I would not withdraw may application now that it has gone this far. Your RQ is your chance to come out clean. Write a cover letter and explain that it was a miscalculation that you just realized while preparing the RQ. Everybody can make mistake but when you admit your mistake and apologize you show that you're sincere. Maybe they sent you the RQ to see if you gonna admit the mistake or try to trick them. After all if you withdraw it now you will still get RQ when you apply again. The worst thing that can happen is be called for a CJ hearing and have a chance to explain what happened. Just be sincere and don't let them think that you re trying to fool them.ezz1981 said:
RQ Received - 20 days short. Please advise.
- Thread starter ezz1981
- Start date
Thanks. Do you think that by apologizing to them, they will accept this? If this case goes to the judge, how can I proof that this was a typo and honest mistake? I really don't know. I met a lawyer today and he said, the judge won't accept "typo" and he/she will pretty much tell you that you are short 22 days when you applied. Lets not forget that RQ and Judge hearing could take forever.Goldline said:I would not withdraw may application now that it has gone this far. Your RQ is your chance to come out clean. Write a cover letter and explain that it was a miscalculation that you just realized while preparing the RQ. Everybody can make mistake but when you admit your mistake and apologize you show that you're sincere. Maybe they sent you the RQ to see if you gonna admit the mistake or try to trick them. After all if you withdraw it now you will still get RQ when you apply again. The worst thing that can happen is be called for a CJ hearing and have a chance to explain what happened. Just be sincere and don't let them think that you re trying to fool them.
Do you think that applying again is better option? she is now way above 1096 days required and has a solid ties to Canada. Even if she gets RQed again, I have already prepared 500 pages of documents and I can submitted right away. At least, this time, she will not have judge hearing (I hope).
When I checked with the lawyer he said no need to specify the reason as to why she is withdrawing her application. This part I'm not sure if she should really explain why withdrawing or not.
Your best option would be withdraw and submit right a way. As you already will be explaining the reason for withdraw (mistake on calculation) and when your wife will apply over 1100 days mark, CIC will process as regular one. Your withdrawal issue is very much legitimate to the CIC and will not effect the new application as they will know the reason.
Even if she gets the RQ on new application that will not be a complicated one as she will met the 1095 days for sure and in 2014 RQ process are faster then before and likely to receive CIT-520 with specific documents rather than a full RQ with tons of document..
Even if she gets the RQ on new application that will not be a complicated one as she will met the 1095 days for sure and in 2014 RQ process are faster then before and likely to receive CIT-520 with specific documents rather than a full RQ with tons of document..
That's what I think but keep in mind I'm not an expert this is just what I think, I maybe right or wrong.ezz1981 said:Thanks. Do you think that by apologizing to them, they will accept this? If this case goes to the judge, how can I proof that this was a typo and honest mistake? I really don't know. I met a lawyer today and he said, the judge won't accept "typo" and he/she will pretty much tell you that you are short 22 days when you applied. Lets not forget that RQ and Judge hearing could take forever.
Do you think that applying again is better option? she is now way above 1096 days required and has a solid ties to Canada. Even if she gets RQed again, I have already prepared 500 pages of documents and I can submitted right away. At least, this time, she will not have judge hearing (I hope).
When I checked with the lawyer he said no need to specify the reason as to why she is withdrawing her application. This part I'm not sure if she should really explain why withdrawing or not.
You don't need to prove it. Do you know that some people apply with less than 1095 days and still get their citizenship. Also you said she has solid ties to Canada, that's what they need so that's a good positive point in her favor.
You can always explain anything you want in a cover letter. Yes the form doesn't ask for the reason why she withdrawed but you can say it in the cover letter.
Put your case in this form there are couple of people more knowledgeable and they may give you some ideas.
https://secure.immigration.ca/forum/forum_topics.asp?FID=3&SID=ezceca44e1681zb9871777d661ed8z52&title=canadian-citizenship
The risk of not withdrawing is that if you:Goldline said:I would not withdraw may application now that it has gone this far. Your RQ is your chance to come out clean. Write a cover letter and explain that it was a miscalculation that you just realized while preparing the RQ. Everybody can make mistake but when you admit your mistake and apologize you show that you're sincere. Maybe they sent you the RQ to see if you gonna admit the mistake or try to trick them. After all if you withdraw it now you will still get RQ when you apply again. The worst thing that can happen is be called for a CJ hearing and have a chance to explain what happened. Just be sincere and don't let them think that you re trying to fool them.
1. Get a CJ who goes with the 1095 physical days residence test and denies the application in the correct manner
2. Get a CJ who approves but CIC appeal and get a FC Judge who agrees with 1095 physical presence days as the true test
Your application will be refused and there is nothing you can do about it. In other words you are at the mercy of whomever looks at it and are leaving things to chance. Given that applicants with 1094 physical days are getting bounced your 20 day shortfall is not even close to 'sympathy zone' especially IMHO due to the fact that it was not caused by say extensive business travel.
