Mr. Preppy said:
Hi guys,
A friend of mine applying for citizenship, he doesn't remember exact number of days spent outside of Canada, but he knows that he didn't spend more than 4 months in total (he had three visits outside) and he is eligible for citizenship even if he stayed 8 months outside of Canada.
Question: is it OK if he include inaccurate dates in residency calculator? Is there any impact on applicants in this case ?
Foremost: it is important to be as complete and accurate in the Physical Presence Calculation submission as possible, whether using the online Physical Presence Calculator or the hard copy form (CIT 0407).
Thus, the
short answer is that the applicant should diligently and zealously dig through all resources available to reconstruct, as best the applicant can, the
actual dates of ALL trips made abroad. A single omission of a short trip to the U.S. might not cause concern. A minor inaccuracy in the dates reported should not cause much of a problem. If there is any chance the applicant might be omitting a trip or not accurately reporting the actual dates of
ALL trips, the applicant should attach a separate sheet of paper to the Physical Presence Calculation
acknowledging any estimations or approximations, briefly describing the nature and extent of the estimations or approximations, and briefly explaining the reason for approximating rather than reporting
all actual dates of travel.
Obviously, this will lead IRCC to conduct further inquiries, elevate its scrutiny, and how this ultimately influences how things go will depend in large part on the results of that process . . . the bigger the gap between what the applicant reports and what IRCC finds, the more problematic it will be.
Omissions or inaccurate reporting of dates without acknowledging making an estimation or approximation, depending on the context, could lead to the conclusion the omissions or inaccuracies constituted misrepresentation, risking worst case scenarios (ranging from denying citizenship to prosecution for criminal offenses related to misrepresentations or fraud).
LONGER ANSWER:
The number of days spent outside Canada is important, but
the actual dates of travel are just as important. Without a complete and accurate disclosure of
ALL dates of travel (dates which the applicant exited Canada, and dates which the applicant entered Canada), IRCC will have trouble verifying the total number of days present in Canada. If IRCC concludes that it cannot adequately verify the number of days actually present in Canada, that means IRCC has concluded the applicant fails to meet the applicant's burden of proving the presence requirement was met. Not good.
Thus, any failure to be complete or accurate will tend to cause a problem, and the more significant that failure is, the greater the problem.
Minor omissions or minimal inaccuracies are typically not a problem. IRCC is well familiar with the fact that people make mistakes. But more than one omission, or inaccuracies totaling more than a few days, indicate the applicant cannot be relied upon to be an accurate reporter of facts, triggering inquiries and elevated scrutiny. Reminder: an applicant's credibility is not just about honesty, but is about how reliable the applicant's statements of fact are. The importance of the applicant's credibilty is second only to meeting the actual requirements themselves; this warrant repetition: other than meeting the requirements, the next most important element is the applicant's credibilty, the extent to which the applicant can be relied upon to provide
complete and accurate information.
But of course honesty is a huge factor in any assessment of credibility. Mistakes, memory lapses, the failure to keep complete and accurate records, will compromise an applicant's credibility but will not necessarily undermine it entirely. Dishonesty, however, or even just an appearance of dishonesty, can totally undermine the applicant's credibility (even lead to criminal charges, and loss of PR status not just denied citizenship).
So it is important, critically important, for the applicant to acknowledge any information which involves an estimate or an approximation, to acknowledge information which might not be accurate or complete. Indeed, the FAQs for using the Physical Presence Calculator includes the following:
Q6: I travel often to the United States and don't remember the exact dates. What do I do?
A6: To use the physical presence calculator, you must enter exact dates. If you do not know the exact number of days you were absent, try to calculate an estimated number and after you have printed your absence sheet, attach a hand written note to it indicating that the dates are approximate.
This is not an entirely clear answer. If the applicant knows the exact dates, the calculator will make an accurate calculation. If the applicant does not know the exact dates, there is no way to enter an "estimated number" of the days absent. Best the applicant can do is enter approximate dates for the dates of travel.
Moreover, the FAQ answer should not be understood to give applicants a license to estimate or approximate. The nature and range of estimation will most likely have an impact on how the approximated information influences a total stranger bureaucrat's perception and assessment.
Note, as well, that in more egregious circumstances, where there is a major omission or discrepancy between what the applicant reports and what IRCC perceives, the problems can be daunting, and may even include a virtual blanket dismissal of the applicant's account as to all facts, not just but of course including the applicant's statements as to presence in Canada, except for those facts which are affirmatively established by objective documentation. Indeed, even an applicant who was in fact present in Canada sufficient to meet the requirements may be denied citizenship if IRCC determines the applicant failed to meet the burden of proving presence in Canada. The requirements are stated in terms of facts, but in practice the requirement is to submit sufficiently credible evidence of those facts to
prove those facts, including in particular the fact of presence in Canada for at least 1460 days within the preceding six years.
A deemed failure to
prove presence will result in the denial of citizenship no matter how much the applicant was actually present in Canada.
Summary:
Presence calculations call for
exact dates for all travel abroad.
Applicants may approximate dates of travel in the presence calculation, so long as the applicant includes a separate page acknowledging what is estimated or approximated.
However, any approximations may nonetheless lead IRCC to make additional inquiries and apply elevated scrutiny. And otherwise, the failure to accurately and completely detail all travel outside Canada can lead to problems in processing the citizenship application.
Best course to take, before applying, is to dig through one's own records, and any other available sources, to reconstruct all travel as accurately as possible.
