Citizenship requirements, what am I missing?

[scottyxx]

Hi,
According to the basic rules of citizen ship, 2 years PR, plus 3/4 years in Canada, I qualify yet when I do the calculations online I do not.

Can someone help?

I got PR Feb 21, 2013, so I have two years Feb 21, 2015.
I have taken 3 weeks vacation since getting PR.
I landed in Canada June 24, 2010.
I have taken 8 weeks vacation between landing and getting PR.

To me, this meets the requirements, but yet when I use the form. For calculating it goes as follows:
Date of PR: 2013-02-21
Date signed: 2015-03-21 (using as example)
Days: 758
Days outside: 21
Total days: 737

Section 2:
Date landed: 2010-06-24
Date PR: 2013-02-21
Days: 973 (has to be rounded to 730) 730
Days absent between date 1 and 2: 60
Total days: 670 supposed
1/2ed days: 335

Total days: 1072

The reason I am in such a rush is to beat the new legislation.

Why is it fair that only the last 2 years of residency in non-PR is counted, but ALL absences in non-PR are counted against you? Has anyone else noticed the flaw in this logic? Why is vacation I took in 2011, being counted against me now? When the other 50 weeks of the year I was present in this country in 2011 not counted?

Can someone help? Am I misunderstanding this?


Also, I was thinking I could "try my luck" and apply at my 2 year anniversary. I own a house in Canada, and have worked and paid tax since 2010. I am married to a Canadian man, and have worked every single day I have lived here. All absences have been home over xmas time to see family. My situation isn't special or anything, but I am hoping they would sympathize with someone who has worked hard, and made ties here.

 

[scylla]

All absences are not counted. Only those absences that fall withint the four year period before you apply are counted.

Absences are no different than days in Canada. You only look at the previous four years.

So if you apply for citizenship 2015-03-21 - then all absences and days in Canada that fall bewteen 2011-03-22 and 2015-03-21 will be counted. Anything outside of that four year period won't count.

It's difficult to help you further since you haven't provided the exact dates of your absences before you became a PR.

 

[scottyxx]

Hi, The form I am using does not specify the dates.

It just says:
If you were outside canada between the date in F ( June 24, 2010) and the date in G (Feb 21, 2013) enter the total number of days absent.

It does not take into account the 2 year previous rule. It counts all absences. The online tool is doing the same, and saying I won't be eligable until after July 2015.

My holiday dates are (non specific, ball park):
2010 - 2 weeks over xmas/new year
2011 - 2 weeks over xmas/new year
2012 - 1 week in april, 2 weeks over xmas/new year
2013 - 1 week in april, 2 weeks over xmas/new year
2014 - 0 days

That makes 10 weeks, so I was not calculating right. I'm just starting to look at this now, and don't have my specifics, I am having a hard time getting over why neither the form, or the online calculator say I qualify?

 

[scylla]

Just to add... You will definitely need to push your application date out past Feb 2015.

It would only be possible for you to qualify to apply for citizenship two years after becoming a PR if you had zero days outside of Canada since becoming a PR and zero days outside of Canada in the two year period before becoming a PR.

 

[scottyxx]

I thought so, I thought for sure I would need to push it by a month or two to April, but even doing that is coming up with an error. If it were only 2 years PR, and my previous 2 years, it would be ok, but it seems to count all absences as marks against my previous 2 years, even if they did not occur in that time?

The form does not state "absences in the last 2 years" it states all absences since I landed in canada, which is then subtracted from 730 days, regardless of how many actual days I have been here.

So in theory if I had work permits for 10 years before PR, but took 2 years vacation in that time, my number of pre-pr days would be 0.

This is what's tripping me up.

I assume I won't make it, and I'll have to wait another 2-4 years to qualify under the new bill.


I just did an online calculation using the online tool, and its counting my days absent as 48, yet, when calculating my "eligible date", it's not Feb 21, 2015 + 48 days, which would be April 10, its Feb 21, 2015 + 78 days. ?? I am confused.

 

[scylla]

Unfortunately your math isn't quite right. The online calculator is correct.

Keep in mind that each time you move forward one day, you also lose a day off the end that's contributing to your residency obligation. The calculation you've provided above doesn't take this into account.

For example, let's say you move forward an additional 48 days (to cover for your vacations as you've suggested). Yes - this means that you technically add 48 days to your residency obligation. But you also have to subtract 24 days from your RO at the same time (48 pre-PR days / 2). So now you're still 24 days short and need more days before you can apply for citizenship. This is the bit you're missing from your calculation. You haven't factored in the days you lose off the end in residency as you move forward.