Physically present in Canada but still a resident elsewhere in US

[SashaRain]

Hello! I didn't see this topic yet. I want to remain a Florida resident because of a great remote job opportunity that requires me to be a FL resident, and that seems possible with only being required to be "physically present" 1,095 days in Canada the five years following application for citizenship. It does not mention anything about making an address in Canada your primary address. Just that you are a PR and physically present for 1,095 days (days not as PR count as half a day towards that overall 1,095 number). Am I missing something that would not let me retain my FL residency and also work towards citizenship?

"Time you have lived in Canada
Regardless of your age, you must have been physically present in Canada for at least:

• 1095 days during the five years right before the date you sign your application"

Thanks so much!

 

[Bs65]

Apart from the citizenship requirement do not forget the residency obligation of 730 days in 5 years to keep your PR status. There are some exceptions but those do not help on the citizenship requirement.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

Having an address in Canada is irrelevant for the physical presence requirement in that for citizenship you need to be actually physically in Canada for the 1095 days in the 5 years at the time of the application. Sure you can count a half day for each complete day within the 5 year time slot that you were in Canada before you were a PR to a max 1 year credit.

There is no way around the citizenship requirement.

Cannot answer how you meet the FL residency at the same time as you reside in Canada.

 

[meyakanor]

There is no way around the citizenship requirement.

Cannot answer how you meet the FL residency at the same time as you reside in Canada.

This is such an important point. It would be extremely hard to keep being a resident of Florida while being physically present in Canada for 1,096 days within the past five years. It's probably possible, but not that practical (it would be different if it was a border state like Michigan, New York or Washington, but Florida is nowhere near the Canadian border).

You were right though in general, after Bill C-6, 'residency' requirement is not really 'residency' requirement. It would be more apt to call it physical presence requirement. The last time where residency actually mattered was after Bill C-24 was introduced, but before Bill C-6 received Royal Assent last year.

While Bill C-24 moved towards counting days in strictly physical presence terms, 'intent-to-reside' effectively acts a de-facto residency requirement for citizenship. Since, 'intent-to-reside' requirement has been removed, citizenship now solely depends on physical presence.

It is important to understand, though, while on paper, physical presence is all that's required, de-facto bona-fide residency is the easiest and most reliable way to prove physical presence.

 

[scylla]

Hello! I didn't see this topic yet. I want to remain a Florida resident because of a great remote job opportunity that requires me to be a FL resident, and that seems possible with only being required to be "physically present" 1,095 days in Canada the five years following application for citizenship. It does not mention anything about making an address in Canada your primary address. Just that you are a PR and physically present for 1,095 days (days not as PR count as half a day towards that overall 1,095 number). Am I missing something that would not let me retain my FL residency and also work towards citizenship?

"Time you have lived in Canada
Regardless of your age, you must have been physically present in Canada for at least:

• 1095 days during the five years right before the date you sign your application"

Thanks so much!

You're not missing anything. You need to forget about Canadian citizenship until you are actually living in Canada.

As others have said, make sure you continue to meet the PR residency requirement and live in Canada for 2 out of every 5 rolling years. Otherwise your PR status will be at risk as well.

 

[SashaRain]

Apart from the citizenship requirement do not forget the residency obligation of 730 days in 5 years to keep your PR status. There are some exceptions but those do not help on the citizenship requirement.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

Having an address in Canada is irrelevant for the physical presence requirement in that for citizenship you need to be actually physically in Canada for the 1095 days in the 5 years at the time of the application. Sure you can count a half day for each complete day within the 5 year time slot that you were in Canada before you were a PR to a max 1 year credit.

There is no way around the citizenship requirement.

Cannot answer how you meet the FL residency at the same time as you reside in Canada.

Wow, great information. I really appreciate you sharing this with me! I am confused on how the 730 days does not help the 1095 day requirement for citizenship. That would mean I would have to be physically in Canada for every day of the last five years to be able to apply for citizenship. Maybe I misunderstood, sorry.

 

[SashaRain]

This is such an important point. It would be extremely hard to keep being a resident of Florida while being physically present in Canada for 1,096 days within the past five years. It's probably possible, but not that practical (it would be different if it was a border state like Michigan, New York or Washington, but Florida is nowhere near the Canadian border).

You were right though in general, after Bill C-6, 'residency' requirement is not really 'residency' requirement. It would be more apt to call it physical presence requirement. The last time where residency actually mattered was after Bill C-24 was introduced, but before Bill C-6 received Royal Assent last year.

While Bill C-24 moved towards counting days in strictly physical presence terms, 'intent-to-reside' effectively acts a de-facto residency requirement for citizenship. Since, 'intent-to-reside' requirement has been removed, citizenship now solely depends on physical presence.

It is important to understand, though, while on paper, physical presence is all that's required, de-facto bona-fide residency is the easiest and most reliable way to prove physical presence.

In FL, you just need to have your primary address there (in my case my parent's house), so I think it could work! It would be so great for me financially because this job is only 6 weeks out of the year but so lucrative. You have a great knowledge of the history, which is really interesting and seems so different from the states. It's true I'll have to prove presence, but I was thinking it would be clear on my passport as I enter and leave (they can easily count up the days). Or is that still not enough?

 

[SashaRain]

You're not missing anything. You need to forget about Canadian citizenship until you are actually living in Canada.

As others have said, make sure you continue to meet the PR residency requirement and live in Canada for 2 out of every 5 rolling years. Otherwise your PR status will be at risk as well.

I know I am getting ahead of myself, I am just trying to think ahead and not kick myself for not being able to take advantage of an opportunity I may want in the future.

 

[canuck78]

Would also expect you may have to provide more than someone else's address to have access to a lucrative job that has a residency requirement.