Citizenship / residence requirement

[roama]

I hope someone can help me figure this out before I try to file for citizenship. My wife is a canadian citizen we have a daughter also who is canadian citizen and she is expecting our 2nd child (who will be citizen born from a canadian mother). I got my canadian residency through my wife since 2008. I become PR in April 2008 but have never lived in canada. I made several trip there each year but not enough to really impact my residency requirement.
I have been living through out my 5years of Permanent resident in US because I have a good job here. My wife come back to the US with my daughter in August 2009 so 1 year and 4 months after i become canadian permanent resident. I must renew my card in April 2013 and I was wondering if first I can do that without being denied. I am living with my wife (canadian citizen) in the US or better am I eligible to apply for citizenship as my wife is living with me? Can I count the 1335 days that my wife spent with me in the US as counting toward the residency requirement?

Thank you

Roger

 

[pkakula]

I hope someone can help me figure this out before I try to file for citizenship. My wife is a canadian citizen we have a daughter also who is canadian citizen and she is expecting our 2nd child (who will be citizen born from a canadian mother). I got my canadian residency through my wife since 2008. I become PR in April 2008 but have never lived in canada. I made several trip there each year but not enough to really impact my residency requirement.
I have been living through out my 5years of Permanent resident in US because I have a good job here. My wife come back to the US with my daughter in August 2009 so 1 year and 4 months after i become canadian permanent resident. I must renew my card in April 2013 and I was wondering if first I can do that without being denied. I am living with my wife (canadian citizen) in the US or better am I eligible to apply for citizenship as my wife is living with me? Can I count the 1335 days that my wife spent with me in the US as counting toward the residency requirement?

Thank you

Roger

1) No you can not count the days your wife has spend in canada.And u will not be eligible to apply for citizenship.
2)If you have not met residancy requirements of staying in canada for 2 years out of 5 years then
you are in trouble and will not be given the permission to stay in canada.

 

[roama]

Thank you for your answer.
I did not say "counting the days she spend in canada". I said:" Can I count the 1335 days that my wife spent with me in the US as counting toward the residency requirement?"

thank you
Roger

 

[pkakula]

Thank you for your answer.
I did not say "counting the days she spend in canada". I said:" Can I count the 1335 days that my wife spent with me in the US as counting toward the residency requirement?"

thank you
Roger

No you can not physical presence is must in canada!!!

 

[roama]

Thank you again for your answer.
I find this in the site of the canadian immigration (please read option 1):
" Appendix A: Residency obligation
Minimum residency obligations
You must meet the residency obligation to obtain a Permanent Resident Card.
If you have been a permanent resident for Five (5) years or more
• you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
If you have been a permanent resident for less than five (5) years
• you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the five (5)-year mark.

Time spent outside of Canada
You may also count the days spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:
OPTION 1. Accompanying a Canadian citizen outside Canada
You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your
• spouse or common-law partner or
• parent, if you are less than 22 years of age
Evidence that you are accompanying a Canadian citizen
You must provide supporting documents to prove that:
• The person you are accompanying is a Canadian citizen; and
• You are the spouse, common-law partner or child of that person.
Supporting documents may include:
• marriage licence
• child’s birth certificate, baptismal document, and/or adoption or guardianship document
• school and/or employment records
• association or club memberships
• passports or other travel documents
• documents indicating the status of the person you are accompanying

 

[scylla]

The time you have spent with your Canadian citizen spouse outside of Canada counts towards the residency requirement for retaining your PR status.

However this time does not count towards citizenship. For citizenship you need to physically live in Canada for three out of the last four years to qualify to apply.

The rules you have quoted apply to PR status only - not citizenship.

 

[pkakula]

Thank you again for your answer.
I find this in the site of the canadian immigration (please read option 1):
" Appendix A: Residency obligation
Minimum residency obligations
You must meet the residency obligation to obtain a Permanent Resident Card.
If you have been a permanent resident for Five (5) years or more
• you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
If you have been a permanent resident for less than five (5) years
• you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the five (5)-year mark.

Time spent outside of Canada
You may also count the days spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:
OPTION 1. Accompanying a Canadian citizen outside Canada
You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your
• spouse or common-law partner or
• parent, if you are less than 22 years of age
Evidence that you are accompanying a Canadian citizen
You must provide supporting documents to prove that:
• The person you are accompanying is a Canadian citizen; and
• You are the spouse, common-law partner or child of that person.
Supporting documents may include:
• marriage licence
• child's birth certificate, baptismal document, and/or adoption or guardianship document
• school and/or employment records
• association or club memberships
• passports or other travel documents
• documents indicating the status of the person you are accompanying

My comments were based on the things happened to my uncle who had similar situation like you.You need to find lawyer for this.

 

[Leon]

You don't need a lawyer. Immigration is very clear on this.

Days spent outside Canada with your Canadian spouse count towards the PR residency requirements. That is, you can apply to renew your PR card based on having no days in Canada but more than 730 days in the past 5 years spent with your spouse outside Canada and they would approve your PR card renewal. They could however ask for proof that your spouse was living with you so you have to think of what you can show for that.

For citizenship, you must spend at least 1095 days in Canada yourself over the 4 year period immediately before applying. The only exception is when your Canadian spouse is Canadian military or working for the Canadian or a provincial government outside Canada. It is also possible to apply for citizenship without meeting the requirements but that will only be approved if you can show strong ties to Canada and a special situation in your case. For example, someone who is living in Canada and whose family is in Canada but due to his work for a Canadian employer spends so much time outside Canada that he can not qualify for citizenship could try something like that. For you, having a good job in the US and choosing to stay there, you can forget about a special consideration like that.