Does time spent overseas counts towards PR and Citizenship
- Thread starter rrv
- Start date
This time will not count towards citizenship. Only days when you are physically present in Canada count towards citizenship.
If you are working for a Canadian employer and get sent overseas on business, the days would count towards your PR residency requirements but not for citizenship. To qualify for citizenship, you must spend 1095 days in Canada during the 4 year period before you apply. That means that you can be outside Canada for a maximum of 365 days in that 4 year period.
Theoretically yes.. however only a citizenship judge can decide on a person status.. one needs to have at lease 3 years of Basic residency to apply for citizenship.. if a person works abroad for a Canadian company or travel frequently and cannot meet the obligation while he has strong ties to Canada i.e. house, family, accounts.. intent to live there.. paying taxes.. having a car.. etc.... then he is deemed bound to Canada and the judge can issue a citizenship, even though to bare in mind that the application will take far more time to be processed.Leon said:
That's not really correct.Michels said:
You can use days spent in Canada before you became a PR towards your citizenship count. So it's entirely possible to apply for citizenship before you have been a PR for 3 years.
Well correct, also.. as it adds to what I stated.. it can be 2 years of permanent residency + 2 years of temporary residency as those are counted 2 to 1.scylla said:
the question here is about Basic residency physical presence obligations for the Citizenship.. in Papadogiorgakis case he had only 79 days of physical presence AFAIK
........ It has long been established in the Canadian citizenship field, that physical presence is not essential provided that the landed immigrant has established and maintained throughout the three year period in question, a "pied-…-terre" in Canada and has the clear intention to live in this country. Applicants who had in mind and fact, settled into, maintained or centralized their ordinary mode of living in Canada could be determined to have fulfilled the citizenship residence requirements with as little as 79 days of physical presence in Canada during the relevant four year period: Re Papadogiorgakis, [1978] 2 F.C. 208 (T.D.).
Indeed, this liberal application of the Citizenship Act is often followed by citizenship judge's who opt for a flexible interpretation of the Act to account for justified absences from Canada. In order to ascertain whether an applicant under this approach, has centralized his or her mode of existence in Canada, a number of issues are examined by the judge, including:
Was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship;
Where are the applicant's immediate family and dependants resident;
Does the pattern of physical presence in Canada indicate a returning home or merely visiting the country;
What is the extent of the physical absences;
Is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad;
What is the quality of the connection with Canada: is it more substantial than that which exists with any other country.
This latter issue is usually examined from the perspective of the indicia of applicant's ties to Canada. To avail the benefits of this approach, applicants are encouraged to maintain Canadian bank accounts, magazine subscriptions, Medicare cards, lodgings, furniture, driver licenses, bank cards, and enroll their children in Canadian schools. ...
more here:
http://findarticles.com/p/articles/mi_hb155/is_1_16/ai_n28811598/