Physical presence? I have to leave canada?

[danishsoomro]

Hello my respected forumers,

I have a unique inquiry and looking for help. SO I am a PR holder for last 2 years. Now I might have to go to Europe to study for a year or 2. In that case I am not fulfilling the PHYSICAL PRESENCE REQUIREMENT which is 3 years in Canada.

I know that one can leave if they are employed by Canadian employer not sure what happen if someone leaves to study. Any insight will be highly and deeply appreciated.

Thanks alot

 

[zardoz]

No, this time will not be counted as acceptable for either PR or Citizenship calculations.

 

[danishsoomro]

Thanks for your answer. I have inquired about this and found out that Study or working abroad for canadian employer will be counted as physical presence in Canada thus I can go study and still come back and apply for my citizenship.

 

[PMM]

HI

Thanks for your answer. I have inquired about this and found out that Study or working abroad for canadian employer will be counted as physical presence in Canada thus I can go study and still come back and apply for my citizenship.

1. Citizenship requires physical presence the only time working abroad for a Canadian employer counts, if it is for the Canadian Military, or Federal or Provincial Gov'ts.
2. Study abroad does not count for citizenship at any time.
3. I suggest you ever gave you the information, hasn't a clue about Canadian citizenship applications.

 

[Msafiri]

Thanks for your answer. I have inquired about this and found out that Study or working abroad for canadian employer will be counted as physical presence in Canada thus I can go study and still come back and apply for my citizenship.

I'll concur with PMM that whomever is giving you this 'advise' doesn't know what they are stating. The Citizenship Act requires 3 years of residence. The Act does not define residence as physical presence so in theory you could apply with 1095 days of PR time where some of the days are not 'physical' presence. This is known as applying with 'basic' residence.

However CIC get round this by placing applicants without 1095 days of actual physical presence (APP) into a non routine group. Check the 35 month processing time for this and weep. You will be issued a RQ and must appear in front of a Citizenship Judge to explain what is so special about your case that you should be given a pass on the physical presence. You need to add at least 12 months to the non routine time for seeing a Judge. Double this if your Local Office has just the one Judge! Still want to weep some more?

Now if you say worked as a cross border truck driver and are short of say 50 days and your job is such that getting to 1095 days is an issue the Judge/ CIC may have some sympathy. Being a student doesn't cut it - you can study in Canada is the rationale.

You can go legal with this if you think CIC are giving you a raw deal. Just note that increasingly case law before the courts is that those without 1095 days of physical presence get bounced. If you are not in the military, the Provinces or the Feds your absence is really deemed a lifestyle choice and in your case it really is.

 

[on-hold]

If you've been a PR holder for two years, then you should be fine going to Europe to study for two years -- you can come back, renew your PR, and live in Canada for three years before applying for citizenship.