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Calculation of 1095 days for Citizenship!

Calculation of 1095 days for Citizenship!

Old Oct 14th 2002, 8:12 am
  #1  
Jani
Guest
 
Posts: n/a
Default Calculation of 1095 days for Citizenship!

I am wondering if some one can guide me regarding calculation of 1095
days stay requirement for citizenship.

I am landed immigrant in Canada since June 01, 2000 and on June
01,2003 I will complete three years requirement, but during last two
and half years, I traveled to other countries on short trips. Since my
trips were just for pleasure and I kept my residence in canada during
all this time (I didn't rented or owned a place in any other country
for my stay rather stayed with relatives, friends or in hotels). So
now while I will calculating my 1095 days stay, do I need to substract
that time?

Thanks

Jaani
 
Old Oct 14th 2002, 8:19 am
  #2  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

Yes, you need to list and subtract all days of absence from Canada. Only in the
case of 1 day trips you don't need to subtract them, although you must list
them too. For example you left Canada on day 1 and returned very next day -
there is no day of absence to be subtracted as each day a part of you were in
Canada is counted as day in Canada. But if you left in the morning of day one
and returned in the evening of day 4 then you were absent 2 days (day 2 and 3).
But again - all absences must be listed, even with 0 days of absence.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.-
liveadvice.com/andrewmiller_canada

________________________________


"Jani" wrote in message
news:f962ac87.0210141212.-
[email protected]
...
    > I am wondering if some one can guide me regarding calculation of 1095
    > days stay requirement for citizenship.
    > I am landed immigrant in Canada since June 01, 2000 and on June
    > 01,2003 I will complete three years requirement, but during last two
    > and half years, I traveled to other countries on short trips. Since my
    > trips were just for pleasure and I kept my residence in canada during
    > all this time (I didn't rented or owned a place in any other country
    > for my stay rather stayed with relatives, friends or in hotels). So
    > now while I will calculating my 1095 days stay, do I need to substract
    > that time?
    > Thanks
    > Jaani
 
Old Oct 14th 2002, 8:44 am
  #3  
Forum Regular
 
Joined: Oct 2002
Posts: 57
Bud4life is an unknown quantity at this point
Default Re: Calculation of 1095 days for Citizenship!

Originally posted by Jani:
I am wondering if some one can guide me regarding calculation of 1095
days stay requirement for citizenship.

I am landed immigrant in Canada since June 01, 2000 and on June
01,2003 I will complete three years requirement, but during last two
and half years, I traveled to other countries on short trips. Since my
trips were just for pleasure and I kept my residence in canada during
all this time (I didn't rented or owned a place in any other country
for my stay rather stayed with relatives, friends or in hotels). So
now while I will calculating my 1095 days stay, do I need to substract
that time?

Thanks

Jaani
Yes Jaani, you subtract all the days you've been out of Canada. It doesn't matter for what purpose you have gone out.

Bud
Bud4life is offline  
Old Oct 15th 2002, 5:07 am
  #4  
pkjmet
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Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

Bud4life wrote in message news:...
    > Originally posted by Jani:
    > > I am wondering if some one can guide me regarding calculation of 1095
    > > days stay requirement for citizenship.
    > >
    > > I am landed immigrant in Canada since June 01, 2000 and on June
    > > 01,2003 I will complete three years requirement, but during last two
    > > and half years, I traveled to other countries on short trips. Since my
    > > trips were just for pleasure and I kept my residence in canada during
    > > all this time (I didn't rented or owned a place in any other country
    > > for my stay rather stayed with relatives, friends or in hotels). So
    > > now while I will calculating my 1095 days stay, do I need to substract
    > > that time?
    > >
    > > Thanks
    > >
    > > Jaani
    > >
    > Yes Jaani, you subtract all the days you've been out of Canada. It
    > doesn't matter for what purpose you have gone out.
    > Bud

You do not state the number of days you were absent? You do not need
to have 1095 days of phyical presence to apply. For example if you
were on holidays outside of canada for 90 days in the past 3 years you
could still apply as you have centralized you life in Canada. If you
were absent for a longer period of time you may be invited to
discuss the numbers with a judge.

