Physical Presence Conundrum

[Donxavier]

Hi,

I got my PR early this year through the Quebec Immigrant Investor Program, spent just 2 months inside Canada and am back in my home country. I'm aware of the very stringent new citizenship requirements especially as regards spending 183 days minimum yearly in an overall period of 4 out of 6 years. I'm a global business traveller based in Africa and just may not be able to meet this physical presence criteria. I want to know is there any creative way around this requirement? I can come to Canada from time to time but spending 6 months straight in any given year in Canada just isn't good for my business during this present time but I need the passport ...... Does anyone have any creative solutions?

 

[arambi]

There is no way around anymore. You need to voluntary relinquish your PR while a report has not yet been written against you. Live in Canada and meet the requirements or forget about citizenship

 

[Donvalley]

One of the many reasons for tightening the Citizenship process is to eliminate the so called "Canadians/citizens of convenience".

There is no work around my friend. Those days are gone. People have abused the generosity of the system long and wide, so no more plays. Either stay or leave.

Citizenship and Immigration Minister Chris Alexander not only wants to ensure that applicants “play by the rules” during their citizenship application, he wants them to sign an "intent to reside” commitment.

Canada will toughen citizenship rules to prevent foreigners from picking up Canadian passports of convenience without spending much time in the country, part of a sweeping package of reforms under legislation introduced on Thursday.

http://ca.reuters.com/article/domesticNews/idCABREA151E420140206

 

[CanV]

Hi,

I got my PR early this year through the Quebec Immigrant Investor Program, spent just 2 months inside Canada and am back in my home country. I'm aware of the very stringent new citizenship requirements especially as regards spending 183 days minimum yearly in an overall period of 4 out of 6 years. I'm a global business traveller based in Africa and just may not be able to meet this physical presence criteria. I want to know is there any creative way around this requirement? I can come to Canada from time to time but spending 6 months straight in any given year in Canada just isn't good for my business during this present time but I need the passport ...... Does anyone have any creative solutions?

You can maintain your PR status by residing 730 days in 5 years, they could be any time during the 5 years, the 183 days does not apply to that. However to qualify for citizenship, the 183 days will apply.

 

[zardoz]

Hi,

I got my PR early this year through the Quebec Immigrant Investor Program, spent just 2 months inside Canada and am back in my home country. I'm aware of the very stringent new citizenship requirements especially as regards spending 183 days minimum yearly in an overall period of 4 out of 6 years. I'm a global business traveller based in Africa and just may not be able to meet this physical presence criteria. I want to know is there any creative way around this requirement? I can come to Canada from time to time but spending 6 months straight in any given year in Canada just isn't good for my business during this present time but I need the passport ...... Does anyone have any creative solutions?

Nowhere does it state that the 6 months have to be contiguous. Just that the total number of days in the year must be at least 183 for that year to be counted as one of the 4. Either way, you still have to accumulate 1460 days within the 6 years period.

 

[Donxavier]

There is no way around anymore. You need to voluntary relinquish your PR while a report has not yet been written against you. Live in Canada and meet the requirements or forget about citizenship

Who will write a report against me? Voluntary relinquish after buying it for 220000cad, I think not. You gotta be kidding me. You must be one hilarious fellow

 

[Donxavier]

You can maintain your PR status by residing 730 days in 5 years, they could be any time during the 5 years, the 183 days does not apply to that. However to qualify for citizenship, the 183 days will apply.

That still figures about 5 months in any year. This is really tough. What if am running a business from inside Canada that requires frequent travel. We are talking creative solutions here. Is that going to work in convincing a Judge?

 

[Zumba369]

For people like you the law was changed.

As you said, you just want the passport, I hope you never get it.

 

[Donxavier]

For people like you the law was changed.

As you said, you just want the passport, I hope you never get it.

Please read well, I said and am quoting 'I need the passport'. I don't need judgemental people on this thread and you don't know all about me or my situation to make an informed judgement about me. If you leave your contact I would mail you when I eventually do get the passport.

 

[Zumba369]

Please read well, I said and am quoting 'I need the passport'. I don't need judgemental people on this thread and you don't know all about me or my situation to make an informed judgement about me. If you leave your contact I would mail you when I eventually do get the passport.

You're right, I do not know your situation. But I still think that that was the abuse of the system that made Canada changed the immigration laws.

With the new laws there no more immigration judges, the CIC officers make the decisions.

 

[paw339]

Donxavier Also for citizenship "Applicants must be up to date on Canadian income taxes."

 

[arambi]

Who will write a report against me? Voluntary relinquish after buying it for 220000cad, I think not. You gotta be kidding me. You must be one hilarious fellow

Get ready for a long fight with CIC. The law was changed to ensure that CREATIVE dude can't play with the system anymore. Just trying to help you... Don't waste your time trying to get around the rules.

 

[alphazip]

If you had a Canadian-citizen spouse you were living with, you could stay outside of Canada indefinitely, but you would never become a citizen. Your main concern right now should be maintaining your PR, and even that doesn't seem to be possible in your situation. Whoever told you that you could live outside of Canada 90% of the time and still become a Canadian citizen, misled you.

 

[Donxavier]

Get ready for a long fight with CIC. The law was changed to ensure that CREATIVE dude can't play with the system anymore. Just trying to help you... Don't waste your time trying to get around the rules.

LOL. Hopefully it won't become a protracted battle with CIC. But am just thinking out loud, for foreign workers working offshore that need to be out for work related purposes, what's the hope for them? I presume that was why the judges were there to judge the merits of each individual cases. Does this mean we are now only at the mercy of the CIC officers and how they use their own discretion?

 

[Donxavier]

If you had a Canadian-citizen spouse you were living with, you could stay outside of Canada indefinitely, but you would never become a citizen. Your main concern right now should be maintaining your PR, and even that doesn't seem to be possible in your situation. Whoever told you that you could live outside of Canada 90% of the time and still become a Canadian citizen, misled you.

I see things have really changed. There's little difference meeting the PR requirements and Citizenship. 5 months isn't that different from 6. It's doable but would be very hectic and demanding. I would have to be in the country every alternate month for the next 4 years consecutively. That's some very hard work.