how many days we can live outside of Canada continuously
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Author Topic: how many days we can live outside of Canada continuously  (Read 6498 times)
heart_of_skies
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« on: January 20, 2011, 10:05:24 pm »

Hi

I wanted to ask that we landed in March 2007 and in April 2007 we went back to home country. Again we came back in March 2008 and till now we are in Canada. That means we spent almost 3 years in Canada. We are still now in Canada and hoping that we will be able to apply for citizenship in March 2011.
Now my question is that the year we spent out side of Canada(April 2007 to March 2008) will create any problem for me to apply for Citizenship? I was away from Canada for almost 340 days continuously. We spent 1062 days already in Canada till now, 30 days in 2007 and now 1032 days from last 3 years. Please need help from seniors.
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Baloo
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« Reply #1 on: January 20, 2011, 10:12:48 pm »

Hi

I wanted to ask that we landed in March 2007 and in April 2007 we went back to home country. Again we came back in March 2008 and till now we are in Canada. That means we spent almost 3 years in Canada. We are still now in Canada and hoping that we will be able to apply for citizenship in March 2011.
Now my question is that the year we spent out side of Canada(April 2007 to March 2008) will create any problem for me to apply for Citizenship? I was away from Canada for almost 340 days continuously. We spent 1062 days already in Canada till now, 30 days in 2007 and now 1032 days from last 3 years. Please need help from seniors.

Does not look like a problem, you need a few more days though.

To become Canadian citizens, adults must have lived in Canada for at least three years (1,095 days) in the past four years before applying. Children under the age of 18 do not need to meet this requirement.

See this Information.

Appendix A: Residency obligation

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp


Citizenship info
http://www.cic.gc.ca/english/citizenship/become-eligibility.asp

Calculator
http://services3.cic.gc.ca/rescalc/resCalcStartNew.do?&lang=en
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I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
heart_of_skies
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« Reply #2 on: January 20, 2011, 10:27:30 pm »

Thanks Baloo

One more quick question....how many days continuously we can live outside of Canada in 5 years.
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Leon
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« Reply #3 on: January 21, 2011, 12:51:23 am »

It does not matter how long you stayed outside Canada continuously.  What matters is the total number of days.  They do not have the same requirements for PR and citizenship.

For PR, you can stay outside Canada for up to 1095 days in each rolling 5 year period.  When you apply to renew your PR card, you have to list your absences from Canada in the 5 years immediately previous to your application and if you come up with 1095 days or more, you have to explain if you have mitigating circumstances.  It is accepted if you were in another country working for your Canadian employer or accompanying a PR spouse working for a Canadian employer or accompanying a citizen spouse.  Anything other than that will cause your application to be reviewed because you have not met the residency requirements and they will then decide if they should let you keep your PR or not.

For citizenship, you must have stayed in Canada for 1095 days in the previous 4 years before you apply.  You must meet those requirements on the day before you sign your application.  Time in Canada more than 4 years ago does not count.  If your total absences from Canada are those 340 days between April 2007 and March 2008 and you took no vacations outside Canada since then, you would be able to apply for citizenship in February when you reach 1095 days.  If you took vacations outside Canada, that time away is also added to your 340 days away.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
heart_of_skies
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« Reply #4 on: January 21, 2011, 02:48:33 am »

I would like take this opportunity and want to thank you Leon from the bottom of my heart, you are great and the method you choose to answer any question is amazing, simple but detailed. You have had helped thousands of people which is amazing and great. Although its first time I got reply from you but I've been reading your replies from 2, 3 years. God bless you and other seniors like PMM.

Previous question was related to my brother, now I've questions for myself also. We landed on 27 September 2010. My wife went back to home country on 15 October 2010 to attend the marriage of her sister. I've got the PR of my wife and myself but didn't get the PR of my 3 years old son.  Now got the red letter asking for new picture for my son as many people are getting. Although got the SIN cards of all three of us.

I visited last night this forum and read the replies of yours and other seniors related to this problem and understand that my son need Travel Document to come back to Canada. I've downloaded the Travel Document form. In that form one part is out of my understanding which is GRAND TOTAL OF DAYS. In my wife's case her grand total 16(Inside Canada) + 96(Outside Canada) =112 days.

Now my questions are....

1- Do we have to answer the question no. 18? Which is related to, humanitarian and Compassionate Grounds. Her total is less than 730 days and she has been a Permanent Resident for less than five years ago. In our case we don't need to answer so can we leave that one empty? Or what?

2- My family stayed only 16 days in Canada so legally my son can get the Travel Document right?

3- For TD, Do they need to show/submit original document, other than previously visa stamped passports? Like landing papers? Sin Card? PR of wife as my son was accompanying with my wife, do she also need to show her PR in Canadian Embassy?

4- Can we send PR through courier? Or any other way to send the PR of my wife to her.

5- If someone is coming back to Canada on TD, then do they ask some strict questions on airport? Will they ask why you left Canada without having a PR? Or something likes that?

I shall be very thankful to you.
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Leon
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« Reply #5 on: January 21, 2011, 04:51:05 am »

1- Do we have to answer the question no. 18? Which is related to, humanitarian and Compassionate Grounds. Her total is less than 730 days and she has been a Permanent Resident for less than five years ago. In our case we don't need to answer so can we leave that one empty? Or what?

You don't have to worry.  If she is a PR for less than 3 years, it is not physically possible to not meet the residency requirements because she is allowed to stay outside Canada for up to 3 years in any 5 year period.  She can not be denied a travel document if she can still has time to stay in Canada for 730 days in her first 5 years.

2- My family stayed only 16 days in Canada so legally my son can get the Travel Document right?

Yes, see 1.

3- For TD, Do they need to show/submit original document, other than previously visa stamped passports? Like landing papers? Sin Card? PR of wife as my son was accompanying with my wife, do she also need to show her PR in Canadian Embassy?

I am not sure what they have to show.  You should ask the embassy.  They will definitely not need a SIN card.  Either the passport is enough or maybe they need the landing papers too.

4- Can we send PR through courier? Or any other way to send the PR of my wife to her.

Yes, you can send it through courier.

5- If someone is coming back to Canada on TD, then do they ask some strict questions on airport? Will they ask why you left Canada without having a PR? Or something likes that?

I know of one person who did not apply for a travel document as he was visa exempt so it was enough for him to have his landing papers to get in.  He felt that the immigration officers were unpleasant to him and wanted to know why he had left Canada so soon after landing.  So.. it is possible that she will be asked that.  They can not deny her entry to Canada.  All she has to say is that she had to go back to attend her sisters wedding.  It is not under her control to postpone her sisters wedding until she gets her PR card and she did not want to miss it.  That is a reasonable explanation.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
heart_of_skies
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« Reply #6 on: January 31, 2011, 10:11:25 pm »

Thanks alot Leon, so nice of you. I've one more question for you.

My wife will apply for Travel Document for my 3 years old son. Do she has to fill the Use of a Representative form and apply Representative of him or not.
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