INcidently you count the nights not the days you were absent. If you
go to the USA for an afternoon you do not count the day but if it is
overnight you count it.


Jim Metcalfe Consultant
 
Old Oct 15th 2002, 10:23 am
  #5  
Narayan Krishnamoorthy
Guest
 
Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

Hi!

Actually, I applied for Citizenship a few months back (August 28th, 2002 to
be exact) and called CIC to find out (had to be on hold for about 45mins
     )

The official word is that You need to count _ALL_ absences from within
Canada. Even if you spend an minute outside of Canada you need to count that
as a day out.

The classic example (given by the officer who I spoke to) is that a person
leaves canada at 11.59p and comes back at 12.01a the next day, it is counted
as 2 days outside of Canada. When I told the officer that I don't remember
all the days I was out, the offiicer said, "Just do your best, and that will
be good enough! We have no way of checking anyway, so just do your best"...
This is from the proverbial horse's mouth. I just reconstructed all my
departures (using US Immigration seals) and put in those dates.

Of course, like the other posters have mentioned, if you have based your
life on canada, and have gone on vacation, you may be able to get by with
less... If you still want confirmation, I would call CIC -- after all they
are the ones who make all the rules.

Cheers!
Narayan.

"Jani" wrote in message
news:f962ac87.0210141212.-
[email protected]
...
    > I am wondering if some one can guide me regarding calculation of 1095
    > days stay requirement for citizenship.
    > I am landed immigrant in Canada since June 01, 2000 and on June
    > 01,2003 I will complete three years requirement, but during last two
    > and half years, I traveled to other countries on short trips. Since my
    > trips were just for pleasure and I kept my residence in canada during
    > all this time (I didn't rented or owned a place in any other country
    > for my stay rather stayed with relatives, friends or in hotels). So
    > now while I will calculating my 1095 days stay, do I need to substract
    > that time?
    > Thanks
    > Jaani
 
Old Oct 15th 2002, 5:23 pm
  #6  
Rich Wales
Guest
 
Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

Jim Metcalfe wrote:

> You do not need to have 1095 days of phyical presence to
> apply. For example, if you were on holidays outside of
> Canada for 90 days in the past 3 years, you could still
> apply as you have centralized you life in Canada.

At one time, I know this was true. However, it was my under-
standing that CIC had been taking a considerably narrower view
of "residence" in recent years -- and that, nowadays, =anything=
less than a full 1,095 days of literal, physical presence in
Canada could easily result in a searching review of your appli-
cation by a citizenship judge.

To be sure, the current citizenship law still does not define
"residence", and there are numerous court rulings upholding
the idea that residence does not have to be exactly the same
as physical presence, but it appears that CIC is of a mind to
keep on fighting the battle -- even to the extent of retro-
actively challenging people who have already been naturalized
in some cases where it appears they fell short of the strict
interpretation of "residence".

Given this situation, I would propose that it might not be worth
getting into such a fight -- and that an applicant for citizenship
would probably be better off just waiting a little while longer
until he's indisputably met the requirement through a full 1,095
days of physical presence in Canada.

The government did try to push a new citizenship law through
Parliament a couple of years ago, of course, which would have
strictly defined "residence" as meaning =only= physical presence
in Canada. That bill got bogged down in a Senate committee and
died without becoming law -- but it's certainly conceivable that
the government could revive it at any time. I assume that CIC's
current strict interpretation of "residence" was influenced in
large part by the same reasoning that led to this rule in the
proposed legislation.

> Incidentally, you count the nights not the days you were
> absent. If you go to the USA for an afternoon you do not
> count the day, but if it is overnight you count it.

Do you have a reference for this? My understanding (was I mis-
taken?) was that any day during which one was physically in
Canada (for any amount of time, and at any time during the day)
qualified as a day spent in Canada for purposes of meeting CIC's
current interpretation of the residence requirement.

