1095 days count query

[IT applicant]

Hello,
Can someone explain how to account towards the absence for the following as a part of 1095 days calculation towards citizenship?

-travelling outside canada for vacation
-travelling outside canada for your job(which is based in Canada)

Thnx

 

[scylla]

Both are counted as days outside of Canada and cannot be counted towards the 1095 residency days required to qualify to apply for citizenship.

 

[OhCanadiana]

Hello,
Can someone explain how to account towards the absence for the following as a part of 1095 days calculation towards citizenship?

-travelling outside canada for vacation
-travelling outside canada for your job(which is based in Canada)

Thnx

For now: Look at the 4 years prior to your application. Count either the day you left Canada or the day you came back as an absence (if you left and came back the same day, it does not count for an absence). February 29 doesn't count as presence or absence. Absences for vacation or your job both count as absences.

The calculator at https://eservices.cic.gc.ca/rescalc/ may help you keep track of it.

Note that there is a proposal to change the Citizenship Act that would change this so be keep an eye out for upcoming changes.

 

[SAYEK]

Hello,

Thanks for your info and calculator link. Although the link is self-explanatory, could you please advise about the below scenario for one of my uncles:

He has been living in Toronto since 2000 under work permit . So, about 13 years he lived in work permit, filed tax return every year and did not go outside Canada at all. He got his permanent resident last Jan 2013. Now its more than a year that he got his PR. Could you please inform whether he is eligible to apply for citizenship now? How many days would be counted from 13 years when he lived under work permit? From my understanding on residence calculator, he is eligible as he already completed more than 1095 days out of 4 years (4745 days for 13 years, (divided by 2) equals to 2372 days. Isn't it?

It would be highly appreciated if you please share your opinion.

thanks & regards,

SAYEK

For now: Look at the 4 years prior to your application. Count either the day you left Canada or the day you came back as an absence (if you left and came back the same day, it does not count for an absence). February 29 doesn't count as presence or absence. Absences for vacation or your job both count as absences.

The calculator at https://eservices.cic.gc.ca/rescalc/ may help you keep track of it.

Note that there is a proposal to change the Citizenship Act that would change this so be keep an eye out for upcoming changes.

 

[scylla]

Yes - you need 1095 residency days in the last four years to qualify for citizenship. Two years of those residency days (i.e. 730 days) must have been accumulated after obtaining PR. So he will need to wait until he has been a PR for at least two years before applying. He can count up to two years before he became a PR towards the 1095 day total - however each day before you became a PR only counts as 1/2 day towards the residency requirement for citizenship.

So if he hasn't left Canada at all in the last several years and remains in Canada until Jan 2015, then he will qualify to apply in January 2015 once two years have passed since he became a PR.

***Note that this is under the current citizenship rules. A bill has been put forward which proposes changes to the existing rules. If/when this bill has passed, the rules for qualifying will change.***

 

[PMM]

Hi

Hello,

Thanks for your info and calculator link. Although the link is self-explanatory, could you please advise about the below scenario for one of my uncles:

He has been living in Toronto since 2000 under work permit . So, about 13 years he lived in work permit, filed tax return every year and did not go outside Canada at all. He got his permanent resident last Jan 2013. Now its more than a year that he got his PR. Could you please inform whether he is eligible to apply for citizenship now? How many days would be counted from 13 years when he lived under work permit? From my understanding on residence calculator, he is eligible as he already completed more than 1095 days out of 4 years (4745 days for 13 years, (divided by 2) equals to 2372 days. Isn't it?

It would be highly appreciated if you please share your opinion.

thanks & regards,

SAYEK

1. He can only count 1/2 days for the 2 years prior to becoming a PR in the citizenship application, so a maximum of 1 year.
2. If he became a PR in Jan/13, if hadn't left Canada since Jan/11, he could apply for citizenship in January/15.

 

[chakrab]

Hello,

Thanks for your info and calculator link. Although the link is self-explanatory, could you please advise about the below scenario for one of my uncles:

He has been living in Toronto since 2000 under work permit . So, about 13 years he lived in work permit, filed tax return every year and did not go outside Canada at all. He got his permanent resident last Jan 2013. Now its more than a year that he got his PR. Could you please inform whether he is eligible to apply for citizenship now? How many days would be counted from 13 years when he lived under work permit? From my understanding on residence calculator, he is eligible as he already completed more than 1095 days out of 4 years (4745 days for 13 years, (divided by 2) equals to 2372 days. Isn't it?

It would be highly appreciated if you please share your opinion.

thanks & regards,

SAYEK

check with the calculator and it will be very easy. days before PR are considered half a day. so you will need at least 2 years of PR to apply.

2 years before PR * 0.5 + 2 years after PR = 3 years eligibility out of last 4 years.

sadly it doesn't matter how long one has stayed in Canada, only last two years before PR will count at most.

 

[SAYEK]

check with the calculator and it will be very easy. days before PR are considered half a day. so you will need at least 2 years of PR to apply.

2 years before PR * 0.5 + 2 years after PR = 3 years eligibility out of last 4 years.

sadly it doesn't matter how long one has stayed in Canada, only last two years before PR will count at most.

...
Thanks a lot, Scylla, PMM & Chakrab. I got the clear answer. Bottom line is that he must fulfill 730 days after he got PR, then he can cover from past 13 years (as of current rule) .
Highly appreciate your prompt responses guys.....

 

[keesio]

then he can cover from past 13 years (as of current rule) .

To be clear, he can only count time up to a max of four years prior to his application date. So he needs 1095 days in Canada in the last four years, of which time before PR counts as half. For example, I came to Canada in January of 2001. I became a PR on June 8th, 2009. I applied for citizenship on April 26th, 2013. So when calculating by 1095 days, I can only count from April 26th, 2009 to April 26th, 2013. Days from April 26th, 2009 to June 7th, 2009 are counted at half (1/2) days. Days from June 8th, 2009 to April 26th, 2009 are counted at full (1) days. All those days in Canada before April 26th, 2009 do NOT count at all.

 

[SAYEK]

To be clear, he can only count time up to a max of four years prior to his application date. So he needs 1095 days in Canada in the last four years, of which time before PR counts as half. For example, I came to Canada in January of 2001. I became a PR on June 8th, 2009. I applied for citizenship on April 26th, 2013. So when calculating by 1095 days, I can only count from April 26th, 2009 to April 26th, 2013. Days from April 26th, 2009 to June 7th, 2009 are counted at half (1/2) days. Days from June 8th, 2009 to April 26th, 2009 are counted at full (1) days. All those days in Canada before April 26th, 2009 do NOT count at all.

...
Thanks a lot, for your detailed explanation. Highly appreciate.

Regards,

Sayek