Federal Court View - 1095 days of physical presence

[Msafiri]

http://decisions.fct-cf.gc.ca/site/fc-cf/decisions/en/item/63502/index.do

Applying with less than 1095 physical days is effectively becoming a risky proposition. There is already a waiver clause in the Citizenship Act to take account of hardship etc...working and studying abroad doesn't fly...now for Parliament to step up and amend residence to equal physical presence (coupled with streamlining the process to speed up the timeline to oath).

This decision will be quoted in years to come as it clearly reviews the current 3 tier approach to residence in particular the intent aka Papadogiorgakis route that has mistakenly been incorrectly used to grant Canadian Citizenship for negligible physical presence in Canada.

Kudos to the Honourable Judge (I think he is relatively knew haven't seen his decisions before).

 

[touché]

http://decisions.fct-cf.gc.ca/site/fc-cf/decisions/en/item/63502/index.do

Applying with less than 1095 physical days is effectively becoming a risky proposition. There is already a waiver clause in the Citizenship Act to take account of hardship etc...working and studying abroad doesn't fly...now for Parliament to step up and amend residence to equal physical presence (coupled with streamlining the process to speed up the timeline to oath).

This decision will be quoted in years to come as it clearly reviews the current 3 tier approach to residence in particular the intent aka Papadogiorgakis route that has mistakenly been incorrectly used to grant Canadian Citizenship for negligible physical presence in Canada.

Kudos to the Honourable Judge (I think he is relatively knew haven't seen his decisions before).

Quite interesting. Thanks for sharing. As you rightly said, an amendment of residence equal physical residence will stop this loophole from being exploited which in turn helps every one of us waiting in line. Let's see how long it takes parliament.

 

[zardoz]

In this case, it is also obvious that the Respondent doesn't even meet the residency obligation requirements of 730 days within the 5 years preceding the Citizenship application. I wonder why CIC didn't pick up on that when processing it?