Residence days Calculation

[MAQ]

Hi everyone,

Do I have to exclude those days in which my employer sent me our of Canada for official work? I have documents to support my official trips.

Let say, If I can include those days in residency then still should I have to mention in residency calculation form at the time of citizenship application?

Appreciate your reply.

Regards

Q

 

[PMM]

Hi

Hi everyone,

Do I have to exclude those days in which my employer sent me our of Canada for official work? I have documents to support my official trips.

Let say, If I can include those days in residency then still should I have to mention in residency calculation form at the time of citizenship application?

Appreciate your reply.

Regards

Q

Days out of Canada don't count for citizenship unless you were working for the Provincial/Federal Gov't or Military.

PMM

 

[dpenabill]

Days outside of Canada do not count toward physical presence in Canada.

Days outside of Canada while you were a resident of Canada will count toward residency.

However, it is far better (if feasible) to wait until you qualify based on 1095 days of physical presence.

Applications with less than 1095 days physical presence will automatically be subjected to RQ and must be decided by a judge, usually after an appearance by the applicant before the judge. These applications take much, much longer to process, and are subjected to significantly more scrutiny . . . as one of the key considerations is whether the time spent outside Canada really should count as time "residing" in Canada.

That said, some people have work or family commitments that demand they spend significant time abroad even though they have clearly established their residence in Canada, and continue to maintain their primary residence in Canada while abroad. Such applicants still qualify for citizenship, despite the time outside the country, but will be examined to be sure. See Operational Manual CP 5 for further elaboration of this assessment.

 

[PMM]

Hi

Days outside of Canada do not count toward physical presence in Canada.

Days outside of Canada while you were a resident of Canada will count toward residency.

However, it is far better (if feasible) to wait until you qualify based on 1095 days of physical presence.

Applications with less than 1095 days physical presence will automatically be subjected to RQ and must be decided by a judge, usually after an appearance by the applicant before the judge. These applications take much, much longer to process, and are subjected to significantly more scrutiny . . . as one of the key considerations is whether the time spent outside Canada really should count as time "residing" in Canada.

That said, some people have work or family commitments that demand they spend significant time abroad even though they have clearly established their residence in Canada, and continue to maintain their primary residence in Canada while abroad. Such applicants still qualify for citizenship, despite the time outside the country, but will be examined to be sure. See Operational Manual CP 5 for further elaboration of this assessment.

Except though the person has established "residency" in Canada, without the 1095 days of physical residency, these days it is unlikely that the grant of citizenship would be approved. With less than the number of days of physical residency the Citizenship Judge has the option of only looking at days, or if the applicant has less days, then Judge can consider it under the Koo decision from the Federal Court. Or if the person has centralized their "mode of living" in Canada. CIC has usually appealed to the Federal Court where a judge has granted citizenship where there the person has a large shortage of days.

PMM