how many days we can live outside of Canada continuously
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December 20, 2014, 03:05:47 am
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Author Topic: how many days we can live outside of Canada continuously  (Read 7742 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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RMagdy
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« Reply #7 on: July 06, 2014, 07:07:55 pm »

I have few questions:
Questions:
 
1- How do you calculate the physical presence days inside Canada?
I have used the Residence Calculator until July 6th, 2014 and it came back with 679 of physical presence.
However, when I follow the calculator rules and do it manually, it comes back with 196 days less
So I am not sure how is it calculated. I need a detailed report of how its been calculated over the online tool.
Also, I have become a PR of Canada since June 27th 2013. When am I eligible to apply for citizenship?
Keeping in Mind, I have left few times for vacation.
Do I count 2 out of 5 years starting the date of receiving PR? or do I have to count 1,059 days (3years) out of 4 years of physical presence from the first time I arrived at Canada?
 


2- Why aren't the days of absence outside of Canada counted as a half day in the tool? while in the link you use before starting calculation, it tells you :: any day spent inside of Canada prior receiving the PR is counted as a half a day, also any day counted absent before receiving your PR is counted as half a day. How is it calculated?
 
3- When am I eligible to apply for citizenship?
 
4- How long does the process take?
 
5- what if I passed the required number of days needed or years? what will be my next step? How many years do i wait so I can reapply? Or do i rebew my PR?
 
6- How many days left for me that I can be outside of Canada as per today and still be eligible to apply for citizenship?
 
Here are my absences dates:
Arrival in Canada              Departing Canada
Sept 6th 2010                     Dec 12th 2010
Jan 1st 2011                        Jan 5th, 2012
Feb 7th, 2012                      Feb 14th, 2012
May 2nd, 2012                    Dec 22nd, 2012
Jan 2nd, 2013                      Oct 1st, 2013
Nov 29th, 2013                  Apr 19th, 2014  and will return by the end of august.
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canuck_in_uk
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« Reply #8 on: July 06, 2014, 07:22:29 pm »

3- When am I eligible to ply for citizenship?

Under the new laws, no pre-PR time counts and you will require 4 years of physical residency in Canada. Given your current absences, you will not be eligible until the end of 2017.
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Goldline
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« Reply #9 on: July 06, 2014, 08:30:26 pm »

Based on current law you need to wait at least till june 27 2015 to apply, assuming you physically spent in Canada 2 years between June 27, 2011 and June 27, 2013. so you need 2 years as pre PR time and 2 years as PR. Remember you took some vacation even after becoming PR and right now you're not in Canada, so probably you'll be eligible around Oct 2015.
Now that the new law is coming into force, forget about the time you spent in Canada before June 27 2013. You need 4 years of physical presence > that means you can't apply before august  or sept 2017 approximately.
You better cut short your vacation and come back to Canada if you don't wanna delay your citizenship.
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boasorte
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« Reply #10 on: July 06, 2014, 09:12:07 pm »

I have few questions:
Questions:
 
1- How do you calculate the physical presence days inside Canada?
I have used the Residence Calculator until July 6th, 2014 and it came back with 679 of physical presence.
However, when I follow the calculator rules and do it manually, it comes back with 196 days less
So I am not sure how is it calculated. I need a detailed report of how its been calculated over the online tool.
Also, I have become a PR of Canada since June 27th 2013. When am I eligible to apply for citizenship?
Keeping in Mind, I have left few times for vacation.
Do I count 2 out of 5 years starting the date of receiving PR? or do I have to count 1,059 days (3years) out of 4 years of physical presence from the first time I arrived at Canada?
 


2- Why aren't the days of absence outside of Canada counted as a half day in the tool? while in the link you use before starting calculation, it tells you :: any day spent inside of Canada prior receiving the PR is counted as a half a day, also any day counted absent before receiving your PR is counted as half a day. How is it calculated?
 
3- When am I eligible to apply for citizenship?
 
4- How long does the process take?
 
5- what if I passed the required number of days needed or years? what will be my next step? How many years do i wait so I can reapply? Or do i rebew my PR?
 
6- How many days left for me that I can be outside of Canada as per today and still be eligible to apply for citizenship?
 
Here are my absences dates:
Arrival in Canada              Departing Canada
Sept 6th 2010                     Dec 12th 2010
Jan 1st 2011                        Jan 5th, 2012
Feb 7th, 2012                      Feb 14th, 2012
May 2nd, 2012                    Dec 22nd, 2012
Jan 2nd, 2013                      Oct 1st, 2013
Nov 29th, 2013                  Apr 19th, 2014  and will return by the end of august.

These are very basic questions that you could have easily found answers for by just looking at the CIC website.

As stated above, you won't be eligible to apply until the end of 2015. So for now, take your time to read the manuals. There you will find the answers to most of your questions, it will also guide you through all the calculations needed for your application.

Regards.
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Application Received: November 20, 2013
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Fingerprints Received by CIC(from RCMP): March 14, 2014
Test/Interview: April 30, 2014
Oath: July 17, 2014
canuck_in_uk
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« Reply #11 on: July 06, 2014, 09:56:00 pm »

As stated above, you won't be eligible to apply until the end of 2015.

Though they would qualify under the current law at the end of 2015, the new law will have taken effect before then, so they will not qualify until the end of 2017 at the earliest.
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