Canada Immigration and Visa Discussion Forum Homepage
Forum Home Forum Home > Canada Immigration Topics > Canadian Citizenship
  New Posts New Posts RSS Feed - What are the chances?
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

What are the chances?

 Post Reply Post Reply
Author
Message
nSun View Drop Down
New Member
New Member


Joined: 03 Mar 2011
Status: Offline
Points: 2
Post Options Post Options   Thanks (0) Thanks(0)   Quote nSun Quote  Post ReplyReply Direct Link To This Post Topic: What are the chances?
    Posted: 03 Mar 2011 at 7:19pm
Hi guys, I'm a new member here and this is my first post. I've been reading this forum for a while, and the more I read it the more I realize I have a complicated situation in my hands.

So here's my story,
I have been a PR since Sept 29, 2000 when my parents decided to immigrate to Canada, but since then they both have given up on becoming a citizen since they're just simply too busy with their businesses back in China. I was more than eligible to apply for citizenship for myself in 2006 when I became 18, but being a dumb teenager I didn't bother doing it at the time. Now when I finally came to my senses, it seems that I'm around 10 days short for the 1095 days required. I thought I had no problems before the calculations have been done, and now I realize what I didn't bother doing 5 years ago might cost me a lot more time in the near future. Dead RQ is inevitable, and I will probably have to see the judge... What are the chances of me being approved? Thanks in advance for any helpful input!


Back to Top
canvis2006 View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 29 Nov 2009
Location: Toronto
Status: Offline
Points: 2574
Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 2011 at 7:56pm
There is no need to worry or panic.

As long as you apply with 1095 physical presence days at least in the last 4 years, and declare all the absences truthfully, you will be okay.

Stop worrying about RQ and judge, just apply when you're qualified. You've been here a long time, so you probably have a established life here, don't worry so much.





Back to Top
nSun View Drop Down
New Member
New Member


Joined: 03 Mar 2011
Status: Offline
Points: 2
Post Options Post Options   Thanks (0) Thanks(0)   Quote nSun Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 2011 at 8:11pm
Thanks for the reply!
The thing is, according to the estimate on the online calculator, I won't have enough physical presence days until June 2012, which is a year and a half away... I'm still a student but might have to go back to Asia to take over the family business in a couple of years. Does missing a few days matter THAT much for an application?
Back to Top
canvis2006 View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 29 Nov 2009
Location: Toronto
Status: Offline
Points: 2574
Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 2011 at 8:47pm
yes, a judge can refuse it, even if you're short 1 day.
No use waiting for years for judge hearing only to have it refused on a technicality
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 04 Mar 2011 at 5:56pm
Your circumstances and facts appear to be complex. Many individual cases have circumstances particular to that case, circumstances which may have a significant influence on the outcome, be it RQ or even an unfavorable decision. When it is complex and, as in this instance, a close call, it is indeed a difficult decision for which it is worth really working your way through the full analysis.

You clearly meet the "basic residence" test, but do not meet the 1095 days of actual, physical presence test. Thus, you could be granted citizenship but along the way would definitely face RQ. Whether you would be granted citizenship or not would depend on whether the citizenship judge is satisfied that your "residency" in Canada, notwithstanding your absences, is sufficient to warrant a grant of citizenship.

Your posts are a bit confusing about the physical presence test, since in your first post you say you are about 10 days short by that test, but in your other post you say it will be over another year before you would be able to meet that test.

If you are several hundred days short of meeting the actual, physical presence test, probably best to wait until you do meet it.

If, however, you are indeed just ten days short but waiting another ten days will not cure your residency because it is based in part on presence four years ago which days fall off the calendar (become more than four years ago) going forward, you might indeed be better off applying sooner rather than waiting another full year and a few months. But the wisdom of doing this depends a great deal on your personal circumstances and residential history.

Review the applicable operational manual CP 5 Residence, particularly section 5 regarding "policy for persons who have absences from Canada" beginning near the bottom of page 11.

Also see the FAQs about the rules of calculation, and see question 8 in particular. After giving an admonition about the RQ process, it says:
Quote Deciding to apply with fewer than 1,095 days of physical presence is a personal decision that should be made carefully and take into account your personal circumstances.


This means what it says. For some people it is still a good idea to go ahead and apply with fewer than 1095 days actual physical presence. Not a good idea for anyone who can simply wait out a reasonable amount of additional time and thereby meet this test. But it is a good idea for some people who have expected periodic absences which will significantly delay (or even effectively preclude) their meeting the actual, physical presence test.

Again, see section 5 in CP 5 Residence, to get a better overview of this process. If you are up to more research, you may also want to look at some of the cases I cite and link in this thread. But only you (or you in consultation with a lawyer) can fully assess all your circumstances and make the right decision about when to apply for citizenship.

    
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down