Posted on: 14-01-05 15:49:27
Quote:
Orginally posted by anand16
Hi Valleyguy,
Thanks for your question. According to CIC you've to be in Canada for 2 years out of 5 years period. My advice is live and work in canada for 2+ years to maintain your residency. To apply for your pasport you should have lived in Canada for 3+ years and the 4th year you can apply for your citizenship. I hope all Canadiandesi's agree with me.
Thanks,
A16
You are not wrong, but not completely right too.
For maintaining your PR, you have to be physically in Canada 2 out of 5 years block.
For getting citizenship (not passport - since you cannot apply for passport, which is a travel document and not everyone need to have it, without having citizenship), you have to be physically present in Canada a total of 1095 days or more in the previous four years on the date of your application. This means that if you have lived in Canada physically for 3 years but went out for two years, and then want to apply for citizenship, you will not be eligible.
Hope that clarifies.
Chandresh
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Chandresh
Advice is free – lessons I charge for!!
Chandresh,
Yes you're right!!!! Thanks for your input, hope this will help our fellow CD'S.
A16
Current Citizenship doesnot require you to be physically present for 3 yrs out of 4 yrs. It says 3 yrs residence which as such is not defined by act. However if you are physically present as PR for 3 yrs out of 4 yrs your application is striaght forward and meets the residence requirement else it is upto the Citizenship judge to determine if you have met the residence requirement which depends on your ties with Canada which is a subjective matter ( Home, Family, Taxes, What type of visit did u made outside canada, and ur intent to have permanent home, business etc). Even courts have given different rulings on different cases. But as said by other CDs best and fair is to live and be physically present in Canada as PR for 3 yrs out of 4 yrs
Folks
I cann't believe things could vary person by person to this extent. I applied on Oct 31, 2003,
Processing started on Jan 30-04
Application sent to Scarboro office on March 30-05
Nothing yet. no test, no cofirmation anything.
Called thoese guys, say now the timeline is 15-18 months. My fault none...I am into 15th months and no news.
Worse still, job situation is getting affected as my company is hoping me to have this thing out of my way as I promised them. Now who knows when....
Any body out there who have the similar experience. Is there any way to convince the immig officers to quicken it coz its affecting my livlihood!!!!
Get in writing from your company that job needs you to be Canadian Citizen and Why they need Canadian Citizen else you might loose ur job, and than send it to Scarboro office requesting quicker processing
Dear Sirsa anc Chabdresh,
1.In case some body had not lived in Canada for first 2 years out of 5 years (max allowed in PR Card) and then stayed for remainng 3+ years in Canada.Can he now apply immediately for citizenship or still need to wait for 1 more year ( to qualify for 3 years in last 4 years formula) ?
2.After applying can he live outside canada(incl his family) and return just for writing the test and oath etc ? any problems ?
3.Are the authorities now swiping the new PR Cards and time stamping any info. from it in their database? any idea ?
4. A separate scenario not related to Citizenship but to residency...
What happens if a person who landed and stayed for a month (first time) leaves Canada and later returns to Canada only in the 4th/ 5th year with an intention to stay for minimum 3 years (with no breaks thereafter) ?
a)will he be allowed entry first of all ?
b)what will happen to his PR Card which would expire soon and he would not have maintained residency based on formula of 2 years out of 5 years residencey rule?
I will answer your questions.
Dear Sirsa anc Chabdresh,
1.In case some body had not lived in Canada for first 2 years out of 5 years (max allowed in PR Card) and then stayed for remainng 3+ years in Canada.Can he now apply immediately for citizenship or still need to wait for 1 more year ( to qualify for 3 years in last 4 years formula) ?
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If you have stayed 3 yrs then you can apply.
2.After applying can he live outside canada(incl his family) and return just for writing the test and oath etc ? any problems ?
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You are supposed to inform CIC if you are going to be away for more than 15 days or 30 days I think once your application is in process. I would not suggest this though.
3.Are the authorities now swiping the new PR Cards and time stamping any info. from it in their database? any idea ?
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I am sure there is a way to track your arrival/departure with PR cards.
4. A separate scenario not related to Citizenship but to residency...
What happens if a person who landed and stayed for a month (first time) leaves Canada and later returns to Canada only in the 4th/ 5th year with an intention to stay for minimum 3 years (with no breaks thereafter) ?
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You cannot do that. You will be issued a removal order as you have not stayed for 2 yrs out of 5 and thus do not meet residency requirements at that point. You can't return in the 5th year having lived only for a month. At that point you are already 'out of status' so to speak.
a)will he be allowed entry first of all ?
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depends. most likely no. legally should not be.
b)what will happen to his PR Card which would expire soon and he would not have maintained residency based on formula of 2 years out of 5 years residencey rule?
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If he is allowed in, I guess could apply for an extension.
