Hi
Can immigration lawyer/agent clarify the number days required for citizenship?
What is the difference between Basic residence & Physical presence?
On the website http://www.cic.gc.ca/english/citizen/calculator-faq.html
It says
When calculating an absence, either the day you leave Canada or the day you return is considered an absence, but not both. For example, an absence between July 1, 2003, and July 15, 2003, equals 14 days of absence.
So basically if I fly to USA on Monday morning and come back to Canada on Fri. night - it counted as 4 days outside even though I am physically present in Canada on Monday and Friday
Or
does it mean my weekends stay in Canada (coming on Friday night and going out on Monday morning) is counted as 3 days only?
Do I need have Basic residence or Physical presence for citizenship ?
Please clarify ASAP
Thanks
jay
You need Basic residence of at least 1095 days to be eligible for citizenship. Which means that you should have been living in Canada (after becoming a PR) or counting 1/2 period before you became a PR for a total of 1095 days.
There may be absenses in this period.
Physical presence means the no. of days you were actually physically present in Canada. Ideally you need at least 1095 days of Physical presence to get citizenship.
However, if you have less than 1095 days of physical presence(but 1095 days of Basic residence) then a citizenship judge is qualified to still award you citizenship.
This is actually explained quite well on the website.
Regarding trips outside of Canada, my understanding is if you leave on Monday (whenever) to go to the US and come back Friday night(whenever) to Canada. You can count either the Monday or the Friday as presence in Canada. Friday would seem more logical.
Hi,
After working for a company for a year in Canada, if I move to US on L1 or H1B with the same company, can I apply for citizenship after 3 years?
Thanks.
I am looking forward also for the same answer.
Unfortunately, you cannot apply for citizenship. The time you spent with the Canadian company in USA is considered towards meeting your PR rules (2 out 5 year rules) but not towards citizenship
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So I guess it means
Basic residence of at least 1095 days can be within any number of years ( does not be within 3 out of 4 years) but Physical presence (1095 days ) has to be within 3 out of 4 years for citizenship.
Thanks
jay
It is really quite simple. You should have been physically present in Canada for 1095 days within the last 4 years. That is it. Working for a Canadian company and living outside of Canada DOES NOT count. This question has been raised a zillion times. Physical presence really does mean physical presence.
It is different when it comes to PR.
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