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Urgent Q-Related to Days of Residence

aries9811

Hero Member
Jun 6, 2009
493
8
New York
Category........
Visa Office......
Buffalo-NY
NOC Code......
................
Job Offer........
Pre-Assessed..
App. Filed.......
Jan 27, 2010
Doc's Request.
March 17,2010 --> Documents Recieved @VO April 2,2010
Nomination.....
Not Applicable
AOR Received.
Second AOR 1st May 2010
IELTS Request
March 17,2010
File Transfer...
Nov 2, 2011
Med's Request
Jan 26,2012
Med's Done....
Received @Ottawa Feb 17,2012
Interview........
Waived
Passport Req..
May 10, 2012
VISA ISSUED...
June 2012
LANDED..........
August 2012
I have a question, If I visit US for abt 6-7 months for project work. I read that there are certain exemptions to that, we can still apply for citizenship even if less than 1095 days as it's related to work. But not sure, if it has to be USA company or CAN Company. And if taxes were paid only in USA.
Any idea ? Will they send out RQ ? or still get processed ?
Also exemption if you visit your family outside Canada.
 

kumbu.bumbu

Hero Member
Jan 13, 2009
252
7
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
24-06-2014
May be this will help.

https://eservices.cic.gc.ca/rescalc/redir.do;jsessionid=CAE41F3FAF696858D8A260695FF9B7E8?redir=faq#Q8
 

scylla

VIP Member
Jun 8, 2010
95,836
22,107
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
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
aries9811 said:
I have a question, If I visit US for abt 6-7 months for project work. I read that there are certain exemptions to that, we can still apply for citizenship even if less than 1095 days as it's related to work. But not sure, if it has to be USA company or CAN Company. And if taxes were paid only in USA.
Any idea ? Will they send out RQ ? or still get processed ?
Also exemption if you visit your family outside Canada.
The exemption you're thinking of only applies to PR residency (and only in very specific cases) - not citizenship. For citizenship you need a minimum of 1095 PHYSICAL days in Canada. You cannot count days outside of Canada. If you have less than 1095 days then you should expect RQ followed by a refusal. There's no point applying with less than 1095 days in Canada. It's a waste of money and time.

And no - there's absolutely no exemption if you visit your family outside of Canada.
 

amazing21

Star Member
Sep 30, 2014
182
1
aries9811 said:
I have a question, If I visit US for abt 6-7 months for project work. I read that there are certain exemptions to that, we can still apply for citizenship even if less than 1095 days as it's related to work. But not sure, if it has to be USA company or CAN Company. And if taxes were paid only in USA.
Any idea ? Will they send out RQ ? or still get processed ?
Also exemption if you visit your family outside Canada.

Yes you can …..check out these links…..all you need is have a lot of evidence . However, if you are close to your 1095 physical days I would just wait to avoid the hassle because it is a sure thing.

http://immigrationcanada.pro/canada-citizenship/know-can-apply-citizenship-less-1095-days-physical-presence/


"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?

This the exception that most applicants use. You live here and your employer compels you take an assignment abroad. If you are going to try this approach, you better have lots of evidence, including an employment contract and a detailed letter from your employer explaining why you were required to work out of the country and what you were doing."

Also read this link :

http://immigrationcanada.pro/permanent-residence/maintain-permanent-residence-living-overseas/


Although this as an article from a lawyer, this is also in the CIC website which I have already researched.
 

kentTO

Star Member
Jul 24, 2014
70
2
Category........
Job Offer........
Pre-Assessed..
aries9811 said:
I have a question, If I visit US for abt 6-7 months for project work. I read that there are certain exemptions to that, we can still apply for citizenship even if less than 1095 days as it's related to work. But not sure, if it has to be USA company or CAN Company. And if taxes were paid only in USA.
Any idea ? Will they send out RQ ? or still get processed ?
Also exemption if you visit your family outside Canada.
You will get RQ'd. Also under the new laws it wont be even allowed.
 

