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Difference in absense FROM date & passport stamp

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EasyRider View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote EasyRider Quote  Post ReplyReply Direct Link To This Post Topic: Difference in absense FROM date & passport stamp
    Posted: 04 Apr 2012 at 1:23pm
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 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pipedream Quote  Post ReplyReply Direct Link To This Post Posted: 04 Apr 2012 at 1:35pm
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..

thanks
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BlackRacon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BlackRacon Quote  Post ReplyReply Direct Link To This Post Posted: 04 Apr 2012 at 1:39pm
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????.   
 
Racon
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hunter2 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote hunter2 Quote  Post ReplyReply Direct Link To This Post Posted: 05 Apr 2012 at 11:14pm
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 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kfq Quote  Post ReplyReply Direct Link To This Post Posted: 06 Apr 2012 at 10:01am

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 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 06 Apr 2012 at 10:49am

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.

Quote EasyRider:
Quote 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.


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 the worried applicant:


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).


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 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 06 Apr 2012 at 11:02am

Quote kfq:
Quote (info from operation manual regarding PR residency examinations


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?

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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