date; that clearly demonstrates you were actually present in Canada that day. Records showing children's doctor's visits, or children's school attendance, not so much . . . especially in your situation, since the history shows your family was in Canada when you were not.
A big, big evidentiary factor is employment. Applicants who can document employment for a readily identified Canadian employer, clearly referencing periods of time working at a particular location in Canada, have a big advantage in terms of proving actual presence.
You do not mention what proof of employment in Canada you have submitted. I do not want to guess, but if the reason for your absences over the years is rooted in continuing employment outside Canada, and you have had minimal employment in Canada, this could pose severe
burden-of-proof issues. In particular, if your employment or work is predominantly located outside Canada, given the likelihood you will be facing a CJ hearing, before a CJ who has read IRCC's reasons explaining why you have failed to meet the burden of proving your actual physical presence, if getting citizenship based on this application is important to you, YOU NEED a LAWYER.
