Apply for Citizenship - Stayed out of country in USA for 9 months for Job

[tejasvora]

Hi Guys,

I got my PR on March 31 2011. After that I was working in USA and my my wife was stating with me. After that I moved back to Canada on December 25 2012 permanently and have been living in Canada ever since.
My actual requirement of 1095 days is almost over in the end of March 2014 and I would like to apply for a Citizenship.

But now I am not sure, the 9 months period after I got my PR, when I stayed in USA for job purpose would create any problem or it would still count towards my requirements?

If somebody can help me answer this question - that would be really helpful.

 

[chakrab]

you can't count the days spent in US towards residency. use the residency calculator and put all dates that you were outside canada to figure out if your meet the requirement.

 

[tejasvora]

Well, I calculated number of days using online tool and what it says:

I will accumulate the "Basic Residence" days (1095) on 31st March 2014
And I will accumulate Physical Presence days on 10th January 2015.

in Canada is the minimum time required to be eligible for a grant of citizenship (1,095 days). If I have accumulated BR days, I can apply, but if I am short of Physical presence, the case might go to Citizenship Judge and he/she will decide.

What should I do in this case? Does anybody have such experience?

 

[chakrab]

you need to attain the physical presence days, otherwise your application will very well be rejected. sending it without meeting the residency requirement with definitely get you a RQ, which means 3 years of processing.

 

[links18]

Well, I calculated number of days using online tool and what it says:

I will accumulate the "Basic Residence" days (1095) on 31st March 2014
And I will accumulate Physical Presence days on 10th January 2015.

in Canada is the minimum time required to be eligible for a grant of citizenship (1,095 days). If I have accumulated BR days, I can apply, but if I am short of Physical presence, the case might go to Citizenship Judge and he/she will decide.

What should I do in this case? Does anybody have such experience?

Taking your chances with a CJ when you clearly don't meet the physical presence requirement is fraught with risk. I wouldn't do it. That said, are you aware that the law will be changing soon and it will be much harder to qualify for citizenship when that law goes into effect? Its unclear if you wait until January 2015 that the current law will still be in effect then. Moreover, if you apply exactly when you become eligible, you are leaving yourself no buffer room, in case there are any mistakes or discrepancies in your abscences. CIC would probably go over your application with a fine tooth comb. Expect a residency questionnaire at the minimum.

 

[rayman_m]

I have landed in Jan, 2011 and my basic residency meeting is over now but I have 140 days travel which now I am waiting to crossover while my family will be applying 2 month earlier than me..

It's certain that applying less than 1095 physical residence, application will be rejected and you will have to apply all over again and your file will be 200% scrutinized. I have seen today in other topic that an applicant applied in 2012 for 2nd time after rejecting his case due to short of 67 days physical presence and in 2nd time he got RQ and still waiting no result. Think about, how much time he lost in between at least 5 years.. The reason? only short of 67 days..

So, let's we be little patient here to accumulate physical presence. You might get benefit of doubt as the new law may come in effect end of this year or month or 2 in 2015. Nevertheless, even if you wait another year and apply under new law your file will be processed faster as Govt. outlined in the new law.

But one concerned you have to take in consideration that you spent 9 months in 2015 and new law says you have to spend at 4 years physical presence out of last 6 years and a minimum of 6 month physical presence in every year. Therefore, if you fall under new law, most likely you will be eligible to apply in early 2017 after accumulating of 4 years physical presence.

 

[nguyentu2001]

Well, I calculated number of days using online tool and what it says:

I will accumulate the "Basic Residence" days (1095) on 31st March 2014
And I will accumulate Physical Presence days on 10th January 2015.

in Canada is the minimum time required to be eligible for a grant of citizenship (1,095 days). If I have accumulated BR days, I can apply, but if I am short of Physical presence, the case might go to Citizenship Judge and he/she will decide.

What should I do in this case? Does anybody have such experience?

Never apply when you don't have enough days. Way until Jan 2015 according to your calculation. Also by Jan 2015, the law will change to 4 fours or something...meaning you need to wait until 2016 to apply.

Again, never apply when you are short of days...waste of time, effort and money.

 

[chelavnzuo]

Unless OP was working for a Canadian company in US, otherwise "Basic Residence" is just a confusing and useless term...