Citizenship Application - Residency Requirements due to work

[jdug]

Hi ,

I am not sure if this has been brought up before , but I am pretty sure some of us would have gone through the same situation.I am pretty new to this forum and trying to adjust to it , so please forgive me if anything sounds stupid.

So here is the situation. I am currently a permanent resident to Canada and living continuously from 2010 (May).

I know the fact that in order to apply for citizenship , the ideal condition is to apply for it after physically staying in the country for a period of 1095 days in the last four years from the date of the application.Now if I try to calculate the same for myself , I am short few months due to the fact that I have have been frequently travelling to US for business meetings / trainings on Client location.

Another concern is that I would be travelling to US in the coming months but I would like to know if its possible to apply for citizenship as I am travelling for work reasons. Does citizenship Canada considers such situations ? Would days spent outside for work reasons count towards residency ?

If yes please advice under what conditions ? If there is a link for further information that would be great.

Thanks in advance.
JD

 

[Swede]

Hi ,

I am not sure if this has been brought up before , but I am pretty sure some of us would have gone through the same situation.I am pretty new to this forum and trying to adjust to it , so please forgive me if anything sounds stupid.

So here is the situation. I am currently a permanent resident to Canada and living continuously from 2010 (May).

I know the fact that in order to apply for citizenship , the ideal condition is to apply for it after physically staying in the country for a period of 1095 days in the last four years from the date of the application.Now if I try to calculate the same for myself , I am short few months due to the fact that I have have been frequently travelling to US for business meetings / trainings on Client location.

Another concern is that I would be travelling to US in the coming months but I would like to know if its possible to apply for citizenship as I am travelling for work reasons. Does citizenship Canada considers such situations ? Would days spent outside for work reasons count towards residency ?

If yes please advice under what conditions ? If there is a link for further information that would be great.

Thanks in advance.
JD

Don't apply if you don't have your 1095 days of physical presence. Time spent working abroad doesn't count, you need to have been in Canada for at least 1095 days the day before you sign your application.

 

[Leon]

Actually, you can apply with less than 1095 days in Canada but your application will likely take forever and you will have to show that you have strong ties to Canada and do deserve to get citizenship even though your job keeps you away from Canada a bit too much.

If you are gone for months at a time, I don't think it's worth trying this. If you have your home in Canada but are forced to travel frequently on business for your Canadian employer, it might be worth a try.

 

[dear_pnp]

Your days outside Canada CAN BE counted as days of physical presence.

Condition: If you work for government of Canada or Federal work place and were sent and being sent on business trips by them.

 

[eileenf]

I know the fact that in order to apply for citizenship , the ideal condition is to apply for it after physically staying in the country for a period of 1095 days in the last four years from the date of the application.

The CIC does an incredibly poor job alerting applicants to the consequences of applying for citizenship if you are short of days of Physical Presence. The CIC makes it seem like "Oh, it's ideal to have 1095+ days, but who knows? Only a judge can say."

If you apply with less than 1095 days, you will know.

If you apply with less than 1095 days, you will receive a Residence Questionnaire and you will have to see a judge. These conditions are not value neutral. They both will add years and a lot of stress to your application process. In general, RQ adds 1-4 years, judge adds 6 months-2 years.

The RQ asks for:

Report the exact dates of every absence from Canada, including day trips to the US from their arrival date in Canada to the present.
Documentation to verify these absences.
Colour photocopies and official translations of all pages of all current and expired passports.
Colour photocopies and official translations of all current and expired visas.
Official Records of Movement from any countries where one holds a passport.
Rental agreements with proof of rental payment
Mortgage or title documents
Property tax assessments
Municipal or school tax documents
Insurance policies
Marriage or divorce certificates
Children’s birth certificates
School transcripts or report cards
CRA Notices of Assessments
CRA T-4 statements, T-5 statements
Bank statements
Credit card statements
Corporate income tax documents
Incorporation and registration documents
Contracts, invoices and business bank statements
Letters from suppliers and purchasers
Logbooks and advertising contracts
Health records, immunization records for children
Proof of membership in religious or community organizations
Letters attesting to community service

So, if you apply now and it takes 4-5 years for your citizenship to be processed because of your shortfall of days, you may get citizenship by 2018.
If you wait to apply until next year or the year after when you can apply with 1095 days + a few extra, you may actually get citizenship years sooner by avoiding the RQ and judge hearing.

 

[jdug]

@eileenf,@dear_pnp,@Leon,@Swede

Thanks all for all the comments & advice. I think this is the right way. I would wait for the actual physical presence of 1095 and then apply for it. I did talk to one of the representative and he was not at all helpful in providing information , below is what they sent me.


Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

New Citizenship Rules

Bill C-37, a new law (cic[dot]gc[dot]ca/english/citizenship/rules-citizenship[dot]asp) to amend the Citizenship Act, came into force on April 17, 2009.

The new law gives Canadian citizenship to certain individuals who lost it and to others who are recognized as citizens for the first time. Also, all individuals who are Canadian citizens at the time the law comes into effect keep their citizenship.

Please visit our Web site where you will find a self-assessment tool that will help you find out if you are a Canadian citizen under the new citizenship law.






Details on Residence Requirement

As an adult, to meet the residence requirement for Canadian citizenship , you must have lived in Canada for at least 1,095 days out of the four years preceding the date your application was signed on. Please note that you must have been a permanent resident for at least two out of those four years.

During the four year period, if you lived in Canada before you became a permanent resident, you may count some or all of those days towards meeting your residence requirement. Each day counts as half a day, adding up to a maximum of 365 days. For example, if you were working in Canada on a temporary work permit for two years before becoming a permanent resident, you can add 365 days to the calculation of your residence.

Time spent outside of Canada accompanying a Canadian citizen spouse working with the public service of Canada, of a province or for the Canadian armed forces can be calculated towards meeting your residence requirement.

You must list all your absences from Canada during the four-year period and subtract those days from the amount of time you have lived in Canada within this period. Absences could have an effect on your application, but only a citizenship judge can decide if you meet the residence requirements with less than 1,095 days of physical presence.

Please note that time spent on parole, in prison or on probation during the applicable four year period is not counted as time lived in Canada towards the residency calculation. To find out if you meet the residence requirement, you can use the residence calculator on our website.






Requirements for Adult Citizenship Applicants

To apply for Canadian citizenship as an adult, you must meet the following requirements:

Be 18 years of age or older;
Have lived in Canada for at least 1095 days in the four years preceding the date you sign your application on;
Have been a permanent resident of Canada for at least two out of the four years preceding the date you sign your application on;
Be able to communicate in either English or French;
Have sufficient knowledge of Canada;
Have sufficient knowledge of the rights and responsibilities of a citizen;
Not be under a removal order (i.e. the Government of Canada has ordered you to leave the country);
Not be a security risk; and
Not be under a prohibition.






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