Rich Wales [email protected]
http://www.richw.org
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old Oct 16th 2002, 3:15 am
  #7  
\"Half-Canadian\
Guest
 
Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

"Rich Wales" wrote in message
news:20021016050329.-
[email protected]
...
    > Jim Metcalfe wrote:
    > > You do not need to have 1095 days of phyical presence to
    > > apply. For example, if you were on holidays outside of
    > > Canada for 90 days in the past 3 years, you could still
    > > apply as you have centralized you life in Canada.
    > At one time, I know this was true. However, it was my under-
    > standing that CIC had been taking a considerably narrower view
    > of "residence" in recent years -- and that, nowadays, =anything=
    > less than a full 1,095 days of literal, physical presence in
    > Canada could easily result in a searching review of your appli-
    > cation by a citizenship judge.
    > To be sure, the current citizenship law still does not define
    > "residence", and there are numerous court rulings upholding
    > the idea that residence does not have to be exactly the same
    > as physical presence, but it appears that CIC is of a mind to
    > keep on fighting the battle -- even to the extent of retro-
    > actively challenging people who have already been naturalized
    > in some cases where it appears they fell short of the strict
    > interpretation of "residence".
    > Given this situation, I would propose that it might not be worth
    > getting into such a fight -- and that an applicant for citizenship
    > would probably be better off just waiting a little while longer
    > until he's indisputably met the requirement through a full 1,095
    > days of physical presence in Canada.
    > The government did try to push a new citizenship law through
    > Parliament a couple of years ago, of course, which would have
    > strictly defined "residence" as meaning =only= physical presence
    > in Canada. That bill got bogged down in a Senate committee and
    > died without becoming law -- but it's certainly conceivable that
    > the government could revive it at any time. I assume that CIC's
    > current strict interpretation of "residence" was influenced in
    > large part by the same reasoning that led to this rule in the
    > proposed legislation.
    > > Incidentally, you count the nights not the days you were
    > > absent. If you go to the USA for an afternoon you do not
    > > count the day, but if it is overnight you count it.
    > Do you have a reference for this? My understanding (was I mis-
    > taken?) was that any day during which one was physically in
    > Canada (for any amount of time, and at any time during the day)
    > qualified as a day spent in Canada for purposes of meeting CIC's
    > current interpretation of the residence requirement.
    > Rich Wales [email protected]
    > http://www.richw.org
    > *NOTE: I've lived in both Canada and the US and have dual citizenship.
    > *DISCLAIMER: I am not a lawyer, professional immigration consultant,
    > or consular officer. My comments are for discussion purposes only and
    > are not intended to be relied upon as legal or professional advice.


I sent in my citizenship application in May of this year, and had reason to
phone the CIC office in Vancouver to clarify this point prior to completing
my application -- what exactly constitutes physical presence in Canada for
the purpose of counting days absent from the country.

I was told by the individual at CIC (again, this is just one person's advice
over the phone) that I needed only to report days absent when it was a full
day outside Canada -- for example if I left midday on Monday and returned
Wednesday evening, I would list the three days of travel but only count one
day (Tuesday) of absence.

In my own case, I frequently make short trips to the US during the week to
pick up mail, as I maintain a US post office box mailing address for my
business. The CIC agent in Vancouver told me that I did not need to report
these "day trips" on my application, as these types of trips did not
constitute physical absence for the purpose of counting the days of
residence for citizenship requirement. It's a good thing, too -- otherwise
I would have had a list of at least 500 dates when I was absent from Canada
for about 20 minutes while collecting my mail!

By the way, I did wait to submit my application until I had accumulated the
full 1095 days of physical presence, which (using the above guidelines) for
me required waiting an additional 19 days. The CIC agent advised that I
wait those extra few days to make sure my application wasn't returned, or to
avoid having to appear before a citizenship judge to defend my "early"
application submittal (which would certainly create more of a delay than
waiting the 19 days did).

