djjungly said:
I have similar question, I meet the basic residence requirement but I have not been physically present in Canada for at least 1,095, I have 1071 days.
should I apply before June because I heard that there will be new rules in June? I had to go out of country once for my son's wedding, that is why I was away for 25 days. I will accumulate 1,095 days of physical presence on 2015-06-21. your answer is much appreciated.
I would strongly advise you to wait until you meet the requirements. I haven't heard any recent time when CIC granted citizenship to someone who hasn't met the minimum requirements. The judge will assess your request and CP5 on Residence gives some information on the assessment criteria:
B - Exceptional circumstances
In accordance with established case law, an applicant may be absent from Canada and still maintain residence for citizenship purposes in certain exceptional circumstances. To cite Mr Justice Pinard in the Mui case: I agree in principle with some decisions of this Court which, given special or exceptional circumstances, do not require physical presence in Canada for the entire 1095 days. However, it is my view, that an extended absence from Canada during the minimum period of time, albeit temporary, as in the present case, is contrary to the purpose of the residency requirements of the Act. Indeed, the Act already allows a person who has been lawfully admitted to Canada for permanent residence not to reside in Canada during one of the four years immediately preceding the date of that person’s application for Canadian citizenship. [Emphasis added] Even the early Federal Court decisions on residence recognized that absences from Canada
should generally be for special and temporary purposes. The Associate Chief Justice Thurlow, in the much-cited Papadogiorgakis decision, seemed to view that actual presence in Canada was required, except for short vacations or other temporary absences such as pursuing a course of study abroad (and always returning home at school breaks). In assessing whether the absences of an applicant fall within the allowable exceptions, use the following six questions as the determinative test. These questions are those set out by Madame Justice Reed in the Koo decision. For each question, an example is given of a circumstance that may allow the applicant to meet the residence requirement.
1. Was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship?
Example of an allowable exception: an applicant lived here for 3 years before leaving Canada for a period of several months. The applicant then returns here to permanently live in Canada and files a citizenship application at that time.
2. Where are the applicant’s immediate family and dependents (and extended family) resident? Example of an allowable exception: an applicant leaves Canada for several days each month, but her mother-in-law, her husband and her children all continue to live in Canada while she is outside of the country.
3. Does the pattern of physical presence in Canada indicate a returning home or merely visiting the country?
Example of an allowable exception: an applicant leaves Canada each month for 7 or 10 days, but stays abroad at hotels where the applicant conducts business or at the home of someone the applicant is visiting. The applicant always returns to Canada at a home owned or rented by the applicant.
4. What is the extent of the physical absences - if an applicant is only a few days short of the 1,095 total it is easier to find deemed residence than if those absences are extensive. Example of an allowable exception: an applicant was physically present in Canada the vast majority of the time, despite repeated absences.
5. 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?
Example of an allowable exception: the applicant obtains permanent residence in Canada and is offered a job here. After beginning his employment here, she is asked by her employer to serve abroad for one year to help manage an important business venture. The applicant then returns here after the assignment is completed to resume her work in Canada.
6. What is the quality of the connection with Canada: is it more substantial than that which exists
with any other country?
Example of an allowable exception: an applicant has been spending a few months abroad, each year, to look after his elderly parents. When in Canada, however, the applicant is involved in his work and business ventures. He also is involved with community organizations and the vast majority of his personal contacts (professional and social) are people who live here in Canada. Finally, the applicant pays income tax in Canada and in no other country. In applying this test to an application, you must decide whether the absences of the applicant fall within the types of exceptional circumstances. If the absences do not fall within these exceptional circumstances, you must refer the citizenship judge’s complete file on the applicant to Case Management Branch for possible appeal by the Minister. Include your analysis of why the applicant does not appear to meet the residence requirement. Keep in mind that the delay within which an appeal can be filed is 60 days. Cases must therefore be referred on a timely basis, or the Minister will lose the right of appeal (see Chapter 8, "Appeals", for the procedure to follow).
Applying without meeting the requirement will certainly increase the processing time for God knows how long.
Also, there is no proof that the new law implementation will be in June,
we just do not know yet, I advise you to look at the official website where they will most likely announce it: http://www.parl.gc.ca/LEGISInfo/BillDetails.aspx?Language=E&Mode=1&billId=6401990&View=6