Chinese wife getting Canadian citizenship... do we have to be residence?

[ali_singapore]

Hi gang,
I'm a Canadian citizen who has been living abroad for the last 7 years.
Recently I'm had to joy of getting married. My wife is Chinese.
My question is, do we have to live in Canada for her to be eligible for Canadian citizenship?
Though we would love to do it, it would mean both of us giving up our jobs to relocate... not the best option in this world.
If anyone has knowledge on the flexibility of the process please let me know.
Many thanks in advance to all of you who share your knowledge.
- Ali

 

[Yolka]

Hi gang,
I'm a Canadian citizen who has been living abroad for the last 7 years.
Recently I'm had to joy of getting married. My wife is Chinese.
My question is, do we have to live in Canada for her to be eligible for Canadian citizenship?
Though we would love to do it, it would mean both of us giving up our jobs to relocate... not the best option in this world.
If anyone has knowledge on the flexibility of the process please let me know.
Many thanks in advance to all of you who share your knowledge.
- Ali

Hi ali_singapore,

Congratulations! I know what you are going through, my husband and I went through the same thing. Yes, you have to live in Canada (unless you work for Canadian Government abroad). You wife needs 1095 days of residence in Canada to qualify for citizenship and only then she can apply. Before that your wife needs to apply for a PR card (Permanent Resident).

Hope this answers your question. All the best.

 

[Leon]

The first step would be to sponsor her for permanent residency but as you are living abroad yourself, in order to get it, you would have to show plans of moving to Canada when she gets her PR. Plans do not just include you saying you are planning on moving to Canada but also proof of something, having arranged housing, having secured a job, being accepted to a college etc. or at the very least letters from supporting relatives saying they know of your plans and will help you settle.

If you manage to get her PR, she would get a PR card and would be able to travel to Canada as long as it is valid, whether you move or not. PR's normally have to meet residency obligations of staying in Canada at least 2/5 years but there is an exception made for spouses of Canadians who are living overseas so she could keep her PR status forever as long as you live together somewhere in the world. There is however a bit of a hang-up renewing the PR card when it expires because she needs to be in Canada to renew it.

If you want to go for citizenship, she would have to live in Canada for at least 1095 days over a period no longer than 4 years after getting her PR. Time spent with a citizen spouse outside Canada does not count to apply for citizenship unless you are working for the Canadian government or military.

 

[us2yow]

Leon,

I am confused. I thought NO ONE can qualify for citizenship based on days accumulated overseas (i.e. NOT EVEN some with a Canadian spouse or working for Canadian Govt).

As I understood, I thought The only place where that is useful (being overseas with a Canadian spouse or working overseas for Canadian Govt) is when it comes to preserving PR status - nothing more ?

In other words, I thought even the people in the two categories above should have accumulated actual physical residence in Canada (1095 days atleast in last 4 years in Canada), so they then qualify to apply for citzshp ?

So, lets say a foreign spouse has been living with her Canadian husband in Indonesia for the last 3 years, all that time overseas is good only under the rules umbrella of "she is maintaining her PR status and is in good standing" but NOT for " she is accumulating days for citizenship while living in Indonesia?? :'( :'(

 

[keesio]

us2yow - Leon is correct (as usual). More details are here:
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=370&t=5

And yes, living with your Canadian husband abroad is only good for PR residency requirements, NOT citizenship.

 

[Leon]

I am confused. I thought NO ONE can qualify for citizenship based on days accumulated overseas (i.e. NOT EVEN some with a Canadian spouse or working for Canadian Govt).

Keesio has already replied and here is another link to the immigration manual for citizenship:

1.7. Spouse of Canadian living abroad

Sub-section 5(1.1) was proclaimed in 1988. It treats residence for an applicant, as described in that provision, as if the person were in Canada.

1.7.1 Specific periods count as residence

The Citizenship Act was amended in 1988 to allow the spouse of a Canadian citizen residing outside Canada with that person to count certain specific periods as residence in Canada.
"Spouse" refers to a married person.

Section 5(1.1) applies only where the Canadian citizen spouse is working with the public service of Canada or a province or for the Canadian armed forces.

Any day of residence outside Canada, before lawful admission to Canada, is equivalent to onehalf day of residence in Canada.

Any day of residence outside Canada, after lawful admission to Canada, is equivalent to one day of residence in Canada.

Any residence outside Canada before the marriage that is within the four year period before the date of application cannot be counted towards the residence requirement.

So basically, what that says is that if the lady in Indonesia is married to a Canadian who is working with the public service of Canada or a province or for the Canadian armed forces, she can count towards her citizenship residency obligation, time spent with her husband which is after they got married, 1/2 days before she got her PR and full days after she got her PR.