"Half-Canadian"
 
Old Oct 16th 2002, 4:11 am
  #8  
Ron Beirnes
Guest
 
Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

On Wed, 16 Oct 2002 05:23:17 +0000 (UTC), [email protected] (Rich Wales)
wrote:

    >Jim Metcalfe wrote:
    > > You do not need to have 1095 days of phyical presence to
    > > apply. For example, if you were on holidays outside of
    > > Canada for 90 days in the past 3 years, you could still
    > > apply as you have centralized you life in Canada.
    >At one time, I know this was true. However, it was my under-
    >standing that CIC had been taking a considerably narrower view
    >of "residence" in recent years -- and that, nowadays, =anything=
    >less than a full 1,095 days of literal, physical presence in
    >Canada could easily result in a searching review of your appli-
    >cation by a citizenship judge.
    >To be sure, the current citizenship law still does not define
    >"residence", and there are numerous court rulings upholding
    >the idea that residence does not have to be exactly the same
    >as physical presence, but it appears that CIC is of a mind to
    >keep on fighting the battle -- even to the extent of retro-
    >actively challenging people who have already been naturalized
    >in some cases where it appears they fell short of the strict
    >interpretation of "residence".
    >Given this situation, I would propose that it might not be worth
    >getting into such a fight -- and that an applicant for citizenship
    >would probably be better off just waiting a little while longer
    >until he's indisputably met the requirement through a full 1,095
    >days of physical presence in Canada.
    >The government did try to push a new citizenship law through
    >Parliament a couple of years ago, of course, which would have
    >strictly defined "residence" as meaning =only= physical presence
    >in Canada. That bill got bogged down in a Senate committee and
    >died without becoming law -- but it's certainly conceivable that
    >the government could revive it at any time. I assume that CIC's
    >current strict interpretation of "residence" was influenced in
    >large part by the same reasoning that led to this rule in the
    >proposed legislation.
    > > Incidentally, you count the nights not the days you were
    > > absent. If you go to the USA for an afternoon you do not
    > > count the day, but if it is overnight you count it.
    >Do you have a reference for this? My understanding (was I mis-
    >taken?) was that any day during which one was physically in
    >Canada (for any amount of time, and at any time during the day)
    >qualified as a day spent in Canada for purposes of meeting CIC's
    >current interpretation of the residence requirement.
    >Rich Wales [email protected]
    >http://www.richw.org
    >*NOTE: I've lived in both Canada and the US and have dual citizenship.
    >*DISCLAIMER: I am not a lawyer, professional immigration consultant,
    >or consular officer. My comments are for discussion purposes only and
    >are not intended to be relied upon as legal or professional advice.
Contrary to what is implied in this letter and consistent with what my
old friend Jim has said you need only accumulate 1095 days as a
permanent resident in order to file your citizenship application. We
have had numerous cases that were outside of Canada for upwards or 200
-400 days and in the latter cases they were all requested to provide
the detailed questionnaire and in most cases not all they were
interviewed by a citizeshship judge who would make the determination
as to their centralized mode of living that is were they acutally
making their home in Canada and simply traveling occasionally for
business or pleasure. If you have accumulated the 1095 days and have
spent a month or so out of Canada each year on vacation you can file
immediatel with little risk of having the application refused this is
consistent with any person making their permanent home in Canada.
Ron Beirnes
R.B. Global Immigration Consultants Ltd.
1540-1100 Melville St.
Vancouver, BC V6E 4A6
Phone (604) 688-3081 fax 688-3015
email [email protected]
Webb page
http://www3.telus.net/rbglobal
 
Old Oct 16th 2002, 4:38 am
  #9  
Forum Regular
 
Joined: Oct 2002
Posts: 57
Bud4life is an unknown quantity at this point
Default Re: Calculation of 1095 days for Citizenship!

When you move between Canada and US, your Passport is not stamped and actually there is no proof that you left Canada. I think in this case you don't count days when you travel between Canada and US by Car or when your passport is not stamped, unless you travel by air, where your passport is stamped going out and coming in to Canada and there is proof you were out for so many days.

