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Basic Residence and Physical Presence predicament

ting

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Sep 5, 2009
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I have read the discussions onthe subject in this forum however, I could not find a similar situation than what me and my family currently have on the table. Our case may be an unusual case - but I am presenting it here just in case someone already may have experienced this or may have options other than what is currently available on the forum.

Anyway, here goes.

I have been a citizen of Canada since the mid 1980s. My wife became a permanent resident of Canada since mid 2005 and has already given birth to 2 children both of which were born in western Canada within the last 3 years,

Facts:
- We've never moved from our place of residence for almost 4 years now;
- The entire family travels extensively every year - averages about 180 days OUT of the country every year;
- Days absent in Canada is about 610 out of 1460;
- We always travel together;

With the current Canadian Citizenship process calculating only the last 4 years and not the previous years beyond the 4 years, it looks like that it will be challenging to achieve 1095. For instance, what we will add if we decide to wait for 2 more years will be deducted from the current 2 years already accumulated today.

Though I understand that my wife can maintain her PR status while married or in the company of my children (minors) outside of Canada, but that does not resolve the issue of obtaining Canadian Citizenship.

The challenge we have is that every time we travel, my wife is the only one that has a foreign passport other than the 3 other family members that are all Canadians.

I read this topic Canadian Citizenship Physical Presence and the Three Year Residence Requirement from another site which cannot be cited here - but wanted to dig more specific.

I am hoping that I may get some expert opinions to objectively address this.

Thank you in advance!
 

Leon

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Jun 13, 2008
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Without staying in Canada for 1095 days in a 4 year period, your wife will never be able to apply for citizenship. Either accept that she will always only be a PR or cut down on her travels for a while to allow her to apply.

The residency requirements to keep PR are different and separate from the requirements to apply for citizenship. She only needs to live in Canada 2 out of every 5 years to keep her PR. Time spent outside Canada with a Canadian citizen spouse counts as time spent in Canada. Time spent outside Canada without spouse but with or without Canadian citizen children counts as time spent outside Canada.