Seafearer Qualifying for Citizenship

[AbiAkin]

Dear Forum members,
I was just wondering if any member of the forum has an idea as to how the Citizen and Immigration Canada office will treat the citizenship qualification criteria and application of a permanent resident who works as a seafearer.
I am a permanent resident of Canada since March, 2012 when I landed with my wife under the FSWP. Incidentally, I maintained my employment with the UK company I work for as a Senior Geophysicist on their seismic vessel which operates on waters of the world. My wife permanently lives in Canada while I keep going to work on waters of the world on a 5 weeks on and off basis. By this implication, while my wife will be qualified for citizenship application by March 2015, I will only be managing to close in on 1.5years of physically being in Canada during the same period.

My concern is what will happen to my residency status if I'm not able to make the mandatory 2 years before my 5 years PR expires. Please be aware that I remit my taxes on all earnings from this job to CRA and even just mortgaged a home for my family. Canada is the only place I know as home and the only country I reside since my landing apart from traveling to any part of the world where my vessel has operations. I have Bahamas Seamans book which shows records of my on and off period on each vessel I work on. I also don't pay tax any where else apart from Canada except when my vessel operates on some waters of countries that charges taxes on their waters (e.g. Norway, UK, Denmark). Will I qualify for direct Citizenship application under some exceptions or perhaps an extension of my PR status?

Kindly advice on what can potentially become of my fate and that of my family at the end of these times.

Regards,
AbiAkin

 

[rayman_m]

Your 1st question answer is: Your wife has no problem as she is living in Canada as PR. Whether she will qualfy or not for citizenship in March 2015? it will depend on new citizenship law. Most likely she will fall under new law which will require 4 years physical presence in Canada out of 6 years.

Your 2nd question answer: No matter what is your position is or wherever you work, you must be in Canada physically 2 years out of 5 years. As stated that you are working for UK company and most working outside adn you will end up with 1.5 years physical presence out of 5 years. In that scenario, no matter how much tax you paid to CRA or whatever property you own, when you will apply PR renewal, CIC will only look at the present residency law whether you met 2 years physical presence or not, it is certain that you will loose your PR status and CIC unlikely will renew your PR. Therefore, you will face major problems and will find in a new situation altogether.

CIC is now very strict on PR residency. At this point thinking about your citizenship is something irrelevant and distance term matter. Your near term goal is to find the ways how you will keep your PR status valid and accumulate minimum 2 years (will suggest a few days more) and make your work plan accordingly if you can, otherwise you are likely to face uphill battle with CIC.

In fact I am suggesting you from my own experience, I use to be a PR in 1996-1998 but I could not live 183 days a year (in those days residency rule was different) in Canada due to my business/work in home country thus I had to give up my PR status. Later I had to re-apply from my home country again as a fresh applicant to obtain PR status.

 

[torontonian2003]

Dear Forum members,
I was just wondering if any member of the forum has an idea as to how the Citizen and Immigration Canada office will treat the citizenship qualification criteria and application of a permanent resident who works as a seafearer.
I am a permanent resident of Canada since March, 2012 when I landed with my wife under the FSWP. Incidentally, I maintained my employment with the UK company I work for as a Senior Geophysicist on their seismic vessel which operates on waters of the world. My wife permanently lives in Canada while I keep going to work on waters of the world on a 5 weeks on and off basis. By this implication, while my wife will be qualified for citizenship application by March 2015, I will only be managing to close in on 1.5years of physically being in Canada during the same period.

My concern is what will happen to my residency status if I'm not able to make the mandatory 2 years before my 5 years PR expires. Please be aware that I remit my taxes on all earnings from this job to CRA and even just mortgaged a home for my family. Canada is the only place I know as home and the only country I reside since my landing apart from traveling to any part of the world where my vessel has operations. I have Bahamas Seamans book which shows records of my on and off period on each vessel I work on. I also don't pay tax any where else apart from Canada except when my vessel operates on some waters of countries that charges taxes on their waters (e.g. Norway, UK, Denmark). Will I qualify for direct Citizenship application under some exceptions or perhaps an extension of my PR status?

Kindly advice on what can potentially become of my fate and that of my family at the end of these times.