Bud.
Bud4life is offline  
Old Oct 16th 2002, 5:11 am
  #10  
Andrew Miller
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Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

I agree with what Jim and Ron stated, although IMHO it is not advised to apply
too early. If you were absent for a month or even few months in total then by
applying with such absences you will undergo more scrutiny in the process and
you will be called for sure for the interview with the judge. In most cases as
Ron described judge will grant citizenship, but there is always a risk that
s/he will not. And the most important fact - additional scrutiny and interview
with judge will add to the process few more months then just the period of
absence in dispute - so, it is not worth to apply without really accumulating
1,095 days of physical residence. Time lost in the process and a risk are not
worth it...

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.-
liveadvice.com/andrewmiller_canada

________________________________


"ron beirnes" wrote in message
news:[email protected]
t
...

    > Contrary to what is implied in this letter and consistent with what my
    > old friend Jim has said you need only accumulate 1095 days as a
    > permanent resident in order to file your citizenship application. We
    > have had numerous cases that were outside of Canada for upwards or 200
    > -400 days and in the latter cases they were all requested to provide
    > the detailed questionnaire and in most cases not all they were
    > interviewed by a citizeshship judge who would make the determination
    > as to their centralized mode of living that is were they acutally
    > making their home in Canada and simply traveling occasionally for
    > business or pleasure. If you have accumulated the 1095 days and have
    > spent a month or so out of Canada each year on vacation you can file
    > immediatel with little risk of having the application refused this is
    > consistent with any person making their permanent home in Canada.
    > Ron Beirnes
    > R.B. Global Immigration Consultants Ltd.
    > 1540-1100 Melville St.
    > Vancouver, BC V6E 4A6
    > Phone (604) 688-3081 fax 688-3015
    > email [email protected]
    > Webb page
    > http://www3.telus.net/rbglobal

    > On Wed, 16 Oct 2002 05:23:17 +0000 (UTC), [email protected] (Rich Wales)
    > wrote:
    > >Jim Metcalfe wrote:
    > >
    > > > You do not need to have 1095 days of phyical presence to
    > > > apply. For example, if you were on holidays outside of
    > > > Canada for 90 days in the past 3 years, you could still
    > > > apply as you have centralized you life in Canada.
    > >
    > >At one time, I know this was true. However, it was my under-
    > >standing that CIC had been taking a considerably narrower view
    > >of "residence" in recent years -- and that, nowadays, =anything=
    > >less than a full 1,095 days of literal, physical presence in
    > >Canada could easily result in a searching review of your appli-
    > >cation by a citizenship judge.
    > >
    > >To be sure, the current citizenship law still does not define
    > >"residence", and there are numerous court rulings upholding
    > >the idea that residence does not have to be exactly the same
    > >as physical presence, but it appears that CIC is of a mind to
    > >keep on fighting the battle -- even to the extent of retro-
    > >actively challenging people who have already been naturalized
    > >in some cases where it appears they fell short of the strict
    > >interpretation of "residence".
    > >
    > >Given this situation, I would propose that it might not be worth
    > >getting into such a fight -- and that an applicant for citizenship
    > >would probably be better off just waiting a little while longer
    > >until he's indisputably met the requirement through a full 1,095
    > >days of physical presence in Canada.
    > >
    > >The government did try to push a new citizenship law through
    > >Parliament a couple of years ago, of course, which would have
    > >strictly defined "residence" as meaning =only= physical presence
    > >in Canada. That bill got bogged down in a Senate committee and
    > >died without becoming law -- but it's certainly conceivable that
    > >the government could revive it at any time. I assume that CIC's
    > >current strict interpretation of "residence" was influenced in
    > >large part by the same reasoning that led to this rule in the
    > >proposed legislation.
    > >
    > > > Incidentally, you count the nights not the days you were
    > > > absent. If you go to the USA for an afternoon you do not
    > > > count the day, but if it is overnight you count it.
    > >
    > >Do you have a reference for this? My understanding (was I mis-
    > >taken?) was that any day during which one was physically in
    > >Canada (for any amount of time, and at any time during the day)
    > >qualified as a day spent in Canada for purposes of meeting CIC's
    > >current interpretation of the residence requirement.
    > >
    > >Rich Wales [email protected]
    > >http://www.richw.org
    > >*NOTE: I've lived in both Canada and the US and have dual citizenship.
    > >*DISCLAIMER: I am not a lawyer, professional immigration consultant,
    > >or consular officer. My comments are for discussion purposes only and
    > >are not intended to be relied upon as legal or professional advice.
 
