Citizenship Days Calculation for Long Haul Driver for US

[cybervjs]

Dear senior Members,
First of all sorry if this question was already asked in any previous post the reason that i created this new topic is because i can't find the exact information which i needed regarding my case , currently i'm a Commercial Driver (Long Haul) from Toronto to California, i've been told by one previous PR which is Canadian Citizen now (He is also Long Haul Driver ) that if i'm doing Long Haul for Canadian company my days which I've spent in US for this Long Haul purpose will be counted towards my 3 yrs requirement for Canadian Citizenship purpose, please if any of you skimed through any particular information regarding this topic plz post it here or if any of you are very sure regarding this is true or this isn't, plz tell me, your information will be highly appreciated....
Cybervjs

 

[canuck_in_uk]

Hi

Working abroad for a Canadian company can be counted towards maintaining your PR status but not for citizenship. Check out this page https://eservices.cic.gc.ca/rescalc/redir.do?redir=faq#PP. For citizenship, the required 3 years refers to physical presence in Canada. If you have a look at question 11, you will see that travel to the US as a truck driver must still be declared as an absence from Canada as you were not physically present in the country.

Have a look at question 8. Basically, if you think that you can show strong evidence of residence in Canada despite not having the required physical presence, it is possible that a judge can rule in your favour. As it says, it delays the app quite a lot.

If you spend more than a quarter of the year out of Canada every year for your job, there is no way that you can meet the physical presence requirement, as you would continually have less than the 3 out of 4 years. If that will be the case for some time, you might think about applying without the 1095 days and having a judge rule on your case.

 

[scylla]

Have a look at question 8. Basically, if you think that you can show strong evidence of residence in Canada despite not having the required physical presence, it is possible that a judge can rule in your favour. As it says, it delays the app quite a lot.

The chances are pretty much zero that a judge will rule in his favour. Regardless of what the rules say, what happens in practice is that people are refused if they don't have sufficient residency days in Canada.

cybervjs - As explained, your days spent outside of Canada will not count towards citizenship.

 

[canuck_in_uk]

I agree that it is very rare but it is not zero, it can and does happen. The CIC guidance http://www.cic.gc.ca/english/resources/manuals/cp/cp05-eng.pdf., which lays out the circumstances in section 5.9 that allow for less than 1095 days, would not have that info if there had not been previous cases of citizenship being awarded when the 1095 days was not met.

If the OP can wait a few years until he meets the 1095 days, it would be better. The case is always strongest when the 1095 days is met and it's much faster, as there is the certainty of an RQ and several years delay when not having the 1095 days.

But if he plans to keep that particular job for the foreseeable future, say the next 10 years, thereby making him continuously unable to meet the 1095 days, he could consider applying without it now instead of waiting those 10 years + 3 years until he could meet it. The guidance quotes a citizenship judge as saying that "the process of gaining citizenship in such circumstances is akin to a lottery", depending on which judge handles the case and which of the conflicting jurisprudence that judge chooses to apply.

 

[cybervjs]

Thanks both of you for your help deary...

 

[John black]

Is there any change to this... As I been doing long haul to US, and those days in US, are they calculated as days in Canada.
I called Cbsa, and I was told so, yea they are counted as in Canada. Since working for Canadian Carrier.

However I am getting mixed information. I was thinkin to apply for my citizenship and provide employment letters as well.

Has anyone been in similar situation, please post ur experience or suggestion what should I do?

Thanks

 

[scylla]

Is there any change to this... As I been doing long haul to US, and those days in US, are they calculated as days in Canada.
I called Cbsa, and I was told so, yea they are counted as in Canada. Since working for Canadian Carrier.

However I am getting mixed information. I was thinkin to apply for my citizenship and provide employment letters as well.

Has anyone been in similar situation, please post ur experience or suggestion what should I do?

Thanks

No - there is no change.

You can only count days spent within Canada towards citizenship.

As mentioned in your other thread, the CBSA officer must have misunderstood your question and thought you were asking about the PR residency obligation. The rules for this are different than citizenship.

Of course you are free to apply for citizenship with insufficient days. Just be prepared for a long wait time, requests for additional information and then a refusal.

 

[John black]

Thank you for your response. I think I would have to quit long haul, since I been doing this for 3 years and short of almost 290days, almost a year.
Well I know it's the rule, somehow with the driver shortages, they should look into it.
I mean we been lookin for long haul drivers, one of our trucks is parked off over 2 months, just because we can't find drivers.

Anywho thank you for your quick response. Highly appreciated.
Thanks again. Appreciated.

 

[scylla]

Thank you for your response. I think I would have to quit long haul, since I been doing this for 3 years and short of almost 290days, almost a year.
Well I know it's the rule, somehow with the driver shortages, they should look into it.
I mean we been lookin for long haul drivers, one of our trucks is parked off over 2 months, just because we can't find drivers.

Anywho thank you for your quick response. Highly appreciated.
Thanks again. Appreciated.

Keep in mind that you don't have to spend the whole day in Canada to count it towards citizenship. If you spend any part of the day in Canada (e.g. leave Canada early in the morning), you can count that towards citizenship. I don't know if that helps you at all.

Changes to the citizenship act are very difficult to make and require a parliamentary bill that has to pass a number of readings / stages. I think it's unfortunately highly unlikely they are going to create exceptions for truck drivers.

Good luck and hope you find a way to make it work.

 

[John black]

Keep in mind that you don't have to spend the whole day in Canada to count it towards citizenship. If you spend any part of the day in Canada (e.g. leave Canada early in the morning), you can count that towards citizenship. I don't know if that helps you at all.

Changes to the citizenship act are very difficult to make and require a parliamentary bill that has to pass a number of readings / stages. I think it's unfortunately highly unlikely they are going to create exceptions for truck drivers.

Good luck and hope you find a way to make it work.

I have added the dates on that days calculator, it shows as days out. I mean day I leave Canada is counted as in and day I get back is counted as in. Rest of the 3 days are out. So I had all these 5 days trips to California, like 4 in a month.. Etc.
Hence days are not enough.

I think I will work as local driver etc from next week on.

Thanks alot for sharing your knowledge. God bless.

 

[scylla]

I have added the dates on that days calculator, it shows as days out. I mean day I leave Canada is counted as in and day I get back is counted as in. Rest of the 3 days are out. So I had all these 5 days trips to California, like 4 in a month.. Etc.
Hence days are not enough.

I think I will work as local driver etc from next week on.

Thanks alot for sharing your knowledge. God bless.

You are doing the calculation correctly in that case.

 

[John black]

You are doing the calculation correctly in that case.

Thanks