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Citizenship for residents accompanying a Canadian Citizen abroad.

alexkandel

Member
Aug 11, 2012
10
0
I am married to a Canadian citizen, and have been a permanent resident of Canada since January 2012. Because my wife has a job in the US, most of the time since I became Canadian permanent resident I have been living in US accompanying my wife. She is a professor at the US university. We would gladly move to Canada, but neither of us can find jobs there.

Will I have a chance to get Canadian citizenship now? I have met basic residence requirement, but not physical presence requirement.

CIC states that residing with your Canadian spouse abroad equals physical presence for maintaining permanent resident status. When it comes to citizenship CIC does not provide a definite answer. It states, that in case of less that 1095 days of physical presence the application will go before the citizenship judge. It does not, specify, however, whether residing with your Canadian citizen spouse abroad, because she has a job, will be taking into consideration as proof of my ties to Canada.

Is anybody in the same situation?
 

scylla

VIP Member
Jun 8, 2010
95,904
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
How many days have you physically lived in Canada in the last four years?
 

scylla

VIP Member
Jun 8, 2010
95,904
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Absolutely no hope citizenship will be approved for you. If you apply, you'll just be throwing away money.

The requirement is 1095 days of physical residency in the last four years. People can sometimes get through if they are a handful of days short. It's not going to happen in your case.

Since you are living outside of Canada with your Canadian citizen spouse - you can count the days you live outside of Canada towards your PR residency obligation. However you cannot count these days towards the citizenship residency requirement. For citizenship physical presence is mandatory.

Forget about citizenship until you've actually lived in Canada for a few years.
 

scylla

VIP Member
Jun 8, 2010
95,904
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Just to add, note that the citizenship residency requirement is going up to 4 years out of 6 years in Canada later this year. You'll fall under this rule once you are ready to apply.
 

alexkandel

Member
Aug 11, 2012
10
0
Thanks for your reply.

I just wanted to add, that although I became a permanent resident in Jan 2012, we have been married since 2009, and have been living together since 2007 (all the time in the US). I had also spent a couple of months in Canada before I became a permanent resident.

Would that have any positive impact on my application?
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
alexkandel said:
Thanks for your reply.

I just wanted to add, that although I became a permanent resident in Jan 2012, we have been married since 2009, and have been living together since 2007 (all the time in the US). I had also spent a couple of months in Canada before I became a permanent resident.

Would that have any positive impact on my application?
no. time spent in canada as a visitor or being married to a canadian citizen hardly counts toward citizenship eligibility. the fact remains you must PHYSICALLY be present in canada for a certain amount of days to qualify.