Regards,
AbiAkin

See if you can find anything useful from this citizenship policy (CP 5) manual on RESIDENCE for CIC staff:
http://www.cic.gc.ca/english/resources/manuals/cp/cp05-eng.pdf

There's a specific section on CP 5 on "exceptional circumstances" and the criteria CIC may use to assess special cases.
There's an additional section citing "majority rule" where you can potentially be deemed a resident of Canada on the basis of your ties and that all absences abroad are evaluated by CIC as temporary. Expect that the process could be lengthy for consideration in these cases but given your familial ties and taxes are all grounded in Canada, you may have a valid case to apply for citizenship when the time comes. You and your wife could also consider applying separately from each other for citizenship rather than applying as a family. She may likely have her citizenship granted sooner and once she becomes Canadian and maintain residence here, it might help your cause to seek continued PR status or even apply for citizenship.

Here's an excerpt from CP5:

B - Exceptional circumstances
In accordance with established case law, an applicant may be absent from Canada and still maintain residence for citizenship purposes in certain exceptional circumstances. To cite Mr Justice Pinard in the Mui case:
I agree in principle with some decisions of this Court which, given special or exceptional circumstances, do not require physical presence in Canada for the entire 1095 days. However, it is my view, that an extended absence from Canada during the minimum period of time, albeit temporary, as in the present case, is contrary to the purpose of the residency requirements of the Act. Indeed, the Act already allows a person who has been lawfully admitted to Canada for permanent residence not to reside in Canada during one of the four years immediately preceding the date of that person's application for Canadian citizenship. [Emphasis added]
Even the early Federal Court decisions on residence recognized that absences from Canada should generally be for special and temporary purposes. The Associate Chief Justice Thurlow, in the much-cited Papadogiorgakis decision, seemed to view that actual presence in Canada was required, except for short vacations or other temporary absences such as pursuing a course of study abroad (and always returning home at school breaks).
In assessing whether the absences of an applicant fall within the allowable exceptions, use the following six questions as the determinative test. These questions are those set out by Madame Justice Reed in the Koo decision. For each question, an example is given of a circumstance that may allow the applicant to meet the residence requirement.

1. Was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship?
Example of an allowable exception: an applicant lived here for 3 years before leaving Canada for a period of several months. The applicant then returns here to permanently live in Canada and files a citizenship application at that time.

2. Where are the applicant's immediate family and dependents (and extended family) resident?
Example of an allowable exception: an applicant leaves Canada for several days each month, but her mother-in-law, her husband and her children all continue to live in Canada while she is outside of the country.

3. Does the pattern of physical presence in Canada indicate a returning home or merely visiting the country?
Example of an allowable exception: an applicant leaves Canada each month for 7 or 10 days, but stays abroad at hotels where the applicant conducts business or at the home of someone the applicant is visiting. The applicant always returns to Canada at a home owned or rented by the applicant.

4. What is the extent of the physical absences - if an applicant is only a few days short of the 1,095 total it is easier to find deemed residence than if those absences are extensive.
Example of an allowable exception: an applicant was physically present in Canada the vast majority of the time, despite repeated absences.

5. Is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad?
Example of an allowable exception: the applicant obtains permanent residence in Canada and is offered a job here. After beginning his employment here, she is asked by her employer to serve abroad for one year to help manage an important business venture. The applicant then returns here after the assignment is completed to resume her work in Canada.

6. What is the quality of the connection with Canada: is it more substantial than that which exists with any other country?
Example of an allowable exception: an applicant has been spending a few months abroad, each year, to look after his elderly parents. When in Canada, however, the applicant is involved in his work and business ventures. He also is involved with community organizations and the vast majority of his personal contacts (professional and social) are people who live here in Canada. Finally, the applicant pays income tax in Canada and in no other country.
In applying this test to an application, you must decide whether the absences of the applicant fall within the types of exceptional circumstances. If the absences do not fall within these exceptional circumstances, you must refer the citizenship judge's complete file on the applicant to Case Management Branch for possible appeal by the Minister. Include your analysis of why the applicant does not appear to meet the residence requirement. Keep in mind that the delay within which an appeal can be filed is 60 days.Cases must therefore be referred on a timely basis, or the Minister will lose the right of appeal (see Chapter 8, "Appeals", for the procedure to follow).

5.10. C - Extensive absences - majority rule
If you determine that all the absences of the applicant fall within the allowable exceptions, you must then assess if the applicant was outside of Canada, in total, for a longer period of time than he or she was in Canada.

Given that the purpose of the residence requirement is to ensure that the applicant for citizenship can become familiar with Canada and become integrated into Canadian society, it follows that the longer the absences of the applicant, the more difficult it will be for the Minister to be convinced that the applicant meets the residence requirement. This is true even if the reasons for the absences seem to fall entirely within the exceptional circumstances described above.