If you reply with 1095 days of physical presence then both the CJ and the FC have very little choice in the matter unless there are doubts over your declared presence.
Good luck with your decision making.
Thanks. We have decided to withdraw the application. Can I send both the withdraw letter and the new application together and include a letter explaining to them that I want to withdraw my current application and "find enclosed my new citizenship application"?Msafiri said:The risk of not withdrawing is that if you:
1. Get a CJ who goes with the 1095 physical days residence test and denies the application in the correct manner
2. Get a CJ who approves but CIC appeal and get a FC Judge who agrees with 1095 physical presence days as the true test
Your application will be refused and there is nothing you can do about it. In other words you are at the mercy of whomever looks at it and are leaving things to chance. Given that applicants with 1094 physical days are getting bounced your 20 day shortfall is not even close to 'sympathy zone' especially IMHO due to the fact that it was not caused by say extensive business travel.
If you reply with 1095 days of physical presence then both the CJ and the FC have very little choice in the matter unless there are doubts over your declared presence.
Good luck with your decision making.
For what its worth mentioning, When I spoke to my MP, he adivsed me to have atleast 3 months extra to avoid RQ. So you should try and give them plenty of buffer so they is no doubt.ezz1981 said:Hi,
My wife received an RQ and as we are putting together the RQ papers, I have noticed that there was a typo when date was entered on the residency calculator. So she is short 20 days.
She has been here since 2005. Two kids, both are Canadian and go to school in Canada. She also works part time. I'm Canadian and have been here since 2000.
My question is, should we submit the RQ or it is better to withdraw the application? I think that she will eventually have to see a judge and I'm not sure if the Judge will accept "typo"..
Please advise.
Thanks.
Thanks. Good to know. She already has 1400+ of basic residence and 1300+ physical presence... At this point and with the new bill, I would rather send the new application along with the withdraw letter, if that is possible of course.QAI said:For what its worth mentioning, When I spoke to my MP, he adivsed me to have atleast 3 months extra to avoid RQ. So you should try and give them plenty of buffer so they is no doubt.
I hope they don't RQ her.
Sure but make sure the 2 are distinct and separate...I'd go as far as putting them in 2 different envelopes with a cover letter for the new application making reference to the other envelope with the withdrawal letter. It doesn't matter in the grand scheme of things if she gets RQd if she has the 1095 days so thinking about this too much is really not worth it. What's your Local Office?ezz1981 said:Thanks. We have decided to withdraw the application. Can I send both the withdraw letter and the new application together and include a letter explaining to them that I want to withdraw my current application and "find enclosed my new citizenship application"?
Thanks. The local office is Montreal.Msafiri said:Sure but make sure the 2 are distinct and separate...I'd go as far as putting them in 2 different envelopes with a cover letter for the new application making reference to the other envelope with the withdrawal letter. It doesn't matter in the grand scheme of things if she gets RQd if she has the 1095 days so thinking about this too much is really not worth it. What's your Local Office?
Msafiri,Msafiri said:Sure but make sure the 2 are distinct and separate...I'd go as far as putting them in 2 different envelopes with a cover letter for the new application making reference to the other envelope with the withdrawal letter. It doesn't matter in the grand scheme of things if she gets RQd if she has the 1095 days so thinking about this too much is really not worth it. What's your Local Office?
I want to make sure of something. To withdraw, do I have to fill in the withdraw form available on CIC web site or can I just write a simple letter with the file number and ask them to withdraw? Of course, it will be dated and signed by my wife.
Thanks.
Form covers the legalese aspects best so go with this - why not have a cover letter referring/confirming withdrawal as per enclosed form as this would cover both angles? I suggest your spouse review the forum on RQ discussions and obtain evidence of active presence in Canada while the new application is awaiting initial processing in Sidney. As a homemaker she may get RQd again and it will save time if this happens. See posts by poster 'eileenf' (also based in MTL) who has a resource link in her signature line based on responses and data gathered from contributors across multiple forums on this subject. It will detail the RQ process and how best to deal with submission. Bon chance!ezz1981 said:Msafiri,
I want to make sure of something. To withdraw, do I have to fill in the withdraw form available on CIC web site or can I just write a simple letter with the file number and ask them to withdraw? Of course, it will be dated and signed by my wife.
Thanks.
Ok, thanks. One last question please, if I may. Is it OK if she dates both new application and withdraw as today? So both are dated June 24th.Msafiri said:Form covers the legalese aspects best so go with this - why not have a cover letter referring/confirming withdrawal as per enclosed form as this would cover both angles? I suggest your spouse review the forum on RQ discussions and obtain evidence of active presence in Canada while the new application is awaiting initial processing in Sidney. As a homemaker she may get RQd again and it will save time if this happens. See posts by poster 'eileenf' (also based in MTL) who has a resource link in her signature line based on responses and data gathered from contributors across multiple forums on this subject. It will detail the RQ process and how best to deal with submission. Bon chance!