Old Oct 16th 2002, 7:18 am
  #11  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

I'm sorry but this is the most naive and irresponsible advice in this forum so
far today...

It is not about stamps in the passport - it is about how you can prove that you
were in Canada in days claimed. CIC doesn't need to prove anything, although
there are things like access to airline records, shared database with American
INS, photos of your car license plates scanned and entered into the system when
crossing the border, trails left by using credit and bank cards outside
Canada - you name it..., if they want to verify where you were then they have
the tools...

But again - it is your burden to prove when asked that you were in Canada when
claimed.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.-
liveadvice.com/andrewmiller_canada

________________________________


"Bud4life" wrote in message
news:445599.1034786283@britishexpats-
.com
...
    > When you move between Canada and US, your Passport is not stamped and
    > actually there is no proof that you left Canada. I think in this case
    > you don't count days when you travel between Canada and US by Car or
    > when your passport is not stamped, unless you travel by air, where your
    > passport is stamped going out and coming in to Canada and there is proof
    > you were out for so many days.
    > Bud.
    > --
    > Have Fun Go Mad ) !!
    > Posted via http://britishexpats.com
 
Old Oct 16th 2002, 8:04 am
  #12  
Forum Regular
 
Joined: Oct 2002
Posts: 57
Bud4life is an unknown quantity at this point
Default Re: Calculation of 1095 days for Citizenship!

Originally posted by Andrew Miller:
I'm sorry but this is the most naive and irresponsible advice in this forum so
far today...

It is not about stamps in the passport - it is about how you can prove that you
were in Canada in days claimed. CIC doesn't need to prove anything, although
there are things like access to airline records, shared database with American
INS, photos of your car license plates scanned and entered into the system when
crossing the border, trails left by using credit and bank cards outside
Canada - you name it..., if they want to verify where you were then they have
the tools...

But again - it is your burden to prove when asked that you were in Canada when
claimed.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.-
liveadvice.com/andrewmiller_canada

________________________________


"Bud4life" wrote in message
news:445599.1034786283@britishexpats-
.com
...
    > When you move between Canada and US, your Passport is not stamped and
    > actually there is no proof that you left Canada. I think in this case
    > you don't count days when you travel between Canada and US by Car or
    > when your passport is not stamped, unless you travel by air, where your
    > passport is stamped going out and coming in to Canada and there is proof
    > you were out for so many days.
    > Bud.
    > --
    > Have Fun Go Mad ) !!
    > Posted via http://britishexpats.com
Andew I am not an expert like you and I don't suggest anyone to NOT to count days when you are out of Canada. But there are always not the proof you are out of Canada. I repeat again I M NOT an Expert. But what if I go to US with my brother for a family vacations in his car, and stay in US for about 15 days and don't use Credit Cards and stuff which prove that I was in US. How could anyone prove that I was out of CANADA.

I am not arguing with you here as you are an expert and I just write thing out of my experience.

Thanks
Bud.
Bud4life is offline  
Old Oct 16th 2002, 10:54 am
  #13  
Andrew Miller
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Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

Bud,

You are still missing the point - CIC doesn't need to prove anything. It is the
applicant who must prove when asked that s/he was in Canada in claimed days.
S/he must prove, not just state. It doesn't matter that you drove in your
brother's car and you didn't use credit card while in US. How you will prove
that you were in Canada during those 15 days while in US? You obviously will
not have credit card slips to prove it...

