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abc30

Newbie
Dec 4, 2012
2
0
I have been a PR for 3 years now. Throughout the time I was a PR, I was outside Canada for almost a year to complete my Masters. Now when I punch in my number in the residency calculator, it tells me that I meet the basic requirements but not the physical presence. It says that a citizenship judge needs to make a decision on my application.
What are my chances in getting the citizenship without having to make up the days I was outside the country? Please advice.
Thanks
 
Your chances are zero.

You need physical presence (3 years out of the last 4 years) to qualify for residency. Basic residency counts for nothing. If you don't meet the physical residency requirements, your application will ultimately be refused.

Don't apply until you meet the physical residency requirements. That's the best advice any of us here can give.
 
Based on the CIC website, it says only a citizenship judge can determine if I qualify or not. Doesn't that refer that there might be chance?
 
abc30 said:
Based on the CIC website, it says only a citizenship judge can determine if I qualify or not. Doesn't that refer that there might be chance?
this is what CIC says...................................................................................................

Residence in Canada

To become Canadian citizens, adults must have resided in Canada for at least three years (1,095 days) in the past four years before applying. Children under the age of 18 do not need to meet this requirement.

You may be able to count time you spent in Canada before you became a permanent resident if that time falls within the four-year period.
 
abc30 said:
Based on the CIC website, it says only a citizenship judge can determine if I qualify or not. Doesn't that refer that there might be chance?

If you're missing a day or two - a judge might give you a pass. It sounds like you're missing substantially more than that - so you're guaranteed a refusal.

The advice we give everyone here is don't apply even a day early. Make sure you have the full 1095 days of residency over the past four years when you submit your application (preferably a few days more just in case you miscounted). The info on the CIC site may say one thing. However what practically happens is that people without sufficient residency days are flat out refused. And no - it doesn't matter why you were out of the country. This is irrelevant for citizenship purposes.

Keep in mind that since you are missing days, your application will take more like 3-4 years (rather than 2) to process. It's a long time to wait just to be refused. You can then expect any subsequent application you file to take longer too due to the first refusal.

It's obviously up to you...
 
abc30 said:
I have been a PR for 3 years now. Throughout the time I was a PR, I was outside Canada for almost a year to complete my Masters. Now when I punch in my number in the residency calculator, it tells me that I meet the basic requirements but not the physical presence. It says that a citizenship judge needs to make a decision on my application.
What are my chances in getting the citizenship without having to make up the days I was outside the country? Please advice.
Thanks


Don't apply you dont have enough time as requested. Please note the word they are using on CIC website "MUST" adults must have resided in Canada for at least three years (1,095 days) "


Dont waste your time.
 
Residence is not actually defined in the Citizenship Act but substantive case law shows that applying with less than 1095 of physical presence is a challenge. Depending on the level of establishment in Canada some applicants are approved without 1095 days of physical presence in the 4 years but they have usually been in Canada for a lengthy period of time.

IMHO the OP unless he has extensive non PR time in Canada prior to his PR attainment has next to nil chances of success. Also as has been pointed the application will get placed in a 'see a citizenship judge' path that will add 12-18 months to the processing times.
 
True, sometimes people are approved with less than 1095 days in the past 4 years. However, those are people who can convince a judge that they should get citizenship anyway. That means strong ties to Canada and a good reason why they can't meet the residency requirements. A good example may be a person who lives and pays taxes in Canada and has family in Canada but because of their job, they travel so much that they will never be able to meet the 1095 requirement.
 
just live in canada until you have 1095 days of physical presence. despite the law only requires residence, but the government is streching the meaning of the law. if you don't have 1095 days of physical presence, you will for sure get residence questionnaire. you might have to wait at least 2 extra years for this RQ be processed and your citizenship approval is still uncertain. it is better just to have 1095 days of physical presence and your approval can be garanteed.