Citizenship day calculation |
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ajjita
New Member Joined: 11 Oct 2011 Status: Offline Points: 1 |
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Posted: 11 Oct 2011 at 6:40pm |
Hi
I have a problem with my day calculation. As per the day calculation process given online, i have completed 1095 days requirement, but the immigration office has made a mistake in the calculation and say that i havent completed the day requirement. i tried pointing it out to them , but they have said that it is upto the judge now to do something about it. I have taken the citizenship exam , but they have asked me to re-submit all paperwork and that it will take me another 1.5 yrs to get the citizenship. I submitted a petition to Toronto MP and his office got back to me saying that they cant do much about this and that i need to speak to the immigration minister for addressing this issue. I have fulfilled the day requirement but because of administrative error in day calculation my citizenship processing period is getting extended . I would highly appreciate if someone is able to help me out in this issue. Thanks Sri
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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ajjita: You have been given the notorious RQ, meaning residence questionnaire, and the RQ process does indeed require you to submit additional information and documentation in order to prove you complied with the residency condition. Join the discussion in the RQ discussion thread, where you can read back pages and learn quite a lot about the RQ process. Share your timeline in the RQ Timeline thread (this information is helpful to those going through RQ relative to understanding how long the waits are likely to be). And you may want to peruse the Residency: tests, proof, practice, policy thread where there is more in-depth discussion about the particulars of proving compliance with the residency requirement (including the currently confused state of affairs as to what the applicable standards are). Bottom-line: CIC does not need to justify imposing RQ. No reason is necessary. Anyone applying for a grant of citizenship can be subjected to RQ, even randomly. Best thing you can do at this point is step back, thoroughly evaluate the facts in your case, look for the weaknesses in the case, consider closely their calculation as to days present, and do the best job you can in compiling a strong case to prove you met the residency requirement. Remember, no point in focusing on what the strengths in your case are, they are no problem, but focus on trying to see the weaknesses and then address those. It sounds like they do have a reason in your case. They have determined you are not entitled to credit for 1095 days of actual physical presence during the relevant four year period. Be aware this can be a problem depending on the totality of the circumstances in your case. I realize you calculate the days differently than they do and that you are certain theirs is in error. That's not a fight that is going to help you much now unless the error is plainly obvious and one the Citizenship Judge will recognize and side with you about . . . but to get there, you will still have to submit all the requested information and documentation, and if you fail to do a good job in doing so that could result in an unfriendly Citizenship Judge who approaches your evidence skeptically. That's not good. You want to put your best case forward, make a good and strong impression, fully illuminate that you really deserve citizenship. OK, the actual, technical burden of proof does not require you to do that, but as a practical matter things go a lot, lot easier if you do. The burden of proof is on you. You have a good deal of homework to do now. Good idea to do it. Good idea to go back to your calculations and try to see it from the point of view of CIC, just so you are prepared to address their version of things. Be impeccably honest and thorough in responding to the RQ. Follow the instructions carefully. Pay attention to details. Do not rely on memory but retrieve as many original documents as you can, compare dates and other details, get all the information right, work addresses, home addresses, telephone numbers, dates, all exits and re-entries into Canada, all of them, not just the ones that are reflected in passport stamps. Here too the burden is on you to fully account for all travel abroad . . . and you will probably have to do so right for right up to the date you submit the application. |
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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 |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Small correction or clarification:
I said:
This may be misleading. Of course you want your response to the RQ, including especially in responding to the item that asks you to submit additional information on your behalf, to set forth and emphasize the strengths of your case, and thus you want to highlight all the information and documentation that proves actual dates on which you were engaged in some activity in Canada (employer records showing appearance at a Canadian job site are among the best things one can present, especially if such records show regular attendance at a Canadian employer's job site over the course of the three years plus one declares they were present in Canada) and the information and documentation that illustrates the nature and extent of your ties to a residence in Canada. Both. But, what I was trying to alert you to is that it is really important to objectively conduct a self-examination of your case looking for the weaknesses, for the arguments why you do not deserve citizenship, so you can see those and adequately answer them, so you can prove to the contrary. |
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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 |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Another correction, and an important one:
(was rushing my responses a bit) You will almost undoubtedly have to submit disclosures of all residential and work addresses, and travel outside Canada, for right up to the date you submit the reply to the RQ . . . well beyond the date you submitted the application. |
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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 |
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