Number of days to citizenship

[Lala Many]

Hello,

I lived constantly in Canada from summer 1997 to summer 2008. I came as a visitor, and claimed refugee upon arrival. With the status of refugee claimant, I was able to get work/study permits. I worked and studied throughout these years. I obtained my Master’s degree in 2002 and PhD in 2006. I got married in 2006, and my wife was Canadian. My refugee claim was not accepted by the Refugee Board, and it was also rejected after appealing the decision. I was asked to leave Canada in 2008, and I did leave with my wife and daughter. Right after, I applied for the permanent residency, family class, and I landed in summer 2011. Since then, we have been frequent to Canada but not for longer than 3-4 months each year. To be specific, our kids schooling was all, so far, done outside Canada. We have three kids who were born in Canada. We are all planning to go back and live in Canada starting summer of 2015. I am wondering if my living years in Canada before leaving in 2008 will be counted towards the required years for citizenship. I would like to know when I should be able to apply for citizenship with and without the effect of Bill C24?

Thank you in advance for your help

 

[dpenabill]

Hello,

I lived constantly in Canada from summer 1997 to summer 2008. I came as a visitor, and claimed refugee upon arrival. With the status of refugee claimant, I was able to get work/study permits. I worked and studied throughout these years. I obtained my Master's degree in 2002 and PhD in 2006. I got married in 2006, and my wife was Canadian. My refugee claim was not accepted by the Refugee Board, and it was also rejected after appealing the decision. I was asked to leave Canada in 2008, and I did leave with my wife and daughter. Right after, I applied for the permanent residency, family class, and I landed in summer 2011. Since then, we have been frequent to Canada but not for longer than 3-4 months each year. To be specific, our kids schooling was all, so far, done outside Canada. We have three kids who were born in Canada. We are all planning to go back and live in Canada starting summer of 2015. I am wondering if my living years in Canada before leaving in 2008 will be counted towards the required years for citizenship. I would like to know when I should be able to apply for citizenship with and without the effect of Bill C24?

Thank you in advance for your help

Short answer: No.

Current residency requirement will count only the FOUR years prior to the date the application is submitted (signed).

However, if you have spent less than a third of the time in Canada in the last several years, there is no way you will qualify for grant citizenship prior to the amended version of Section 5(1) taking effect. So, for you, the period of time which will be considered will be the six years prior to the date the application is submitted (requirement being actual presence 4 out of those 6 years, and at least 183 days in each of four of calendar years within those 6 years).

Reality is that you will not be eligible for a grant of Canadian citizenship until the fourth year anniversary of your return to live in Canada, plus the number of days you are absent from Canada in the meantime. In other words, you are undoubtedly looking at 2019 or 2020 before you become eligible for Canadian citizen.

And the law could change again in the meantime.

Note: Technically you are currently eligible to apply for Canadian citizenship, since you have been a PR for more than three years. You meet the so-called "basic residence" threshold. You are not, however, qualified for the grant of citizenship since you have been living abroad more than a fourth of the time in the last four years. Thus, if you apply prior to the residency provisions in Bill C-24 (amending Section 5(1) of the Citizenship Act) taking effect, CIC will be required to process your application. It will, however, be denied. Once the amendments to Section 5(1) take effect there will no longer be any technical residency-based distinction between being eligible to apply and being qualified for the grant, only qualified applicants will be eligible.

 

[Lala Many]

What are the chances that Bill C24 will not be applied to PR holders before it was passed? In case it will not be applied to me, will some of the time I lived in Canada before landing be counted?

Thank you again.

 

[scylla]

What are the chances that Bill C24 will not be applied to PR holders before it was passed? In case it will not be applied to me, will some of the time I lived in Canada before landing be counted?

Thank you again.

It doesn't matter when you became a PR. What will matter is when you submit your application for citizenship. So if you apply for citizenship before Bill C24 is applied you fall under the old rules - if you apply after Bill C24 is applied you will fall under the new rules.

Even if you could apply under the old rules, the time you lived in Canada before landing wouldn't be counted because it happened too long ago. Only the last four years are considered.

 

[aed]

I'm just wondering if Lala Many could approach it differently. He/she mentioned his/her wife is Canadian and that they had left Canada together. If Lala Many could count the time abroad as accompanying his/her Canadian spouse, then would it count towards his/her residence requirement? Because if it did, and LM could claim these 3 years (and assuming the new resistance provision of Bill C24 had a bit of delay from summer to late summer or fall), s/he would be able to apply in summer 2015. Please refresh my memory.

ETA: Unfortunately, it won't count toward the citizenship. I found Scylla's answer to my question on this thread: http://www.canadavisa.com/canada-immigration-discussion-board/is-accompanying-spouse-eligible-for-citizenship-t88334.0.html

 

[Lala Many]

I was not actually asking for the counting of time I was outside Canada. I have lived in Canada for 10 years, left for 3 years, and came back (landed) after that. The question is will any of the 10 years be counted towards citizenship? My intuition says that at least 1 year would be counted; if the new bill is not applied, that is.

Thank you.

 

[dpenabill]

I was not actually asking for the counting of time I was outside Canada. I have lived in Canada for 10 years, left for 3 years, and came back (landed) after that. The question is will any of the 10 years be counted towards citizenship? My intuition says that at least 1 year would be counted; if the new bill is not applied, that is.

Thank you.

If you apply today, December 30, 2015, nothing before December 31, 2011 will count, regardless of where you were then.

Nothing more than four years ago, as of the day you apply, will count toward the residency requirement.

When the amended version of Section 5(1) comes into force, it will look back six years, but not count any time prior to the date of landing.

In response to the comment by aed, no, time spent accompanying a spouse who is a Canadian citizen abroad does NOT count toward the citizenship residency requirement. It does toward the PR residency obligation.

 

[Lala Many]

I see. It is clear now. The four year are from the time of the citizenship application. I was thinking the four years before landing. Now, with the new bill nothing is counted.

This is useful to know.

Thank you all

 

[scylla]

I see. It is clear now. The four year are from the time of the citizenship application. I was thinking the four years before landing. Now, with the new bill nothing is counted.

Yes - for years from the time your citizenship application is received (not four years before landing). Regardless of whether you fall under the old rules or the new rules, you can't count your pre-PR time because it happened too long ago.