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Record Correction Request Form

epop

Member
Apr 4, 2014
11
0
Hello Everyone,

Here is my case:
Landed 2007-03-02
Leaved Canada 2007-03-07
Entered Canada 2009-02-19
Applied for Canadian citizenship 2012-02-19

The online residence calculator shows 1096 days physical presence.
CIC website mentions that either the day you leave Canada or the day you return is included as presence, but not both.
My own calculation returns 1095 days physical presence as following: between 2009-02-19 and 2012-02-19, after removing either the day of re-entering or the day of signing the application there are 3 years x 365 days.

However, in my file provided after ATIP request, I noticed the physical presence 1094 days and 366 days of presence in 1460 basic residence days. Analyzing the calendar I realized that when CIC internal tool deducted the days of my absence from 1460 days, they included Feb 29, 2008. The Citizenship Act states that Feb 29 is neither counted as absence nor as a presence.

I am going to submit a Record Correction Request Form to ask the recalculation of my physical presence in Canada at the time I signed the application. The ATIP document was sent to me by email and the Record Correction Request form (BC/CTC350-11) contains no address where I could send the letter.
My local office is Mississauga.

Could anyone of you guide me where should I send this form?

Many thanks in advance,
epop
 

epop

Member
Apr 4, 2014
11
0
Hello,

Anyone from this forum knows where to submit Record Correction Request form received in email with ATIP response?

Many thanks,
epop
 

epop

Member
Apr 4, 2014
11
0
Maybe this will help others:

I sent Record Correction Form using the email address where from I received the ATIP.
Then I called CIC. Got the confirmation the email was received.

In about 30 days since I sent Record Correction Form claiming Feb 29th being removed from my absence from Canada, I was invited to take the citizenship test. That day of Feb 29th added to my absence from Canada led to a result of 1,094 days of presence, instead of 1,095.

I signed the application right in the day I met 1,095 days of continuously presence in Canada. That was calculated by both CIC paper based and online calculator.

Good luck everyone,
epop
 

alphazip

Champion Member
May 23, 2013
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epop said:
I signed the application right in the day I met 1,095 days of continuously presence in Canada. That was calculated by both CIC paper based and online calculator.
From CIC (http://www.cic.gc.ca/english/information/applications/guides/CIT0002ETOC.asp):

"You must be eligible to apply for Canadian citizenship the day before you sign the application form."

You should have waited at least one day before signing, which means you could be one day short.
 

epop

Member
Apr 4, 2014
11
0
Hi,

When the calculator shows 1,095 days you really have 1095 days of presence. I re-entered Canada in Feb 19, 2009 and I signed the citizenship application on Feb 19, 2012. I did not sign on Feb 18th. In that case, indeed, I would have 1094 days of presence as one of the extremes of the range is removed.

If I was eligible and had no exit from Canada I did not see the reason to delay the application.

I hope that I helped others not to get one day shortage due the addition of Feb 29th to the absences from Canada. I explained to CIC that their internal system erroneously adds up that day to the absences from Canada, consequently subtracting it from your physical presence. I hope they fix the issue so nobody else would have problems in the future.

Regards,
epop
 

alphazip

Champion Member
May 23, 2013
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The information in the Guide is pretty self-explanatory. It says, "You must be eligible to apply for Canadian citizenship the day before you sign the application form", but it seems that you think you can just ignore that requirement. Were you eligible to apply on February 18, 2012, which is the day before you signed the application? If not, then that explains why you're one-day short. I don't think it's related to February 29th. CIC would have been aware of the February 29 issue and programmed their residence calculator accordingly. Otherwise, there would be many people on here complaining about February 29. If you're the only one, that's a clue that the problem isn't with February 29.

To put the instructions in easier to understand language: You must have reached 1095 days of residence in Canada ON THE DAY BEFORE you sign the application. Example: If you reach 1095 days on Monday, you can sign the application form on Tuesday.
 

epop

Member
Apr 4, 2014
11
0
Hi Alphazip,

The official tool provided by CIC to calculate the eligibility shown that signing on Feb 19th, 2012 I meet the eligibility criteria. The online Residency Calculator form which I attached to the application is very simple. You just fill your information and get the result that shows you are or are not eligible at the day you sign.

Now, between my re-entering on Feb 19th, 2009 and Feb 19, 2012 there are 1096 days in calendar. And I signed on Feb 19th. Same date I used in the calculator.

Looking at the interval of my absence, which was detailed in ATIP, the only thing that explains one more day of absence reported by ATIP was Feb 29th 2008. That number of days of absence was then subtracted from numbers of days between my landing day and the Feb 19th 2012 when I signed the application. As a result, ATIP shown one day less than CIC online tool shows.

I posted my story as I think it might help some of the members here.
 

SenoritaBella

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The other thing that could explain the "one more day absence" is the date you re-entered Canada i.e. may be CBSA records have your re-entry date as Feb 20, 2009.

So the question is - did your flight arrive before midnight on Feb 19, 2009? If it was after midnight, that will be Feb 20th. In anycase, it is risky when you apply with the days so close.
 

alphazip

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May 23, 2013
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epop, if the calculator gave you 1096 days, but ATIP gave you 1094, that's a difference of two days, is it not? Therefore, how could it be explained by CIC erroneously counting February 29? You say your manual count gave you exactly 1095 days, which is the minimum required to apply. I know that if I got a calculation of 1095 days, I would see what it says right above where I was to sign ("Remember to make sure that you are eligible to apply for citizenship on the day BEFORE you sign this application.") and wait a day before signing. Actually, I would wait much more than 1 day, to give myself a cushion.