Physical Presence test for Citizenship

[Nirkap]

Hello forum members,

I wanted to check and get some guidance on Physical presence requirements for Canadian citizenship eligibility.

Background:

1. I worked in Canada from July 2015- Nov 2016 and while there, I applied for PR for me and my wife in Canadian Experience Class. While the PR process was going on, I had to relocate back to US for my work.

2. We received my COPR in January 2017 and completed landing in March 2017. After completing my landing we returned back to US in a few days and have been living here since.

3. We received our PR cards in a couple months and the back of the card says PR since March 2017.

4. It is now Oct 2019 and I am closing up on 2.5 years outside Canada since my PR status became active (March 2017).

5. We are relocating to Canada in Dec 2019 (2 months from now) and want to understand our Residency Obligation for maintaining PR and Canadian citizenship.

Questions:

Q1. Given I move in Dec 2019, I will complete 2 years in Canada as PR around Jan 2022 (giving some buffer for holidays etc)
Will I be able to count the time I spent from July 2015-Nov 2016 towards my Citizenship residency obligation? I was on a Work Permit during that time (2015-2016)

Q2. My work does require some travel and while I will be based in Canada, there could be some trips to US/Europe etc. I will be on Canadian payroll during the whole time though and will be paying taxes in Canada. Do the days spent outside Canada (business related travel) get counted in Residency obligation or are they to be discounted?

Q3. After completing the Physical presence test, typically how much time does it take to get Canadian Citizenship and Canadian passport.

I would appreciate any guidance on the above questions.

Thanks,
Nirkap

 

[scylla]

Hello forum members,

I wanted to check and get some guidance on Physical presence requirements for Canadian citizenship eligibility.

Background:

1. I worked in Canada from July 2015- Nov 2016 and while there, I applied for PR for me and my wife in Canadian Experience Class. While the PR process was going on, I had to relocate back to US for my work.

2. We received my COPR in January 2017 and completed landing in March 2017. After completing my landing we returned back to US in a few days and have been living here since.

3. We received our PR cards in a couple months and the back of the card says PR since March 2017.

4. It is now Oct 2019 and I am closing up on 2.5 years outside Canada since my PR status became active (March 2017).

5. We are relocating to Canada in Dec 2019 (2 months from now) and want to understand our Residency Obligation for maintaining PR and Canadian citizenship.

Questions:

Q1. Given I move in Dec 2019, I will complete 2 years in Canada as PR around Jan 2022 (giving some buffer for holidays etc)
Will I be able to count the time I spent from July 2015-Nov 2016 towards my Citizenship residency obligation? I was on a Work Permit during that time (2015-2016)

Q2. My work does require some travel and while I will be based in Canada, there could be some trips to US/Europe etc. I will be on Canadian payroll during the whole time though and will be paying taxes in Canada. Do the days spent outside Canada (business related travel) get counted in Residency obligation or are they to be discounted?

Q3. After completing the Physical presence test, typically how much time does it take to get Canadian Citizenship and Canadian passport.

I would appreciate any guidance on the above questions.

Thanks,
Nirkap

1) No - this time won't count. That period of time will have been too long ago by the time you apply for citizenship.
2) No - this time cannot be counted towards the citizenship residency requirement.
3) Approximately 1 year

 

[Nirkap]

1) No - this time won't count. That period of time will have been too long ago by the time you apply for citizenship.
2) No - this time cannot be counted towards the citizenship residency requirement.
3) Approximately 1 year

Thank you Scylla for the prompt response. It clears up things for me.

 

[Nirkap]

1) No - this time won't count. That period of time will have been too long ago by the time you apply for citizenship.
2) No - this time cannot be counted towards the citizenship residency requirement.
3) Approximately 1 year

Hi Scylla/Forum Members,

I had a follow up on my query.

Does it matter from a Canadian Citizenship Physical presence obligation if I am employed in Canada vs US.
Scenario: I will be living in Canada physically but my employer is in US. I will be paid in USD and part of US firm. Just providing the services while physically based in Canada.

I will travel to US maybe once a month if required.

I am currently based in US and my US based employer is planning to transfer me to Canada. From a taxation perspective, my income would be earned in US. Some of the taxation details I'll have to figure out.

Any advice on this scenario?

Thanks in advance!

 

[scylla]

Hi Scylla/Forum Members,

I had a follow up on my query.

Does it matter from a Canadian Citizenship Physical presence obligation if I am employed in Canada vs US.
Scenario: I will be living in Canada physically but my employer is in US. I will be paid in USD and part of US firm. Just providing the services while physically based in Canada.

I will travel to US maybe once a month if required.

I am currently based in US and my US based employer is planning to transfer me to Canada. From a taxation perspective, my income would be earned in US. Some of the taxation details I'll have to figure out.

Any advice on this scenario?

Thanks in advance!

It doesn't matter where you are employed. This scenario is fine.

For taxation purposes, you will be required to declare your US income in your Canadian tax return.

 

[Nirkap]

It doesn't matter where you are employed. This scenario is fine.

For taxation purposes, you will be required to declare your US income in your Canadian tax return.

Thank you as always for the clear advice @scylla

 

[trumprefugee]

Hi Scylla/Forum Members,

I will travel to US maybe once a month if required.

I am currently based in US and my US based employer is planning to transfer me to Canada. From a taxation perspective, my income would be earned in US. Some of the taxation details I'll have to figure out.

Generally wage income is sourced to where you perform the services. So if you are working in Canada for the US company, it's still Canada source income for the work you do in Canada, and US source for the one time each month that you travel to the US. All reportable on your Canada tax return because you will be a resident of Canada.