Difference in absense FROM date & passport stamp |
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EasyRider
Top Member Joined: 02 Mar 2010 Location: Montreal Status: Offline Points: 1512 |
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Posted: 04 Apr 2012 at 1:23pm |
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If one leaves Canada e.g. 23rd and arrives to Europe 24th overnight, one gets "24th" stamp in passport. In residence from though one should put "23rd", but it creates descipancy.
Are officers at the tests trained well enough to routinely recognize this properly? I'm just a little bit worried after hearing some stories about neglect shown by officers at the tests. I've got a vibe that in case of CIC you're always at risk of dealing with incompetent people with fragile egos. |
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pipedream
Junior Member Joined: 03 Jan 2012 Status: Offline Points: 75 |
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That's a good question, even I had that question while filling out that form..but I just went ahead with the date on the Passport...Now am I wondering if the guy asks me ..if I left the day before or what....If someone can write their experience with the officer...that will be great..
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BlackRacon
Senior Member Joined: 16 Oct 2010 Status: Offline Points: 349 |
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Hi EasyRider,
You need to make your best effort and due deligence. You write the exact date you left Canada and the exact date you cameback to Canada too. I believe CIC officers are very familiar with such issues. Do your part at your best knowledge and things will be fine. Moreover, I advise everyone who likes to apply for citizenship to have some extra days rather than the exact required of 1095 of physical presence in Canada and deal with these days as his/her emergency or stand by plan. It is better for everyone to release him/herself from unnecessary stress and questionmarks????.
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Racon
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hunter2
Junior Member Joined: 03 May 2011 Status: Offline Points: 12 |
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Personally I put the dates when I left Canada, because this is what they ask for. In some cases the corresponding entry stamp was two days off even due to long flights and in some cases there was no entry stamp (due to home country not stamping). During the interview they paid more attention to the Canadian entry stamps than other country entry stamps. I was carrying a printout of the corresponding flight reservations just in case, but there was no need. The officers seem to be quite competent in this actually, given how fast they were checking the stamps.
Also, if you put the date on the stamp, you could be essentially lying in your favor by a day -- and the probability they notice that is likely the same as them noticing a discrepancy by one day. If I were you I'd wait at least 1095 days + the number of discrepancy days before sending the application, just to be safe.
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kfq
Junior Member Joined: 07 Aug 2011 Status: Offline Points: 113 |
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12. Procedure: Guidelines for examining the residency obligation The following general guidelines are designed to assist officers who are examining compliance with residency obligations and making decisions on retention and loss of permanent residency status. The guidelines are not meant to be all-inclusive or limiting. Section of the Act/ Regulations Examining the Act Suggested information and documentary evidence A28(2)(a)(i): Whether a permanent resident has been physically present in Canada with respect to a five-year period for at least 730 days in that five-year period. A permanent resident may be away from Canada for three years in every five-year period, for any reason, and be in compliance with the residency obligation. Accordingly, if the applicant satisfies an officer that they have been physically present in Canada for at least 730 days in the five-year period being examined, it is not necessary to examine or assess other factors regarding the reason for the absence. If the absence was due to employment abroad, there is no need to further examine if the employment was with a “Canadian business.” The person would simply be found to have satisfied their residency obligation pursuant to A28(2)(a)(i). There is no one document that can definitively establish a person’s physical presence in Canada. However, documents will tend to confirm and support the person’s declarations concerning residence, employment and other aspects of daily life. Officers should consider all information and supporting documentation that could serve to provide sufficient evidence that the permanent resident was physically present in Canada for at least 730 days in the fiveyear period under examination. Supporting documentary evidence, as applicable, may include: proof of employment, attendance at school, banking activity, financial records and statements, receipt of government benefits, records of personal services, community involvement, memberships, etc. Also to be considered are RRPs issued to the applicant under previous legislation that pertain to the five-year period under examination. A28(2)(b)(i): If a permanent resident for less than five years, must demonstrate that they will be able to meet the residency obligation during the five-year period immediately following their becoming a permanent resident. A permanent resident who has had the status less than five years qualifies under the residency obligation, even if away from Canada for up to three years following the date of arrival in Canada, provided they can potentially meet the 730- day criteria during the five-year period immediately after arrival in Canada. Supporting documentary evidence, as applicable, may include: proof of employment, attendance at school, banking activity, financial records and statements, receipt of government benefits, records of personal services, community involvement, memberships, etc. Also to be considered are RRPs issued to the applicant under previous legislation that pertain to the five-year period under |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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I do not think there is any question about how to complete the residency calculation disclosure in regards to dates: completely and accurately identify all dates of exit from Canada (those being the day the PR left Canada) and all dates of re-entry into Canada (and if it is five minutes past midnight at the POE, it is that day, not the day it was at one minute before midnight). I do not think there is much doubt about how long to wait to apply: foremost, wait until one has well-passed the 1095 day threshold for actual physical presence, and secondly be cognizant of potential issues and the more there are potential issues, the longer one should wait, the more of a margin over the 1095 the prudent applicant will wait. As hunter2 suggests, wait at least longer than any potential discrepancies that may appear in one's travel documents or other records. I suggest more patience and a longer wait than that.
