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Letter requesting Driver logs,Financial statements etc.

reynettevos

Star Member
Aug 15, 2010
116
3
PMM said:
Hi


Probably because he is a trucker who travels to the US quite a lot. Almost impossible to get sufficient days, so you have to hope that the CJ looks at the application under KOO formula.
Absolutely correct
 

thecoolguysam

VIP Member
May 25, 2011
4,821
384
Canada
Ideally the person should have applied after waiting and completing physical residence days in order to avoid RQ and other issues. I know its hard but its worth waiting. I also know there could be some scenarios/issues/circumstances because of that the person has applied short of physical presence days.
All I can say is good luck and good wishes to everyone in this waiting game.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


thecoolguysam said:
Ideally the person should have applied after waiting and completing physical residence days in order to avoid RQ and other issues. I know its hard but its worth waiting. I also know there could be some scenarios/issues/circumstances because of that the person has applied short of physical presence days.
All I can say is good luck and good wishes to everyone in this waiting game.
1. Extremely unlikely that a trucker who regularly runs Canada to the US, is ever going to get sufficient physical present days in Canada. There are 3 different tests presently that the CJ can use.

Pourghasemi It is a strict application of the residency requirement whereby the applicant must demonstrate actual physical presence in Canada for 1095 days during the 4 year period immediately preceding the date of application.

Papadogiorgakis Physical presence in Canada is not essential provided that the landed immigrant has established and maintained throughout the three year period in question a “pied-à-terre” in Canada and has the clear intention to live in this country.

Koo is a qualitative analysis of the applicant’s ties to Canada and is the one most often followed by citizenship judges. In order to ascertain whether an applicant has centralized his or her mode of existence in Canada, a number of issues are examined by the judge, including:

Was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship;
Where are the applicant's immediate family and dependants resident;
Does the pattern of physical presence in Canada indicate a returning home or merely visiting the country;
What is the extent of the physical absences;
Is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad;
What is the quality of the connection with Canada: is it more substantial than that which exists with any other country.

2. It appears from the new Citizenship Act (C-24) that the only test will be physical presence. This will pretty well eliminate citizenship for employees who travel extensively for work from obtaining citizenship.

exceptions to the physical residence requirement are narrow, and limited to those applicants who intend to:
(a) be employed outside of Canada with the Canadian Armed Forces, the federal public administration, the public service of a province, otherwise than as a locally engaged person; or
(b) reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside of Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
 

thecoolguysam

VIP Member
May 25, 2011
4,821
384
Canada
PMM said:
Hi


1. Extremely unlikely that a trucker who regularly runs Canada to the US, is ever going to get sufficient physical present days in Canada. There are 3 different tests presently that the CJ can use.

Pourghasemi It is a strict application of the residency requirement whereby the applicant must demonstrate actual physical presence in Canada for 1095 days during the 4 year period immediately preceding the date of application.

Papadogiorgakis Physical presence in Canada is not essential provided that the landed immigrant has established and maintained throughout the three year period in question a “pied-à-terre” in Canada and has the clear intention to live in this country.

Koo is a qualitative analysis of the applicant's ties to Canada and is the one most often followed by citizenship judges. In order to ascertain whether an applicant has centralized his or her mode of existence in Canada, a number of issues are examined by the judge, including:

Was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship;
Where are the applicant's immediate family and dependants resident;
Does the pattern of physical presence in Canada indicate a returning home or merely visiting the country;
What is the extent of the physical absences;
Is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad;
What is the quality of the connection with Canada: is it more substantial than that which exists with any other country.

2. It appears from the new Citizenship Act (C-24) that the only test will be physical presence. This will pretty well eliminate citizenship for employees who travel extensively for work from obtaining citizenship.

exceptions to the physical residence requirement are narrow, and limited to those applicants who intend to:
(a) be employed outside of Canada with the Canadian Armed Forces, the federal public administration, the public service of a province, otherwise than as a locally engaged person; or
(b) reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside of Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
Thanks PMM for the explantion.

So who decides that the application is Pourghasemi or Papadogiorgakis or Koo ?