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.-
liveadvice.com/andrewmiller_canada

________________________________


"Bud4life" wrote in message
news:445821.1034798680@britishexpats-
.com
...

    > > Andew I am not an expert like you and I don't suggest anyone to NOT to
    > count days when you are out of Canada. But there are always not the
    > proof you are out of Canada. I repeat again I M NOT an Expert. But what
    > if I go to US with my brother for a family vacations in his car, and
    > stay in US for about 15 days and don't use Credit Cards and stuff which
    > prove that I was in US. How could anyone prove that I was out of CANADA.
    > I am not arguing with you here as you are an expert and I just write
    > thing out of my experience.
    > Thanks
    > Bud.
    > Originally posted by Andrew Miller:
    > > I'm sorry but this is the most naive and irresponsible advice in this
    > > forum so
    > > far today...
    > >
    > > It is not about stamps in the passport - it is about how you can prove
    > > that you
    > > were in Canada in days claimed. CIC doesn't need to prove anything,
    > > although
    > > there are things like access to airline records, shared database with
    > > American
    > > INS, photos of your car license plates scanned and entered into the
    > > system when
    > > crossing the border, trails left by using credit and bank cards
    > > outside
    > > Canada - you name it..., if they want to verify where you were then
    > > they have
    > > the tools...
    > >
    > > But again - it is your burden to prove when asked that you were in
    > > Canada when
    > > claimed.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller
    > > Immigration Consultant
    > > Vancouver, British Columbia
    > > email: [email protected]
    > > (delete REMOVE from the above address before sending email)
    > >
    > > For confidential phone consultation go here:
    > >
    > > http://members.ya-
    > > hoo.liveadvice.com/andrewmiller_canada
    "]http:/-
    > > /members.yahoo.-
    > > liveadvice.com/andrewmiller_canada[/url]
    > > ________________________________
    > >
    > >
    > > "Bud4life" wrote in message
    > > news:445599.1034786283@britishex-
    > > pats.com
    "]news:445599.103478628-
    > > 3@britishexpats-
    > > .com[/url]...
    > > > When you move between Canada and US, your Passport is not
    > > stamped and
    > > > actually there is no proof that you left Canada. I think in this
    > > case
    > > > you don't count days when you travel between Canada and US by
    > > Car or
    > > > when your passport is not stamped, unless you travel by air,
    > > where your
    > > > passport is stamped going out and coming in to Canada and there
    > > is proof
    > > > you were out for so many days.
    > > > Bud.
    > > > --
    > > > Have Fun Go Mad ) !!
    > > > Posted via http://britishexpats.com/"][-
    > > > url="http://britishexpat-/"]http://britishexpat-[/url]
    > > s.com[/url]
    > >

    > --
 
Old Oct 16th 2002, 3:13 pm
  #14  
Forum Regular
 
Joined: Oct 2002
Posts: 57
Bud4life is an unknown quantity at this point
Default Re: Calculation of 1095 days for Citizenship!

Originally posted by Andrew Miller:
Bud,

You are still missing the point - CIC doesn't need to prove anything. It is the
applicant who must prove when asked that s/he was in Canada in claimed days.
S/he must prove, not just state. It doesn't matter that you drove in your
brother's car and you didn't use credit card while in US. How you will prove
that you were in Canada during those 15 days while in US? You obviously will
not have credit card slips to prove it...


Andew,

I understand what you mean. Now lets have some fun and discuss 2 cases:

Case for Mr. A

Mr. A arrived in Canada, say Vancouver, BC, on Jan 1, 1996. He starts working as soon as he comes here. His company provides him with 4 weeks of Vacation. He goes for 4 weeks of Vacations to his mother's house in Calgary. He drives from Vancouver and does all his tranaction, like buying food, gas, etc by Cash. He spends 4 weeks(20 days) in Calgary and comes back to Vancouver. He does exactly same thing every year for 3 year (20*3=60). Feb. 1 1999, he leaves and goes back to his country for a year. On Feb 1, 2000, he comes back and applies for his Citizenship.