aries9811

Hero Member
Jun 6, 2009
493
8
New York
Category........
Visa Office......
Buffalo-NY
NOC Code......
................
Job Offer........
Pre-Assessed..
App. Filed.......
Jan 27, 2010
Doc's Request.
March 17,2010 --> Documents Recieved @VO April 2,2010
Nomination.....
Not Applicable
AOR Received.
Second AOR 1st May 2010
IELTS Request
March 17,2010
File Transfer...
Nov 2, 2011
Med's Request
Jan 26,2012
Med's Done....
Received @Ottawa Feb 17,2012
Interview........
Waived
Passport Req..
May 10, 2012
VISA ISSUED...
June 2012
LANDED..........
August 2012
Can Canadian Citizen stay abroad, and apply for PR of their Spouse (working in other country) and Will that spouse be able to maintain Canadian PR at the same time ?
 

alphazip

Champion Member
May 23, 2013
1,310
136
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aries9811 said:
Can Canadian Citizen stay abroad, and apply for PR of their Spouse (working in other country) and Will that spouse be able to maintain Canadian PR at the same time ?
A Canadian citizen living outside of Canada can sponsor a spouse for PR if they both have the intention of living in Canada after PR is granted. However, yes, if PR is granted, the spouse can maintain his/her status while living outside of Canada with a Canadian-citizen spouse.
 

aries9811

Hero Member
Jun 6, 2009
493
8
New York
Category........
Visa Office......
Buffalo-NY
NOC Code......
................
Job Offer........
Pre-Assessed..
App. Filed.......
Jan 27, 2010
Doc's Request.
March 17,2010 --> Documents Recieved @VO April 2,2010
Nomination.....
Not Applicable
AOR Received.
Second AOR 1st May 2010
IELTS Request
March 17,2010
File Transfer...
Nov 2, 2011
Med's Request
Jan 26,2012
Med's Done....
Received @Ottawa Feb 17,2012
Interview........
Waived
Passport Req..
May 10, 2012
VISA ISSUED...
June 2012
LANDED..........
August 2012
When does CIC sends RQ? On what type of situations ?
 

alphazip

Champion Member
May 23, 2013
1,310
136
Job Offer........
Pre-Assessed..
aries9811 said:
When does CIC sends RQ? On what type of situations ?
Are you talking about an application for citizenship or permanent residence? For citizenship RQs, there have been other threads that go into detail on the kinds of things that trigger getting an RQ. It mainly seems to be unemployment and travel.
 

amazing21

Star Member
Sep 30, 2014
182
1
hi,,,

question to whoever knows..

if you are a PR and has a contract with a canadian business that you are doing work assignment abroad , does that count towards maintaining your permanent residency ??????? i read an article on cic that as far as I understand is a YES, someone told me NO, that only if you are accompanying a spouse, or common law partner who's a canadian citizen..……this is what i read on the cic link :

6.5. Employment outside Canada
The Regulations enable permanent residents to comply with the residency obligation 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.


7.1. The residency obligation under IRPA

The four principal ways that permanent residents can meet the residency obligation under IRPA are by:
• their physical presence in Canada;

• accompanying abroad (that is, ordinarily residing with) a spouse or common-law partner or
parent who is a Canadian citizen;

• being employed abroad, on a full-time basis, by a prescribed Canadian business or in the public service of Canada or of a province; or

• accompanying abroad (that is, ordinarily residing with) a Canadian permanent resident spouse or common-law partner or parent who is also outside Canada and who is employed, on a full-time basis, by a prescribed Canadian business or in the public service of Canada or of a province.

This is the LINK http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
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aries9811 said:
I have a question, If I visit US for abt 6-7 months for project work. I read that there are certain exemptions to that, we can still apply for citizenship even if less than 1095 days as it's related to work. But not sure, if it has to be USA company or CAN Company. And if taxes were paid only in USA.
Any idea ? Will they send out RQ ? or still get processed ?
Also exemption if you visit your family outside Canada.
This scenario has been covered by multiple threads on this forum. To summarize applying with less than 1095 days of actual physical presence (APP) leaves you at the mercy/goodwill of CIC, CJ and the FC. Sentiment across all three institutions is that unless you are doing some kind of exemplary service to Canada causing/pertaining to your absence (e.g. military service) you have one year in the 3 years to 'do your thing'. You can't be 'Canadianized' anywhere else but in Canada. At the end of the process you risk being bounced and starting from scratch....but what the heck its only 400 bucks down the drain eh!