Most of the evidence indicates that CIC personnel are indeed trained well enough to routinely recognize, and understand, a vast range of vagaries in individual circumstances and records. That's a big part of their job and training. That leads to the other part of your query in this regard (worried . . . and "got a vibe"): While obviously, in any bureaucracy one is going to occasionally encounter some personnel who are cavalier, callous, incompetent, lazy, biased, or otherwise not a model civil servant. And, sure, we see some reports suggesting encounters characterized as one or the other of these. In context though, the overwhelming indications are that this is not common, perhaps actually quite rare, and that is assuming virtually all the reports we see alleging such an encounter are fairly accurate. But many of those reports are undoubtedly not that accurate. And this has to do with the other side of the coin regarding just how well trained CIC personnel are and just how acute their perceptions are, how well they recognize , and understand, a vast range of vagaries in individual circumstances and records. I believe they do this a lot, lot better than a significant number of applicants would like. Of course this is well into the opinion side of things but it sure looks, to me, like they routinely process thousands (perhaps tens of thousands) of files containing minor mistakes, minor inconsistencies even discrepancies, this or that incongruity, without a hitch, and that they do so not because they are overlooking these things but because they have the capacity to put these things into context and can grasp the underlying essence of the applicant's information. In contrast, in doing that they also recognize mistakes, inconcistencies, discrepancies, incongrities, anomalies, that they can appropriately (usually, not perfectly of course) identify as red flags, as signalling an issue that, at the least, warrants a closer examination. Again, I suspect, well, actually I believe, they do this far better than more than a few applicants would like. For anyone concerned that their reported date of exit from Canada is different from the stamped date of entry at their destination, the explanation box in the online Residency Calculator has plenty of room to specifically add a note as to the date of entry for the country. Not only would that fully clarify, actually the applicant is supposed to include in that box information as to all countries to which the applicant traveled during that absence from Canada, and so the prudent thing would be to identify all countries and dates of entry into each respective country. I am not at all sure but I get the sense that a lot of applicants tend to minimize the amount of information they include in the "reason" box. For most, probably OK, especially if indeed the briefly stated reason is consistent with the destination and duration of the trip, and is something that is consistent with who the applicant is otherwise. In contrast, someone who is regularly employed in Canada and who reports a three month trip abroad and just puts "holiday" into the reason box, well, duh, they are inviting questions (while I suppose an obviously affluent person might take three month holidays, very few working or middle class persons take more than two, maybe four week "holidays," and so if it is longer than that, there is cause to at least inquire further into the reason). In any event: The "reason" box is the applicant's opportunity to make a notation that will explain most apparent incongruities in the travel dates. For those who recognize that they do have such an incongruity, take the opportunity. For example: perhaps the applicant whose international travel is mostly documented by stamps in the passport but who notices some missing stamps might add a parenthetical in the reason box for that trip: "(not stamped in passport)" . . . although, generally, the vast majority of applicants should not need to worry about this sort of thing so long as they have accurately and completely reported all travel and adequately explained the reason for the trip (being sure to include reference to all countries visited during that trip, and for this I would include those transited . . . so if the flight went through the UK, even if you only were in the airport, Heathrow say, for two hours, include it). |
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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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While the cited operational manual guideline for examining PRs regarding compliance with the PR residency obligation offers some insight into the examination of residency generally, it really is not relevant to this topic. CP 5 and the appendix therein (regarding assessing declared residence) is more relevant but even that is not that relevant to the query discussed here, which is about residency calculation disclosures in a citizenship application and how they might be compared to incongruous appearing stamps in the citizenship applicant's passport or other travel documents. By the way, any update on your status? |
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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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