Psychical presence interview

[Flavia89]

this is the manual way

https://drive.google.com/file/d/1gmqmSDi71c6jxfyXyRPq5wwXWVMfYVa5/view?usp=sharing

 

[johnyrose]

I just did the manual one again and got exactly 1095 ( 730 + 365)

The links that you posted- do they have the missing trips included?

 

[Flavia89]

The links that you posted- do they have the missing trips included?

Yes all the trips

 

[Flavia89]

I am begging you guys help me just how can I fight this since they are going to take it to hearing! she said it is an IT glitch but as you can see I did it manually as well

 

[johnyrose]

I am begging you guys help me just how can I fight this since they are going to take it to hearing! she said it is an IT glitch but as you can see I did it manually as well

@Flavia89 as other senior and very experienced members have mentioned you need to be 100% certain that you met the physical day requirement which is 1095 days otherwise there is, unfortunately, nothing you can do.

Yes, your calculations show that you have 1095 days but in this forum there is no way for the members to find out if you have any missing trip. As another member mentioned you can apply for a CBSA entry/exit info and show it to the officer/judge at the appropriate time.

Even if you retain a lawyer but you dont have the 1095 there is no argument.

I hope your day calculations are exact and you get through this.

 

[scylla]

I just did the manual one again and got exactly 1095 ( 730 + 365)

I'm confused. I thought you said that you had 1258. Why are you back down to 1095?

Anyway, my two cents. No one here can help you with the math. This is something you need to do yourself and be 100% sure that you have all of the right entry and exit dates. You've already made mistakes and missed trips so now is the time to slow down and triple check everything. Spend the weekend going through all of your travel history CAREFULLY and verify what you have entered in the spreadsheet against records like emails of flight bookings, credit card history, hotel bookings, etc. Check everything again and be 100% sure your dates are right. This is honestly the first step. It feels like your # of dates is still changing and you need to be 100% sure you have at least 1095 days before you try to argue anything.

 

[Flavia89]

I'm confused. I thought you said that you had 1258. Why are you back down to 1095?

Anyway, my two cents. No one here can help you with the math. This is something you need to do yourself and be 100% sure that you have all of the right entry and exit dates. You've already made mistakes and missed trips so now is the time to slow down and triple check everything. Spend the weekend going through all of your travel history CAREFULLY and verify what you have entered in the spreadsheet against records like emails of flight bookings, credit card history, hotel bookings, etc. Check everything again and be 100% sure your dates are right. This is honestly the first step. It feels like your # of dates is still changing and you need to be 100% sure you have at least 1095 days before you try to argue anything.

because I realized I can only claim only 365 days for my time as Worker before becoming PR

 

[ebs2cloud]

Did you consider date of signing? Has to be a day after eligibility

 

[Flavia89]

Did you consider date of signing? Has to be a day after eligibility

Yah even a day before I am elgibale! they thing is she considered the trips that I forgot to declare which all of them were before I got my PR as full and she messed it up

 

[Flavia89]

I just have 28 days absent after my PR!

 

[wink]

Why the agent might be saying you are falling short, you think? Just trying to understand IRCC's perspective...

 

[Flavia89]

Why the agent might be saying you are falling short, you think? Just trying to understand IRCC's perspective...

it is IRCC! Otherwise there would not be a big backlog

 

[dpenabill]

. . . my case is going to hearing . . . judge will decide what to do and I also asked can I withdraw my application before it goes to hearing and she said yes.

I will try to offer a more in-depth response later. For now . . .

I do not try to give advice, but if this is headed to a hearing with a Citizenship Judge (note: there is a chance it might not be), to withdraw and re-apply, as previously discussed, seems the way to go.

Talk to your lawyer, of course.

No fight necessary if you withdraw and re-apply (assuming you meet all the requirements as of when you make the new application).

As noted, however, there is a chance this application will not actually be referred to a Citizenship Judge for a hearing, that a Citizenship Officer will review the case and conclude you actually did meet the physical presence requirement and schedule you for the oath. Frankly that seems unlikely to me (but that gets into a very LONG STORY).

BUT if all your dates are correct, including the status, application, and travel dates you used in your manually done presence calculation (the one you linked here), if these are complete and correct, and these are in agreement with the processing agent's understanding, whether you do the calculation manually or you use the online calculator (it works), the presence calculation adds up to 1095 days total: 365 days for TR or PP credit. Plus 730 days presence as a PR.

Which might lead to being approved, not a CJ hearing.

Which, again, frankly, does not seem likely. I do not know for sure. Not even close. I will try to come back and explain, for what it is worth.

If you are sure this is headed for a CJ hearing, yeah, withdrawing and re-applying seems the way to go. At the least the faster way to get to the oath. And perhaps the ONLY path to becoming a citizen.

 

[Flavia89]

I will try to offer a more in-depth response later. For now . . .

I do not try to give advice, but if this is headed to a hearing with a Citizenship Judge (note: there is a chance it might not be), to withdraw and re-apply, as previously discussed, seems the way to go.

Talk to your lawyer, of course.

No fight necessary if you withdraw and re-apply (assuming you meet all the requirements as of when you make the new application).

As noted, however, there is a chance this application will not actually be referred to a Citizenship Judge for a hearing, that a Citizenship Officer will review the case and conclude you actually did meet the physical presence requirement and schedule you for the oath. Frankly that seems unlikely to me (but that gets into a very LONG STORY).

BUT if all your dates are correct, including the status, application, and travel dates you used in your manually done presence calculation (the one you linked here), if these are complete and correct, and these are in agreement with the processing agent's understanding, whether you do the calculation manually or you use the online calculator (it works), the presence calculation adds up to 1095 days total: 365 days for TR or PP credit. Plus 730 days presence as a PR.

Which might lead to being approved, not a CJ hearing.

Which, again, frankly, does not seem likely. I do not know for sure. Not even close. I will try to come back and explain, for what it is worth.

If you are sure this is headed for a CJ hearing, yeah, withdrawing and re-applying seems the way to go. At the least the faster way to get to the oath. And perhaps the ONLY path to becoming a citizen.

I really appreciate your response and concern.

I confirm I meet the requirements and I am not missing anything! I sent the case processing agent which I had my interview with ( it was an an officer) both the manual and online calculation form. I sent it to IRCC.GOAOttawaInterviews email. I also submitted it through webform inquiry just in case.

I also taking your advice and will talk to a lawyer on Monday! I just wish I had the case agent manager's email so I can send my documents to someone else as well in case she refuse to take a look at it! yesterday during my interview I begged her can we please do the calculation together and she refused. I applied 3 years a go and it hurts if I need to reapply when I meet all the requirements. Any advice if I should email anyone else?

Maybe my MP or Deputy minster

 

[Dreamlad]

I really appreciate your response and concern.

I confirm I meet the requirements and I am not missing anything! I sent the case processing agent which I had my interview with ( it was an an officer) both the manual and online calculation form. I sent it to IRCC.GOAOttawaInterviews email. I also submitted it through webform inquiry just in case.

I also taking your advice and will talk to a lawyer on Monday! I just wish I had the case agent manager's email so I can send my documents to someone else as well in case she refuse to take a look at it! yesterday during my interview I begged her can we please do the calculation together and she refused. I applied 3 years a go and it hurts if I need to reapply when I meet all the requirements. Any advice if I should email anyone else?

Maybe my MP or Deputy minster

Each day is counted as half day before your became PR as a temporary resident. She didn't know that?