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Question about physical presence

HighFive

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Mar 13, 2014
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He also said that judge was straight forward with him, no BS , identified all ties to Canada, like mortgage, RESPs for kids, RRSP, canadian born kids, etc. and..... that was it.
 

eileenf

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Apr 25, 2013
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HighFive said:
Here are some additional info about this guy particular case for you guys, as you are interested.
Thanks. It's interesting to hear about.
HighFive said:
I know that time spent outside Canada on the days working for Canadian company counted as 2 for 1
This is not true for the citizenship qualifying period. Any exceptions to the required citizenship residence period is up to the discretion of the Judge.

However for maintaining PR status, certain employment for Canadian companies or Canadian government outside of Canada, as well as accompanying a Canadian spouse, can be counted 1 for 1. http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA
 

scylla

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Jun 8, 2010
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App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
HighFive said:
I know that time spent outside Canada on the days working for Canadian company counted as 2 for 1
There is no such rule and no credit for these days towards citizenship.
 

zardoz

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Of course, if(when) C24 becomes law, all of this random guesswork will be out of the window. No judges, no wooly theories about "residency".... Just maths.
 

HighFive

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zardoz said:
Of course, if(when) C24 becomes law, all of this random guesswork will be out of the window. No judges, no wooly theories about "residency".... Just maths.
Agree. That is exactly how it should be, no loopholes in the law. This is actually interesting that current C24 bill's proposal says:
"As a result of these amendments, applicants will need to be physically present in Canada for a total of four out of their last six years. In addition, they would need to be physically present in Canada for 183 days per year for at least four of those six years."

So, that means my buddy would get it anyway, cause he was present in Canada for half of each year (more than 183 days of physical presence each year) of those 3 years anyway. he would just need to wait (assuming current bill C-24 is in force as a law) one year more and apply.
 

HighFive

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scylla said:
There is no such rule and no credit for these days towards citizenship.
He told me that there is such a rule for Canadian oilfield workers working overseas for Canadian oil companies.
He checked and confirmed this one with immigration lawyer in Toronto at the time he applied for his Canadian citizenship.
But because he was not apparently working for Canadian oil company (but American, as I've mentioned above) he couldn't use this rule for his case.
 

noirlife

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Apr 9, 2014
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Thanks all for your comments and insights. At this point maybe I'll have a consultation with an immigration lawyer and see what I should I do in this case. Thanks a lot again !
 

scylla

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HighFive said:
He told me that there is such a rule for Canadian oilfield workers working overseas for Canadian oil companies.
He checked and confirmed this one with immigration lawyer in Toronto at the time he applied for his Canadian citizenship.
Again, there is no such rule for citizenship.

Days spent outside of Canada working for a Canadian company may be counted towards the PR residency requirement when certain conditions are met. But definitely not citizenship. Citizenship and PR residency requirements follow different rules.

Any lawyer who suggests there's such a rule for citizenship shouldn't be practicing immigration law. However I suspect the lawyer told him the right thing and your friend misunderstood.
 

HighFive

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noirlife said:
Thanks all for your comments and insights. At this point maybe I'll have a consultation with an immigration lawyer and see what I should I do in this case. Thanks a lot again !
You are welcome, mate. Kindly come back to us whenever you will clarify your situation with immigration lawyer. It will be interesting to hear back from you. Take care and good luck!
 

kingadil

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Mar 7, 2012
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What about me guys i have completed 1075 of physical presence ???


According to the information you provided, you meet the basic residence requirement but you have not been physically present in Canada for at least 1,095 days (three years) in the four years (1,460 days) preceding the date of your application.According to the information you provided and assuming nothing else changes, you will accumulate 1,095 days of physical presence on 2015-07-17.
 

scylla

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01-10-2010
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kingadil said:
What about me guys i have completed 1075 of physical presence ???


According to the information you provided, you meet the basic residence requirement but you have not been physically present in Canada for at least 1,095 days (three years) in the four years (1,460 days) preceding the date of your application.According to the information you provided and assuming nothing else changes, you will accumulate 1,095 days of physical presence on 2015-07-17.
You can't apply now - you don't qualify because you don't have sufficient physical presence days.

You will fall under the 4/6 year rule and will have to wait until you meet the new residency requirement before you will be able to apply.
 

jeune

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Oct 23, 2009
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hello every one, I'm very glad to write in this topic and participate in this topic because I need some advices if you could help me
first of all , I'm permanent resident of Canada , I landed in Canada in June 2010 , I stayed living in Montreal till august 2011 after that I went visit my family at my back home country it was a vacation for 45 days , I came back to Canada in September 2011 and moved to Calgary , I 'm still living in Calgary . I applied for my citizenship from Calgary in September 2013 . after that I went to visit my family at my home country, it was in October 2013 . I stayed in my home country till march 2014 it was long visit because my mom was sick. unfortunately , during my last visit to my country I lost all of my documents including my PR card , my social insurance number , my master card , my debit card , my Canadian driving license , my passport , my medical card and some other documents. I went to the police station in my country and I got a report that I lost all of my documents that was in February 2014, I applied for travel document to come back to Canada and I got it in march 2014, so I have now new passport of my country it is issued in February 2014 and I was lucky to come back to Canada in march 2014. when I came to Canada they sent me Rq in march 2014 and I filled it out and sent it to Cic in April 2014 , they needed it maximum 1 month to send it. but they need my old passport with stamps that I lost it but I sent with Rq some support document like police report from my home country, my medical report , my flights tickets, my study course record , taxes assessment and some other documents. my time line is application sent September 2013 , started processing January 2014 , Rq received march 2014 , Rq sent April 2014 . I'm now 21 month ago when I applied , I called Cic and they told me that I'm non routine application 36 month. I got cbsa report 2 month ago and some other documents to proof my residence in Canada from June 2010 till September 2013, I got some other documents from airlines company , my travel record from home country and I will send all of these document to support my file.
I would like to ask some questions
1 - lost of passport can affect my file and get refuse ? I tried to get all of documents to verify and prove my residence in Canada and I'm honest and truthful

2- I will be 36 month non routine application in September 2016 till this time I think I will meet with the Calgary judge but if I will pass the exam and the judge doesn't accept all of this proof and he refused my application what procedure can I take , I just expect the worst scenario?
3 proof like ( police report from my country , air line tickets , cbsa report, medical record , taxes report, study record, travel record from my home country, t4 , t5,lease of rent, bank statement , credit statements) all of these documents are not enough to convince cic officer or agent and the judge?
4- what I could do in case of the judge will refuse my application ? I should apply with the new law after 4 years?
I will be glad if you will answer me and give me some advices , I'm very patient and very glad to see your replies
kind regards