Citizenship concerns/questions

[Leon]

Is this true?

I saw this from another website someone had posted.

7.5. Accompanying a Canadian citizen outside Canada
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,
ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,
provided that the Canadian citizen they are accompanying is a spouse or common-law partner or
parent.
In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not
necessary to determine who is accompanying whom, nor is it necessary to determine for what
purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is
accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as
the residency obligation is met.


In this case, when I go back to my country for 12 months, my husband will be with me (he is a Canadian).
So, will the number of days I am outside Canada be considered as being present here? Please clarify. I also heard this is only in case of spouses who are in the military services.
Thanks.

The section you quoted applies to PR's in regards to meeting the PR residency obligation. It does not apply to citizenship.

The section that applies to citizenship can be found here: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/cp/cp05-eng.pdf on page 5

1.7. Spouse of Canadian living abroad

Sub-section 5(1.1) was proclaimed in 1988. It treats residence for an applicant, as described in that provision, as if the person were in Canada.

1.7.1 Specific periods count as residence

The Citizenship Act was amended in 1988 to allow the spouse of a Canadian citizen residing outside Canada with that person to count certain specific periods as residence in Canada. "Spouse" refers to a married person.

Section 5(1.1) applies only where the Canadian citizen spouse is working with the public service of Canada or a province or for the Canadian armed forces.

Any day of residence outside Canada, before lawful admission to Canada, is equivalent to onehalf day of residence in Canada.

Any day of residence outside Canada, after lawful admission to Canada, is equivalent to one day of residence in Canada.

Any residence outside Canada before the marriage that is within the four year period before the date of application cannot be counted towards the residence requirement.

 

[Leon]

Is this true?

I saw this from another website someone had posted.

7.5. Accompanying a Canadian citizen outside Canada
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,
ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,
provided that the Canadian citizen they are accompanying is a spouse or common-law partner or
parent.
In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not
necessary to determine who is accompanying whom, nor is it necessary to determine for what
purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is
accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as
the residency obligation is met.


In this case, when I go back to my country for 12 months, my husband will be with me (he is a Canadian).
So, will the number of days I am outside Canada be considered as being present here? Please clarify. I also heard this is only in case of spouses who are in the military services.
Thanks.

The section you quoted applies to PR's in regards to meeting the PR residency obligation. It does not apply to citizenship.

The section that applies to citizenship can be found here: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/cp/cp05-eng.pdf on page 5


1.7. Spouse of Canadian living abroad

Sub-section 5(1.1) was proclaimed in 1988. It treats residence for an applicant, as described in that provision, as if the person were in Canada.

1.7.1 Specific periods count as residence

The Citizenship Act was amended in 1988 to allow the spouse of a Canadian citizen residing outside Canada with that person to count certain specific periods as residence in Canada. "Spouse" refers to a married person.

Section 5(1.1) applies only where the Canadian citizen spouse is working with the public service of Canada or a province or for the Canadian armed forces.

Any day of residence outside Canada, before lawful admission to Canada, is equivalent to onehalf day of residence in Canada.

Any day of residence outside Canada, after lawful admission to Canada, is equivalent to one day of residence in Canada.

Any residence outside Canada before the marriage that is within the four year period before the date of application cannot be counted towards the residence requirement.