Another way to consider the "majority rule" is to keep in mind that, for citizenship purposes, a person can only have one residence at any given time. Therefore, if a person is spending a lot of time in another country (in effect, residing there), that person cannot, at the same time, "maintain residence in Canada".
If the citizenship judge approves an application where the applicant has been outside Canada the majority of the time (in other words, has been outside Canada for more time than in Canada), the citizenship judge's complete file on the applicant must then be referred to Case Management Branch for possible appeal by the Minister. Include your analysis of why the applicant does not appear to meet the residence requirement. Keep in mind that the delay within which an appeal can be filed is 60 days. Cases must therefore be referred on a timely basis, or the Minister will lose the right of appeal (see Chapter 8, "Appeals", for the procedure to follow).

 

[torontonian2003]

Dear Forum members,
I was just wondering if any member of the forum has an idea as to how the Citizen and Immigration Canada office will treat the citizenship qualification criteria and application of a permanent resident who works as a seafearer.
I am a permanent resident of Canada since March, 2012 when I landed with my wife under the FSWP. Incidentally, I maintained my employment with the UK company I work for as a Senior Geophysicist on their seismic vessel which operates on waters of the world. My wife permanently lives in Canada while I keep going to work on waters of the world on a 5 weeks on and off basis. By this implication, while my wife will be qualified for citizenship application by March 2015, I will only be managing to close in on 1.5years of physically being in Canada during the same period.

My concern is what will happen to my residency status if I'm not able to make the mandatory 2 years before my 5 years PR expires. Please be aware that I remit my taxes on all earnings from this job to CRA and even just mortgaged a home for my family. Canada is the only place I know as home and the only country I reside since my landing apart from traveling to any part of the world where my vessel has operations. I have Bahamas Seamans book which shows records of my on and off period on each vessel I work on. I also don't pay tax any where else apart from Canada except when my vessel operates on some waters of countries that charges taxes on their waters (e.g. Norway, UK, Denmark). Will I qualify for direct Citizenship application under some exceptions or perhaps an extension of my PR status?

Kindly advice on what can potentially become of my fate and that of my family at the end of these times.

Regards,
AbiAkin

I wonder if it'll be worthwhile obtaining a Canadian Seafarer's Discharge Book from Transport Canada and use it for your future job assignments rather than your Bahamas Seaman's Book? You are entitled to obtain one as I understand as a permanent resident. It might look better to CIC if you are declaring your travels as someone from Canada rather than another country (I'm assuming Bahamas in your case).

https://www.tc.gc.ca/eng/marinesafety/mpsp-training-examination-certification-central-registry-537.htm

Just a thought. I'm not in your trade so please excuse my ignorance about the feasibility of my suggestion.

Also if your company has a subsidiary in Canada, it may be possible to declare that your work assignments are tied to that Canadian subsidiary. Absences due to overseas assignments provided they are from bonafide Canadian companies and their subsidiaries, can possibly be credited towards "physical residency" in Canada. The following is an excerpt from a CIC policy manual:

http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

6.5. Employment outside of Canada
The Regulations enable permanent residents to comply with the residency obligations while
working abroad, provided that:
 they are under contract to or are full-time employees of a Canadian business or in the public
service, where the assignment is controlled from the head office of a Canadian business or
public institution in Canada; and
 they are assigned on a full-time basis as a term of their employment or contract to a position
outside Canada with that business, an affiliated enterprise or a client.

Also I found this:
http://immigrationcanada.pro/permanent-residence/maintain-permanent-residence-living-overseas/

 

[zardoz]

In my personal opinion, there is absolutely no possibility that OP-10 (6.5) will be applicable to this situation. Not even close...
I agree with rayman_m that keeping PR status is going to be hard work, let alone applying for citizenship.

 

[AbiAkin]

Thank you all for digging deep to give recommendations. I was digging up stuff too and came across the NR74 form to determine your residency.
My question is at what point will this NR74 form become useful if at all. If one has to invoke the exceptional circumstances posted by 'Torontonian2003', at what stage or point will it potentially become the last resort. Is it in terms of bidding for citizenship application the same time my wife will qualify and submit her application but now as a family or I just have to struggle for PR renewal first. Will it add more weight to my case if I pickup the Seafearer's discharge booklet as evidence of my going out of the country only to work? Meanwhile, I don't work for a Canadian company (but UK) so the exception that applies will not be applicable to my case. i was also the principal application for the FSWP application and currently pays the most tax to CRA.

Thank you for your continued input and advice.

 

[rayman_m]

Here is what may happen with you when will apply to renew your card with fewer than 730 days out of 5 years:

1. Since you have no option or unlikely you will be able to make 730 days, by default you have to apply for renewal.

2. It is anticipated that CIC will give you a RQ (Residency Questionnaire) to fill up and provide all the supporting documents that will initially highlight your ties with Canada such as you have family, house, pay tax, maintain bank account/credit card, pay bills etc, etc..

