What happens if short a couple of physical days by mistake

[poweroverwhelming]

So I applied for citizenship with 1096 physical days in Canada last year. I've been called in for a test so I've been reviewing my documents. Turns out I left out two absences for the calculator so I'm going to be shy about 5 days.

Is my case going to be dismissed? or to go to a CJ?

Would it be easier for me to withdraw my application and file again?

In hindsight, I should've applied with some buffer but I was getting really excited so I applied right away. Silly me.

Thank you in advanced for any insight and/or comments.

 

[canadp]

If your file was already processed and you have been asked for test then just go for it.

CIC in some case may consider short days if they find that there is no other issue with your documents or your physical presence.

It depends on Judge. If you go for interview and if they ask then you can simply say that it happens by mistake, tell the truth.

Note: When you are already on Test Stage that means then already know if you are short by 2-3 days.

Thanks

 

[Swede]

I'd hate to be negative, but since you're not actually eligible to apply for citizenship if you have less than 1095 days, you're going to get stuck in judge hell sooner or later and the judge may or may not allow the matter to slide. It's sad that you didn't find this out earlier, or you could have withdrawn your application and re-applied.

 

[Lei_F]

So I applied for citizenship with 1096 physical days in Canada last year. I've been called in for a test so I've been reviewing my documents. Turns out I left out two absences for the calculator so I'm going to be shy about 5 days.

Is my case going to be dismissed? or to go to a CJ?

Would it be easier for me to withdraw my application and file again?

In hindsight, I should've applied with some buffer but I was getting really excited so I applied right away. Silly me.

Thank you in advanced for any insight and/or comments.

Go to the test. Don't worry about it. It will be only two outcomes.
1.Pass the test and get citizenship.
2 passed the test and see CJ, if you don't want to wait and then re-apply at that time.

Don't withdraw your application at this time of moment.

 

[zardoz]

I seem to remember that you can get served with an RQ, even if invited for the test.. If you get one of those, well....

 

[peter_h]

I just have four words for you: misrepresentation of the facts.
Whether intentionally or not, it is what it is.
I would definitely come forward and straight about it. Then they'd tell me what to do. If they find out without you telling them first, I don't want to even think about the outcome.

 

[poweroverwhelming]

Given it will take a while to see a CJ and the judge might say "too bad", I'll probably withdraw if that happens.

CIC officer would let me know if they are sending me to see CJ on my test day correct?

@zardoz: The worst case for me is probably RQ post test. That is even more time down the drain.
@peter_h: That is the plan.

 

[noeul]

Hi Poweroverwhelming,

I know it's been a while. could you update your current status? Thanks

 

[fernendez]

So I applied for citizenship with 1096 physical days in Canada last year. I've been called in for a test so I've been reviewing my documents. Turns out I left out two absences for the calculator so I'm going to be shy about 5 days.

Is my case going to be dismissed? or to go to a CJ?

Would it be easier for me to withdraw my application and file again?

In hindsight, I should've applied with some buffer but I was getting really excited so I applied right away. Silly me.

Thank you in advanced for any insight and/or comments.

Do not listen to wsome of the comments below as they appear to be ill informed. If you do not qualify, you would not have been asked to come and write the test. The worst taht would happen is you get referred toa Citizenship Judge who I am positive will allow you naturalize. Congrats in advance.

 

[Msafiri]

Do not listen to wsome of the comments below as they appear to be ill informed. If you do not qualify, you would not have been asked to come and write the test. The worst taht would happen is you get referred toa Citizenship Judge who I am positive will allow you naturalize. Congrats in advance.

A test invitation doesn't mean you meet the criteria and will get a pass. If you are short of physical days then the fact that the CJ can decide to apply a non physical presence test i.e. the Koo test (centralized mode of living) means you get your day with the judge. CIC will either recommend you get refused, or approved or they may sit on the fence and leave it to the CJ. If the CJ is a stickler for the physical presence test then he/she will bounce the application. There is a significant trend in the courts siding with the 1095 days physical presence test - a simple question has surfaced in jurisprudence that the Citizenship Act requires 1095 days out of 4 years so you already have a year to be absent why get any more breaks? If the CJ bounces it and follows the law in doing it then the FC will in turn bounce any appeals. The op will have a better idea of what action to take after his/her test.

 

[poweroverwhelming]

The update is that I went to the test, got 100%. At interview, the officer went through all the stamps. There was one stamp that he couldn't match up with my list. (In fact, these stamps I got from coming back to Canada via a bunch of countries). Anyhow, I had 40+ stamps left at that point. He just photocopied all the stamps in my passport and sent me off.

I asked if I went back home and figured out that I was missing a few days should I rescind my application, officer said that not necessarily faster if I reapply and that I should wait to see (if I get an RQ / require judge hearing from them).

As of today, no RQ yet. Still deciding what to do. Gonna wait a bit more and see how it goes.

Reminder to all: Please check your stamps before applying. If I had waited one more week I would not be in this situation.

 

[Soopergal]

Power - What is your timeline?

i may be in a similar situation. I've got 40+ stams and also have missing stamps in the passport. sigh!

 

[noeul]

So I applied for citizenship with 1096 physical days in Canada last year. I've been called in for a test so I've been reviewing my documents. Turns out I left out two absences for the calculator so I'm going to be shy about 5 days.

Is my case going to be dismissed? or to go to a CJ?

Would it be easier for me to withdraw my application and file again?

In hindsight, I should've applied with some buffer but I was getting really excited so I applied right away. Silly me.

Thank you in advanced for any insight and/or comments.

I'm in the exact same situation. Short of 6 days. Received RQ during interview after test due to excluding 1 trip in the calculator on the initial application.

 

[keesio]

poweroverwhelming - sorry to hear of your situation. Hope you get some resolution soon.

There was some debates earlier in the year about the value of giving yourself some extra padding on the dates (i.e. wait a few days after you are eligible to apply). Some said there is no point while others said it can help. I gave myself an ~2 weeks and it turned out I was off by a day. I'm glad I gave some padding.

 

[Munchenxx]

So not everyone use the CIC official calculator when prepare the docs....? If all the absences have been input with precise dates,,the calculator will ensure to let you know if you reach 1095 or not officially,which can save ppl out of similar issues..