NEW : Outside Canada for more than 1095 Days

[boredinksa]

As per the new rules ( see cic guides 5445ETOC dot asp )


If you were outside Canada for 1095 days or more in the past five years

If applicable:

* proof of your relationship to the Canadian citizen you accompanied abroad and proof of his or her citizenship; and
* proof that your Canadian citizen spouse was outside Canada with you; or
* proof of your full-time employment to a Canadian business abroad




As per the immigration act

Application

(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
(v) referred to in regulations providing for other means of compliance;


Now the question, if someone has been outside Canada for more than 1095 days and he/she was accompanying her Canadian Son/Daughter (18+) outside Canada would that count as an exception ?


Appreciate your reply

 

[steaky]

Short answer is "No". Only if he or she was accompanying:

-a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
-a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province

 

[scylla]

Now the question, if someone has been outside Canada for more than 1095 days and he/she was accompanying her Canadian Son/Daughter (18+) outside Canada would that count as an exception ?
Appreciate your reply

What Steaky said. No - what you've described does not count as an exception.

Canada doesn't allow this loop hole.

 

[Leon]

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

You posted the answer yourself. The Canadian citizen you are accompanying must be your spouse or if you are a minor child, can be your parent.

 

[boredinksa]

Follow up question which could benefit others:

Scenario:
I am working outside Canada with a private compay and wife is immigrant living with me. She has been living with me outside Canada for 4 years. Can she apply for citizenship ?
or

Does she have to live inside Canada and apply for citizenship.......?


As per the law Citizenship Act
Residence

(1.1) Any day during which an applicant for citizenship resided with the applicant’s spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

As per the immigration act

Application

(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
(v) referred to in regulations providing for other means of compliance;

 

[steaky]

Answer is "No" again. The applicant in this scenario need physical residence in Canada.

 

[boredinksa]

Answer is "No" again. The applicant in this scenario need physical residence in Canada.

But she can have her PR card renewed ?


As per the law Citizenship Act
Residence

(1.1) Any day during which an applicant for citizenship resided with the applicant's spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

11. (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,

paragraph (1)(c) === ??? couldn't find it in document

 

[Leon]

If a PR is accompanying a Canadian citizen spouse outside Canada, they will not lose their PR.

If their Canadian citizen spouse is working for the Canadian military, government or province outside Canada, they also gain the right to apply for citizenship.

 

[steaky]

But she can have her PR card renewed ?

Yes, but in that scenario she need to reside Canada physically for citizenship.