I am pretty sure they will offer you a chance to prove that you were physically in Canada before simply rejecting- RQ would be triggered, the applicant would be able to submit proof that they were in Canada etc.
Yes, of course.
And what you allude to is important: if and when the applicant's accounting of presence is questioned, and particularly when contested, the process is a lot more involved than a simple approve/reject dichotomy.
Moreover, when the applicant submits information showing (in effect claiming) 1095 or more days credit toward meeting the presence requirement, a Citizenship Officer cannot unilaterally reject the application based on concluding the applicant did not meet the presence requirement. As you note, at the very least the applicant is given the opportunity to support his or her presence calculation by submitting a response to RQ together with supporting documentation (evidence showing presence) to make the case the presence requirement was met, and if that does not satisfy the IRCC Citizenship Officer, the case must then be referred to a Citizenship Judge and, ordinarily, the applicant will then be scheduled for a hearing at which the applicant can further offer testimony and evidence.
Should be obvious I consider challenging overly-broad responses a good thing. While not all overly-generalized declarative responses are misleading or erroneous, most of them risk misleading some people, potentially many people, and more than a few such answers will be overtly wrong and potentially devastatingly wrong for some people. (The
usually right answer is no where near good enough, even though that works for most, since it can be particularly bad information for many others.)
how many days of physical presence did you apply with. Mine will be just 10 days over the required 1095. Maybe if one applies with a large no of buffer days, RQ would be less likely.
I have triple checked my dates and already prepared my application so I will apply with 1105 days.
One last q ;For the worst case scenario;
what happens to your application if THEY calculate your days to be less than 1095 ?
The vast majority of qualified applicants who follow the instructions, properly complete the application and presence calculation, duly provide accurate and complete information as requested, and who submit the documents required, HAVE LITTLE OR NO REASON TO WORRY about the outcome, or even about the process along the way. For the vast majority of qualified applicants, the process goes smoothly and relatively timely (subject to the vagaries of Canadian citizenship processing timelines, which tend to be longer than most here hope for).
There are two main reasons to wait to apply with a significant margin over the minimum presence requirement, to wait and apply with a "buffer." One reason for a "buffer" is to have insurance against mistakes, to make sure the applicant is qualified even if mistakes were made (mistakes are far more common than most realize). The other reason is to reduce the risk of non-routine processing which could complicate and delay the process.
HOW MUCH OF A BUFFER SHOULD AN APPLICANT HAVE? THIS IS A VERY PERSONAL DECISION.
There is NO one rule, NO one guideline, for all applicants. 1095 days meets the requirements. A buffer is not necessary.
For the vast majority of prospective applicants, however, waiting a couple or four weeks more is readily feasible AND overall experience amply illustrates that waiting a little longer to apply can often mean actually taking the oath of citizenship sooner . . . so it makes perfect sense to wait to apply with twenty or thirty days more than the minimum. Especially since doing so tends to reduce the risk of RQ-related inquires or requests, which not only delay the process but can be profoundly intrusive into one's privacy, not to mention how miserably inconvenient they are (see, for example,
gnashing of teeth commentaries about requests for exit/entry records from other countries).
For other prospective applicants, depending on their personal circumstances, a much longer buffer might be prudent. On the other hand, for more than a few prospective applicants, the amount of buffer may have little influence. Again, depending on individual facts and circumstances in the particular case.
I waited well over an extra year beyond the date I initially became eligible for the grant of citizenship. For very personal reasons (not entirely, but largely related to my self-employment providing services to clients outside Canada, a scenario all-too-ripe for RQ). Whether I needed to or not is unknown. I sailed smoothly through the process, no RQ, and took the oath in about as short of time as feasible at the time. No way to know if it would have gone poorly if I had not waited. (Another part of why I waited related to anticipating RQ and preferring to wait long enough, in case I did get RQ, that I would not have to submit information and documentation about my business for any time prior to when I relocated my "place of doing business" to Canada.) As I said, my decision to wait much longer was specifically derived from an assessment of my personal situation.
In contrast, a prospective applicant who has been employed full time by a readily recognized Canadian employer, and as such working at a particular location/facility in Canada, for most of the period the applicant has been present in Canada, and who does not have a complicated travel history, and who is justifiably confident in his or her accounting of travel dates (noting that this forum is rife with sad tales told by those who believed they were justifiably confident but who actually made mistakes), this prospective applicant is probably safe applying with a fairly small buffer . . . 7 to 10 days or so, just enough to help make the processing agent and Citizenship Officer comfortable. Emphasis is on "probably" because ANYONE can be issued RQ related requests, including the full blown RQ.
WHAT "THEY" MIGHT CALCULATE:
One of the more common misconceptions is that IRCC will "calculate" the applicant's presence. That is NOT how it works (usually; with exceptions). It is the applicant's role to provide a complete and accurate calculation of physical presence.
IRCC will, of course, endeavor to verify that calculation and the information it is based upon.
And of course IRCC has various tools, methods, and resources, to evaluate and, sometimes, investigate whether the applicant's accounting is complete and accurate.
The discovery of a discrepancy or omission is not necessarily fatal. IRCC recognizes that applicants make mistakes and will generally accommodate minor errors so long as any apparent error does not suggest the possibility the applicant fell short of 1095 days actual presence. Hence the importance of a buffer. Not just to make sure there was enough presence, but to best hedge against even the POSSIBILITY of being short.
Remember, IRCC does not need to determine, let alone prove, the applicant fell short. It is the applicant's burden to prove presence. If IRCC apprehends the POSSIBILITY the applicant is short, it QUESTIONS the presence calculation and gives the applicant an opportunity, through RQ related requests, potentially up to the full blown RQ, to submit PROOF sufficient to eliminate concerns the applicant was possibly short. As noted above, if the applicant's proof does not satisfy the IRCC Citizenship Officer, the presence-case is referred to a Citizenship Judge for a hearing, and the applicant (ordinarily) will be able to further support his or her case, and the CJ will decide if the applicant has met the burden of proving presence for at least 1095 days.
Thus, it warrants noting and emphasizing, the how-much-of-a-buffer question, which is more specifically a
when-is-it-time-to-apply question, SHOULD take into consideration a range of factors and circumstances well beyond just how many days present the applicant has. The applicant who has, for example, a well-documented (copies of leases and proof-of-payment) residence history, can confidently proceed with the application sooner than it would be prudent for the prospective applicant whose presence includes some significant periods of time involving more or less transient housing. And even more significantly, as previously noted, how solidly the applicant has a documented work history in Canada is a key factor to consider. Among others, including frequency of travel. Applicants who continue to have substantial residential or employment/business ties abroad would be prudent to carefully assess how much buffer would be wise. And so on. Again, this is very individual specific.