3. CIC will call you for interview and you have to present your case in support of your residency. CIC will like to know more about your residency and reason for failing to meet basic residency of 730 days. Upon your interview, CIC may approve or disapprove your application and send your file to a Judge hearing.

4. If you can convince Judge and considers your overall situation looking at your other ties with Canada, judge may approve and CIC will renew your card. If CIC Judge rejects then you will have to go for Federal Court appeal which will take quite longer for court ruling whether it goes on your favour or uphold CIC judge decision. But while all these the legal process continues you can live in Canada legally as you are landed immigrant having COPR but you will be able to travel overseas due to expired PR card.

 

[zardoz]

The OP should make himself familiar with the contents of both
http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf (ENF 23 – Loss of Permanent Resident Status)
and
http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf (OP 10 – Permanent Residency Status Determination)
because I suspect that, at some time, he is going to need to know this stuff.

It should be noted from those documents, things such as how much tax you pay and what property you own will make no difference to determining if the PR residency obligations have been met.

It's also highly likely that CP-5 will be rewritten WHEN the new Citizenship Law gets passed. All of the quoted "get out of jail free" clauses that were mentioned are likely to be removed as part of the "get tough" nature of the proposed legislation. It will be straight physical residency instead of "ethereal ties to Canada".

Maybe you should be looking at changing your career?

 

[Msafiri]

AbiAkin,

1. As has been pointed out the least of your problems at this time is not getting citizenship but is really to meet the Residence Obligation to secure your PR Status. At some point in time you will face an RO examination most likely at PR Card renewal time but it could happen the next time you return to Canada from your vessel. When you fail the RO examination you will be reported and have to appeal....a breach due to a lifestyle choice which is what your employment will be deemed as won't fly with the courts and you can say adios to your PR status. No PR status or any reports and no can do for the citizenship application.

2. The current Citizenship Act does not define 'residence' as physical presence so on paper you can apply with basic residence which requires you to have 2 years of PR status.

3. CIC get round 2 by placing citizenship applications (such as yours if you did apply) with less than 1095 days of physical presence in the 4 years prior to application date in a 'non routine' stream which as at today has 80% of applications processed in 36 months.

4. You will fall in the even lengthier 20% of 3 above because as per the last ATIP (privacy process info release) from CIC anyone with less than 900 days of physical presence has a Mandatory Citizenship Judge hearing in addition to filling out a Residence Questionnaire. Search for poster 'eileenf' on this forum and check her signature as to why you don't want to get an RQ. You get the chance to explain to the CJ why you are so special as to be exempt the physical presence requirements. Depending on your local CIC office you may wait anywhere between 12-24 months for your day with the CJ.

5. The current Citizenship Act is being reformed with both residence being physical presence and one extra year of residence required. So you stand a chance now but not even a sniff when its enacted.

6. Change your job if you want citizenship is the message to one that keeps you on Canadian Soil...exemptions for absences in place if you were serving in the military or for the government.

7. Also under the current Immigration Act (IRPA) if you wife gets her citizenship then she can rescue your PR status if she is accompanying you abroad (as absences are disregarded/ deemed to be in Canada days) subject to CIC not finding out about the breach and reporting you....how long do you want to play cat and mouse with CIC?

 

[rayman_m]

I agree with you Msarifi but in his situation, his priority will be to keep PR status valid. He should not travel outside approaching the 5 years mark of is PR card expiration and find himself in the airport he is short of 730 days. CBSA agent may deny his entry failing on meeting residency condition and then he will have to appeal against CBSA agent decision.

 

[torontonian2003]

Thank you all for digging deep to give recommendations. I was digging up stuff too and came across the NR74 form to determine your residency.
My question is at what point will this NR74 form become useful if at all. If one has to invoke the exceptional circumstances posted by 'Torontonian2003', at what stage or point will it potentially become the last resort. Is it in terms of bidding for citizenship application the same time my wife will qualify and submit her application but now as a family or I just have to struggle for PR renewal first. Will it add more weight to my case if I pickup the Seafearer's discharge booklet as evidence of my going out of the country only to work? Meanwhile, I don't work for a Canadian company (but UK) so the exception that applies will not be applicable to my case. i was also the principal application for the FSWP application and currently pays the most tax to CRA.

Thank you for your continued input and advice.

Have you thought about practicing your profession here in Canada instead?
I would assume your profession will be in high demand in the mining industry and oil/gas exploration in the country.