Citizenship Applications where the 3-year residency has not been met

[ahmad2010]

I have read the following statement somewhere:

"Residence in Canada is usually demonstrated by physically residing in the country but in certain cases a person need not have been physically present for the entire three-year period if they can demonstrate they maintained a substantial connection to Canada during their absence. For example, where a person has their family in Canada, their property in Canada, has paid their income tax in Canada, and has been traveling back to Canada on a regular basis, but has spent more than one year in four outside Canada, it may still be possible to apply for citizenship on the basis they have been “de facto” resident in Canada. In each case a Citizenship Judge will review all the facts and make a decision as to whether a person can be considered resident for purposes of their citizenship application even if they have not been physically present in Canada for the entire 3 years in 4."

How true is this? Does anyone here have any experience with this issue? Do you know someone who has been through this process? Please share.

 

[Baloo]

Please quote the source.

We are all aware of:
Time lived in Canada

To become Canadian citizens, adults must have lived in Canada for at least three years (1,095 days) in the past four years before applying.

http://www.cic.gc.ca/english/citizenship/become-eligibility.asp



You may want to read OP 05
http://www.cic.gc.ca/english/resources/manuals/cp/cp05-eng.pdf

IMO if someone wants to become a citizen then it is not unreasonable for them to follow the defined conditions.

 

[Leon]

If you apply without 1095 days, your application will take at least an extra year because you will have to wait for an interview. Once you have the interview, you will have to convince a citizenship judge what is so special about you that you should get citizenship without meeting the residency requirements. I have heard of people who have been granted citizenship when they were only missing a few days in which case it would have been a lot simpler for them to wait until they had the required number of days and apply then. I have never heard of someone getting citizenship who was way off on the requirements.

 

[Baloo]

I have never heard of someone getting citizenship who was way off on the requirements.

It's good to know that the rules mean something.

 

[ahmad2010]

Many thanks, Baloo and Leon.

 

[kojirohyuga]

Hello everyone,

I have just received an email from CIC asking me to send in my passport for stamping PR VISA.
I have been living/studying in Canada, however, since September 2001 (it's been almost 10 years now), do you think that would be considered as an exception for me to apply for citizenship before the 1095 days requirements?

I'm not saying I should be favored, nor trying to disrespect the rule or anything. Although the Canada VISA website mentions there're a few exceptions to the Rule (but not specifically), and I was wondering if my situation fall into any of those exceptions?

Thank you,

 

[Leon]

You can use time in Canada before you got your PR to apply after as little as two years in Canada as a PR. You can try applying before that but I think it is likely that your application going the special route will take so long that even if you get your citizenship as an exceptional case, you will not get it much sooner that if you had waited until you met the requirements.

 

[kojirohyuga]

Thank you Leon. Guess I'll wait then .

 

[tshah]

Guys,

I have been waiting for over 2 years for my citizenship. Had my test in Feb. 2010, and since then no news.
I was given an RQ during the test because CIC found out that I was 40 days short. Until today, I don't know how they came up with that number because I followed their guidlines and calculated my days in Canada correctly (at least I thought).

Anyways, I have called many times over the past 1+ year, and when I was lucky and actually got through to a live person, was told that processing for RQ could take 1.5 years after the test. They told me there is nothing wrong with my application, just got to be patient.

Funny thing is that my wife, who applied 4 months after me, and also received an RQ, got her citizenship back in January 2011.
We both lived in Canada the same amount of time, actually I arrived in Canada 1 month before she did, and had less time outside of Canada than she did. Bottom line: Don't try to figure out how the system works, because works in mysterious ways. I know many people applied around the same time as me and had their entire applicaiton process completed in less than 1 year. It is really frustrating when you don't know why this is happening to you, and there is no way of tracking the status. I wish they had a Fed-Ex like system

 

[Alabaman]

Maybe they dont want you to get your Citizenship and then go back to Jordan. They want you to stay in Canada

 

[Leon]

Some applications just take longer than others. I didn't get a RQ and I was asked for no further documents but it still took me 2.5 years to get citizenship, most of the time was waiting between AOR and test. If I would have had an RQ, it might have taken 5 years in total.

A word of advice for those who haven't applied yet, if you are bit short on days, wait a little longer to make sure. You want to avoid RQ it at all possible.

 

[lisaa]

Hello,

I am in need an advise and guidance on Citizenship Applications where the 3-year residency has not been met.

1: Has any one ever got / heard of getting citizenship of Canada on the criteria of Basic Residency, where 3 year residency criteria has not been met? If yes, can you please guide for the procedure, time lines and success story?

2: What are ther questions of RQ? Can any one please post it?

Kind Regards,
Lisaa

 

[scylla]

See Leon's comment above. Quote:

"If you apply without 1095 days, your application will take at least an extra year because you will have to wait for an interview. Once you have the interview, you will have to convince a citizenship judge what is so special about you that you should get citizenship without meeting the residency requirements. I have heard of people who have been granted citizenship when they were only missing a few days in which case it would have been a lot simpler for them to wait until they had the required number of days and apply then. I have never heard of someone getting citizenship who was way off on the requirements."

If you submit your citizenship application now with so many days lacking, you should expect to get RQ and then have your application refused by the judge.

 

[lisaa]

Thank You for your guidance, Scylla... !! I understand it is tough and difficult. The family situation is pressing me to do so.


Hello Everyone,

I am in need your advice & guidance on my planning for Citizenship Application (in near future), where I have not completed my 3-year residency (1095 days of physical presence). As on today, I have not applied for Citizenship.

In brief:
- Landed as PR in ON, Canada (Federal Skilled Worker): Landed in June 2008.
- Total PR days (physically stayed in Canada): 745 days, since June 2008.
- Citizenship days (Physical Presence - stayed in Canada): 745 days.
- Citizenship Days (Basic Residency -from the date of landing): 1110 days.

I understand, now, I am eligible for PR Card renewal (as I have completed 745 days of physical presence in Canada).

But, I am planning to apply for Citizenship on the basis of Basic Residency (Three years from the date of landing).
My concerns are as follow:

1: Any one has ever applied (even heard of) and got citizenship of Canada on the criteria of Basic residency - three years from date of
landing? I mean, 1095 Days Rule of Physical Presence, have not been completed?

2: Can professional advice and representation from lawyer can be of more help, prior to applying to Citizenship, in my case?

3: Godforbid, if my citizenship application is rejected, is there any chance that I will not be eligible for renewal of my PR card?


The personal and family situation is making me think in the direction of application for Citizenship on Basic Residency criteria

Lisa

 

[Leon]

You can try to apply for citizenship but your application will take a long time while you wait for an interview and then you must appear in front of a judge and explain why you are so special that you should not have to meet the physical residency requirements like everybody else. I haven't the faintest idea what your chances are but because you have more than 730 days in Canada in the last 5 years, you are still eligible to renew your PR card regardless of what happens with your citizenship.