SeulDansMonBocal said:
Hi guys. I know you probably said that 1000 times but I need you help regarding the requirement for citizenship.
I enter canada in Feb 2006 as International student and got my PR in Nov 2012.
Do we count the time spent before getting PR as part of the 6 years?
I was almost eligible before they changed it ??.
[quote author=SeulDansMonBocal]
So that means I'll meet my physically residency assuming I stayed in canada all that time in Nov 2016?
After that can I go work for a Canadian company outside of canada for 2 years?[/quote]
The online calculator now is a
physical presence calculator. It is a bit more complicated than the previous
residency calculator but still quite simple to use and simple to use for hypotheticals . . . so you can plug in dates and see the results.
Using the online calculator is the best approach to determining when you will be qualified.
Generally, a PR meets the physical presence requirement once the PR has been physically present in Canada,
after becoming a PR, for 1460 days (number of days equal to four years) within the previous six years. The PR must also have been in Canada for at least 183 days in each of four calendar years fully or partially within the six years, but generally the PR who meets the 1460 requirement also meets this requirement (it is possible to reach 1460 and not meet the 183 days X 4CY requirement, but only in very specific scenarios).
[quote author=SeulDansMonBocal]
. . . I used to go visit from time to time. When I did the calculations in 2014 I had to wait until sometime in Sept 2015 to be eligible.
[/quote]
Thus, the soonest you would be eligible will be the fourth anniversary of the day you landed and became a PR
PLUS enough additional days beyond that to add up to the number of days you have been outside Canada in the meantime.
There are, however, additional requirements and of course the applicant must meet those as well.
Currently this includes the requirement that you intend to
continue to reside in Canada. The current government has said it will remove this requirement. Such legislation has not yet been proposed, let alone tabled. It can take
years for such changes to be made and there is no guarantee it will actually happen.
This may have an impact on your scenario in reference to this:
[quote author=SeulDansMonBocal]
So that means I'll meet my physically residency assuming I stayed in canada all that time in Nov 2016?
After that can I go work for a Canadian company outside of canada for 2 years?[/quote]
Many refer to the intent requirement as simply requiring an
intent-to-reside in Canada. This overlooks a key element in the requirement, as it specifically requires the applicant to intend, "
if granted citizenship, to continue to reside in Canada." (See Section 5(1)(c.1) in the
Citizenship Act,
linked here.)
If someone is residing outside Canada, then logically they cannot intend to continue residing in Canada (after all, a person cannot intend to
continue doing that which he is not currently doing).
So long as this requirement remains part of the
Citizenship Act, to qualify, the PR must then also be residing in Canada at the time of applying and practically continue to reside in Canada while the application is pending.
Note: it would make no difference who the applicant's employer is, that is, whether employed by a Canadian business or a foreign employer (well, there is an exception, such as for PRs employed by the Canadian government).
We do not know for sure to what extent IRCC will be enforcing the intent requirement. We could easily infer that the prior government, with Harper as PM, would strictly enforce it and that applicants living abroad when they applied or living abroad while the application was pending would see their application terminated. Since the Liberal government intends to remove this requirement, they might not enforce it that strictly. Personally I would not gamble regarding this. Moreover, it is likely that even under the current government, there will still be at least elevated scrutiny for applicants who appear to be among those sometimes described as
applying-on-the-way-to-the-airport, or otherwise known as or suspected of seeking a passport of convenience. Remember, the Liberals formally began elevated screening of applicants with extended absences (after applying) at least as far back as 2005, before Harper formed his first government.
If you are planning future extended absences, such as for working abroad, probably best to just focus on being sure to meet the PR Residency Obligation, to preserve your PR status, and wait to apply for citizenship when you are ready to settle in Canada for the long haul.
