basic residence: how to count

[NK2013]

Hello,

Sorry, if the question is repeated but i could not find similar post to our situation. All our family members have PRs. All except my husband applied for Citizenship. My husband travels a lot to different countries for his job and he will probably not meet either basic/physical residence requirements.

My question is how can we count how many days he has been in Canada and have it proved? Do we need to contact any border agencies? If yes, could you please advise which one?

Also, what are our options, should we try to go through a citizenship judge or there are any other suggestions which we can try?

Many many thanks!

 

[newtone]

Its basic mathematics, just count the days that he has been physically absent from Canada, if its less than 1095 then he'll have to make up for it by staying physically in Canada for 1095 days. You can prove that by stamps on the passport and record of flying such as boarding pass etc

 

[Msafiri]

1. You need 1095 days (3 years) of residence in the 4 years prior to the application.

2. Residence is not defined as physical presence in the Citizenship Act (CA). However for all intents and purposes it now is physical presence. CIC overcome the CA by:

(a) placing applicants without 1095 days of Actual Physical Presence (APP) in a non routine category with a current 35 month processing time line including the issuance of RQs and referral to Citizenship Judge in person hearing (adding another 12-24 months to the non routine) and/or

(b) rejecting applicants even after this time line and expecting the applicants to appeal to the Federal Court.

The Federal Court is increasingly taking the same view as CIC that 1095 days APP is the correct approach. The CJ may consider ties to Canada and apply a different residence test but this takes into account number of physical presence days, reasons for absence, family ties etc. This route isn't easy and CIC almost always appeal approvals via this route. Applicants with less than 900 days must have an in person hearing with the CJ. How many days does your husband have?

You need to choose between Citizenship and a job.

 

[redstone]

HI, I need advice to count basic residence for citizenship. As canada border agency dont stamp for depurture, citizenship office normally follow the stamp of arriving country, but problem is if we leave canada on Monday for Bangladesh, we reach there next day ( Tuesday). eg; I left canada on 1st of Dec but stamp of arrival is 2nd dec. So now , which date should i count for absence ,from 1st dec to ....or 2nd dec???

 

[scylla]

HI, I need advice to count basic residence for citizenship. As canada border agency dont stamp for depurture, citizenship office normally follow the stamp of arriving country, but problem is if we leave canada on Monday for Bangladesh, we reach there next day ( Tuesday). eg; I left canada on 1st of Dec but stamp of arrival is 2nd dec. So now , which date should i count for absence ,from 1st dec to ....or 2nd dec???

You need to start counting the day you left Canada (in this case the 1st). Rather than trying to do the calculation on your own, I would strongly recommend that you use CIC's online citizenship residency calculator. It makes things much easier.

 

[Msafiri]

Go with Scylla and let the residence calculator do the math for you. The Citizenship Act works on the principle of calendar day presence so any day in which you are in Canada at midnight counts as a day 'present'. For this reason you usually find the day of departure is discounted but the day of return is considered. This based on 'normal' travel patterns especially for commercial airlines.

 

[redstone]

thanks a lot..