183 days in a row? Police certificate, travel calculation question

[batalex]

I am confused about the question 10.b. in the citizenship application form:

In the past 4 years, were you in a country other than Canada for 183 days in a row?

Say, in the year before obtaining my PR and landing in Canada, I lived in Germany for 200 days (for work; not my country of origin). I never spent 183 days in a row there though - the period was interrupted as I took a weekend trip to visit my family in Austria every month or so.

Technically, I wasn't physically present in Germany for 183 days in a row. Should I answer 'No' based on this interpretation?
Or, would it be safer to answer 'No' but provide a police certificate anyway in case they need it?

Also: should I include this time in Germany (before PR) and the weekend trips to Austria in my Physical Presence Calculation, for clarity (to show there were never 183 days in a row)?
I have currently only entered all trips outside of Canada that happened after obtaining my PR, as that is the only time that I will be counting towards my days calculation.

 

[rajkamalmohanram]

I am confused about the question 10.b. in the citizenship application form:

In the past 4 years, were you in a country other than Canada for 183 days in a row?

Say, in the year before obtaining my PR and landing in Canada, I lived in Germany for 200 days (for work; not my country of origin). I never spent 183 days in a row there though - the period was interrupted as I took a weekend trip to visit my family in Austria every month or so.

Technically, I wasn't physically present in Germany for 183 days in a row. Should I answer 'No' based on this interpretation?
Or, would it be safer to answer 'No' but provide a police certificate anyway in case they need it?

Also: should I include this time in Germany (before PR) and the weekend trips to Austria in my Physical Presence Calculation, for clarity (to show there were never 183 days in a row)?

I have currently only entered all trips outside of Canada that happened after obtaining my PR, as that is the only time that I will be counting towards my days calculation.

I am confused about the question 10.b. in the citizenship application form:

In the past 4 years, were you in a country other than Canada for 183 days in a row?

Say, in the year before obtaining my PR and landing in Canada, I lived in Germany for 200 days (for work; not my country of origin). I never spent 183 days in a row there though - the period was interrupted as I took a weekend trip to visit my family in Austria every month or so.

Technically, I wasn't physically present in Germany for 183 days in a row. Should I answer 'No' based on this interpretation?
Or, would it be safer to answer 'No' but provide a police certificate anyway in case they need it?

The question is worded like this - "In the past 4 years, were you in a country or territory other than Canada for 183 days or more in a row (since the age of 18)?".

There is nothing in that question that allows us to assume they are talking about being "Physically present" in the country. In this context, IMO, they are talking about 'residence' (country where you were 'residing' in). You were 'residing' in Germany immediately before establishing PR AND even when you went on trips to Austria, you were still a 'resident' of Germany.

Based on the understanding of the statements above, you should answer 'Yes' to this question and then provide an explanation as to why you aren't providing a Police certificate - "Germany was my country of origin immediately before establishing Permanent Residence AND I have submitted a police certificate from Germany at the time of PR application, hence I am NOT submitting a police certificate for Germany now".

AFAIK, "Country of Origin" is NOT the same as "Country of Citizenship". "Country of origin immediately before establishing Permanent Residency" means the country you were "residing" in just before establishing PR in Canada. In your case, it was Germany.

Also: should I include this time in Germany (before PR) and the weekend trips to Austria in my Physical Presence Calculation, for clarity (to show there were never 183 days in a row)?

Absolutely not. You should only declare the trips AFTER you became a PR in the physical presence calculator. Adding any trips before becoming a PR will give you incorrect calculation.

I have currently only entered all trips outside of Canada that happened after obtaining my PR, as that is the only time that I will be counting towards my days calculation.

You've done the right thing here.

The above statements are my opinions only.

 

[batalex]

There is nothing in that question that allows us to assume they are talking about being "Physically present" in the country. In this context, IMO, they are talking about 'residence' (country where you were 'residing' in). You were 'residing' in Germany immediately before establishing PR AND even when you went on trips to Austria, you were still a 'resident' of Germany.

Thanks. So, what you're saying is that interrupting this period with short trips doesn't count - but then why would they stipulate "in a row"? I don't believe there is anything in the question that allows you to assume residence either - rather "being" (the question is "were you" - presence).

 

[rajkamalmohanram]

Thanks. So, what you're saying is that interrupting this period with short trips doesn't count - but then why would they stipulate "in a row"? I don't believe there is anything in the question that allows you to assume residence either - rather "being" (the question is "were you" - presence).

Exactly my point. There is nothing in the question that allows you to assume "residence" either but given a choice, would you rather be safe or sorry? "Better safe than sorry", they say. Even if you answer YES, as long as you provided the German PCC during your PR, you wouldn't have to submit it along with your Citizenship application. I think the safest (and the correct) thing to do here is to answer "Yes" to that question in your scenario.

Of course, it is your application and you are free to answer it the way you want to. I am just providing you with an informed opinion, that's all.

Wish you luck!

 

[batalex]

Exactly my point. There is nothing in the question that allows you to assume "residence" either but given a choice, would you rather be safe or sorry? "Better safe than sorry", they say. Even if you answer YES, as long as you provided the German PCC during your PR, you wouldn't have to submit it along with your Citizenship application. I think the safest (and the correct) thing to do here is to answer "Yes" to that question in your scenario.

Of course, it is your application and you are free to answer it the way you want to. I am just providing you with an informed opinion, that's all.

Wish you luck!

Gotcha. I was thinking perhaps "Yes" would be wrong because that time period was interrupted by short trips so it's not exactly in a row - but I am more than happy to provide a PCC! I hope answering Yes and providing a PCC are going to be okay (because after all that is going the extra mile, even if turns out to be totally unnecessary) and not some kind of misrepresentation in such case?

As a side note, out of curiosity - do you know if they accept print-outs of digital certificates with your paper application? If someone has it in PDF (issued as PDF by foreign authorities).

 

[rajkamalmohanram]

Gotcha. I was thinking perhaps "Yes" would be wrong because that time period was interrupted by short trips so it's not exactly in a row - but I am more than happy to provide a PCC! I hope answering Yes and providing a PCC are going to be okay (because after all that is going the extra mile, even if turns out to be totally unnecessary) and not some kind of misrepresentation in such case?

Answering Yes and providing PCC should be fine but in your case, I don't think you have to submit a PCC. But go ahead and add it to your application if you see the need.

As a side note, out of curiosity - do you know if they accept print-outs of digital certificates with your paper application? If someone has it in PDF (issued as PDF by foreign authorities).

This I am not sure. You should check this