Physical presence for citizenship
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Author Topic: Physical presence for citizenship  (Read 2102 times)
v4x
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Posts: 67
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« on: August 27, 2010, 05:28:08 am »

Hello
members,

I was wondering how many days I still need to catch up. It says 3 out of 4 years is the min. requirements,and the day before becoming a PR was counted as half day/day. The calculation for me seems mathematically impossible as the 4 years is moving as everyday passes while i am out of Canada and the day I can submit the application. So please anyone who familiar with the rules,would you take a look at my timeline? following is a summary, thanks

Oct 15,1999---first day came to Canada
2000-Dec 2004---studied in Canada but went back my own country from time to time
Jan 2005---Sep 2008---stayed in Canada, never left a day
Sep 3 2008---PR landing
Sep 3 2008---Aug 3 2009---stayed in Canada
Aug 3 2009---Aug 29 2009---out of Canada
Aug 29 2009---Jan 22 2010---stayed in Canada
Jan 22 2010 to present----out of Canada

according to my calculation, after I became a PR, I've stayed in Canada for 1 year and 4 months(maybe several days miscalculated), if I want to submit the citizenship application around Sep 3 2012, i still need 1 year and 8 months, right? and I've already lost the previous benefits which is the days before I became a PR due to absence from Jan 22 2010 till now, is that correct?Thank you!
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premaman
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Posts: 2
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« Reply #1 on: August 27, 2010, 09:19:43 am »

Always you need to calculate the days you stayed in Canada in  the last four years prior to the date on your citizenship application, according to your dates ,you have only 20 months from Aug. 2008 to sept 2012 ,which means you will not be qualified, and any day passes while you are outside canda will reduce your 20 months by one day,so if you continue staying out of the country you will even lose your pr.in addition to the physical presence ,you still need to provide proves regarding your ties with Canada,work,home...etc.
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canvis2006
Hero Member
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Posts: 773
Ratings: +33
Category........: FAM
Visa Office......: Paris, France
NOC Code......: FC4 - PGP
App. Filed.......: May 2009
Doc's Request.: March 2012
File Transfer...: Jan. 2013
Med's Request: May 2013
Passport Req..: July 2013
VISA ISSUED...: August 2013
LANDED..........: Sept 2013

« Reply #2 on: August 27, 2010, 10:33:40 am »

Use the online residence calculator on CIC website to find out the date you will be eligible.

Ofcourse you have to be in Canada for 1095 days at least to qualify for applying for citizenship. By living outside Canada you won't qualify and as time goes by, your credit for time in Canada before PR will be decreasing which means you'll need to live in Canada alot more to make up for those days.

By continuing to stay outside the country, there won't be much residency days left for you to apply, because CIC only considers last 4 years from date of application.

You cannot qualify for citizenship by staying outside the country. Physical presence in Canada is absolutely necessary. Strong documentary proof of stay in Canada is often requested by judges for cases where applicants are frequently residing outside the country.
(bills, employment, tax papers, paystubs, schooling, etc etc)

It is your decision and choice. Even for maintaining PR status, you must live in Canada for at least 2 years in every 5 year period......staying outside is not helping you much. You are putting it at risk as well.....

It is your decision though. There is no shortcut in this.
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Leon
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Posts: 19719
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« Reply #3 on: August 30, 2010, 03:56:33 pm »

If you were to submit your application on Sept. 3 2012, since they only count the last 4 years, you would only get credit starting Sept. 3 2008.  In order to have enough days to apply, you would need to come back to Canada no later than mid-December this year and stay without leaving until you apply.  If you don't come back before mid-December, you will not reach the residency requirements by Sept. 3 2012 and then your stay in Canada from Sept. 3 2008 will start expiring as it will be more than 4 years old.  If you wait too long to come back, you will basically have to stay a full 3 years before you can apply for your citizenship. 
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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
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