Now my questions are:

1. Can Judge ask Mr. A to prove that he was in Canada for 30 missing days?

2. How can Mr. A prove that he actually was in Canada, if asked for?

3. If Mr. A can't prove that he was in Canada, can Judge reject his application?


Case for Mr. B

Everything is same EXCEPT his mother lives in Seattle and he rents a car and goes to Seattle to see his mother for 4 weeks

every Year.

Questions:

1. Can ANYONE prove that Mr. B was out of Canada?

2. If answer to question 1 is NO, will his application be accepted, even if he was out of Canada for for those 30 days.


I am just trying to learn from an expert like you, Andrew.
Bud.
Bud4life is offline  
Old Oct 16th 2002, 4:06 pm
  #15  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Calculation of 1095 days for Citizenship!

I just hate hypothetical...

But you asked for so here it goes:

Mr. A is already toasted as he was out of Canada for more than 183 days between
Feb 1999 and Feb 2000, so he didn't meet residency obligations then in place to
maintain his PR status.

As for Mr. B - again, CIC doesn't need to prove anything. Driving rented car
doesn't save Mr. B from being recorded by American immigration on entering US
and now both systems are linked. When Citizenship branch sends requests to CSIS
and RCMP for background check and to Immigration branch for PR status
verification few things may pop up and then Mr. B will be called for the
interview with the judge (additional 3 to 6 months added to the processing
time) and during such he will have to prove that he met residency requirements.

No more hypothetical questions...

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.-
liveadvice.com/andrewmiller_canada

________________________________


"Bud4life" wrote in message
news:446227.1034824419@britishexpats-
.com
...
    > Originally posted by Andrew Miller:
    > > Bud,
    > >
    > > You are still missing the point - CIC doesn't need to prove anything.
    > > It is the
    > > applicant who must prove when asked that s/he was in Canada in
    > > claimed days.
    > > S/he must prove, not just state. It doesn't matter that you drove
    > > in your
    > > brother's car and you didn't use credit card while in US. How you
    > > will prove
    > > that you were in Canada during those 15 days while in US? You
    > > obviously will
    > > not have credit card slips to prove it...
    > >
    > >
    > >
    > Andew,
    > I understand what you mean. Now lets have some fun and discuss 2 cases:
    > Case for Mr. A
    > Mr. A arrived in Canada, say Vancouver, BC, on Jan 1, 1996. He starts
    > working as soon as he comes here. His company provides him with 4
    > weeks of Vacation. He goes for 4 weeks of Vacations to his mother's
    > house in Calgary. He drives from Vancouver and does all his
    > tranaction, like buying food, gas, etc by Cash. He spends 4 weeks(20
    > days) in Calgary and comes back to Vancouver. He does exactly same
    > thing every year for 3 year (20*3=60). Feb. 1 1999, he leaves and
    > goes back to his country for a year. On Feb 1, 2000, he comes back
    > and applies for his Citizenship.
    > Now my questions are:
    > 1. Can Judge ask Mr. A to prove that he was in Canada for 30
    > missing days?
    > 2. How can Mr. A prove that he actually was in Canada, if asked for?
    > 3. If Mr. A can't prove that he was in Canada, can Judge reject his
    > application?
    > Case for Mr. B
    > Everything is same EXCEPT his mother lives in Seattle and he rents a car
    > and goes to Seattle to see his mother for 4 weeks
    > every Year.
    > Questions:
    > 1. Can ANYONE prove that Mr. B was out of Canada?
    > 2. If answer to question 1 is NO, will his application be accepted, even
    > if he was out of Canada for for those 30 days.
    > I am just trying to learn from an expert like you, Andrew.
    > Bud.
    > --
    > PS. Not an immigration expert. Just trying to help out of my experience.
 

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