Validity of days spent as a Canadian permanent resident for citizenship.

[mr-s]

Hi,

I haven't been on the forum for a while but I hope everyone waiting for PR with me a while back had success.

The CIC website states to maintain permanent residency of being present in Canada, 2 years out of 5, to renew your PR:

Situation 1. Accompanying a Canadian citizen outside Canada

You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Looking at that situation my days outside Canada count if accompanying my spouse and are deemed being 'present' in Canada for PR.

Transferring this over to a citizenship situation and the required presence in Canada, if my days accompanying my spouse count as being present, do these days count as being present in Canada and allow me to apply for citizenship, or is one rule for PR and another for citizenship?

I was thinking if it counts for PR, why not citizenship? CIC would accept my 'presence' in one situation, but then says you're not deemed 'present' in another?

Thank you in advance.

 

[Coffee1981]

No. It only counts towards maintaining your PR status. You must be physically present IN Canada for at least one minute of the day in order for that day to count towards your citizenship obligation. Sorry.

 

[scylla]

Citizenship is a higher level of privilege than permanent residency. To qualify for citizenship, Canada wants to see that you yourself have made a commitment to Canada. This is why physical residency in Canada is required for citizenship and why time spent outside of Canada with your citizen spouse does not count.

 

[dpenabill]

Ditto response by scylla.



And, as I am wont to give, a longer explanation . . .

. . . the credit toward presence in Canada, for purposes of the PR Residency Obligation, based on accompanying a Canadian citizen spouse abroad, is an exception, and it is one clearly rooted in a policy priority aimed at preserving family unity. It is, in large part, an accommodation to the Canadian citizen spouse, and to in effect not punish the family unit.

Overall, this recognizes (as a policy matter) that accompanying a Canadian citizen spouse constitutes a sufficient tie to Canada to justify retention of PR status.

Qualifying for Canadian citizenship requires more than ties to Canada, but requires actual physical presence in Canada, a commitment to actually live in and be a member of the Canadian community (noting, however, there are some very narrowly drawn exceptions).

 

[mr-s]

Thank you for the responses, my partner has a contract overseas, we might try do the 183 days as holiday/remote working in Canada and commute back and forth.

CIC change the rules every now and then so it would be nice to secure a passport.

Thanks once again for your input.