for the citizenship the form says you have to be in canada for 3 yrs out of 4, my question is if I dont have total or 3yrs resided due to travelling and work then will I have to start over and acuire another 3 yrs of residency IF my 4 years expire before I complete the 3 years. I hope I am making sense and someone can shed some light on this topic.
citizenship 3 yrs rule
- Thread starter machismo
- Start date
bhand11683
Registered Users (C)
Try to make 3 yrs in the 4 years not including the 1 st year then .
machismo,
here's the deal. you be considered a *resident* of canada, you need to be in canada TWO years out of *consecutive* FIVE. Those 2 years can be split.
NOW, if you been a *resident* of canada for EIGHT YEARS, (8 years was the law till 2001, i think it's 9 now but unsure) YOU MUST file for citizenship OR explain WHY you are not filing for it and prefering to retain your original nationality.
NOW, to file for citizenship, with those EIGHT years, you have to IN canada for 3 years, be it 6 months each year and skipping few years. The 3 years DO NOT have to be consecutive, they just have to be in accordance with the RESIDENCY LAW. i.e. you lived in canada 2 years (not consecutivey) out of any consecutive 5 years.
So in other words, supposing you landed in 1995. BY 2000, you should have lived in canada for TOTAL OF 730 DAYS. DOES NOT MATTER which days between 1995 to 2000.
AND, if you have lived in canada for 1095 days at any point from 1998 onwards, you fulfil the residency requirement and you can file for citizenship.
Hope that helps.
in simple words, from the day you landed till today, count the days you were present in canada and subtract if from 1095. the number you get is the remaining days you have to live in canada to be eligible for citizenship.
here's the deal. you be considered a *resident* of canada, you need to be in canada TWO years out of *consecutive* FIVE. Those 2 years can be split.
NOW, if you been a *resident* of canada for EIGHT YEARS, (8 years was the law till 2001, i think it's 9 now but unsure) YOU MUST file for citizenship OR explain WHY you are not filing for it and prefering to retain your original nationality.
NOW, to file for citizenship, with those EIGHT years, you have to IN canada for 3 years, be it 6 months each year and skipping few years. The 3 years DO NOT have to be consecutive, they just have to be in accordance with the RESIDENCY LAW. i.e. you lived in canada 2 years (not consecutivey) out of any consecutive 5 years.
So in other words, supposing you landed in 1995. BY 2000, you should have lived in canada for TOTAL OF 730 DAYS. DOES NOT MATTER which days between 1995 to 2000.
AND, if you have lived in canada for 1095 days at any point from 1998 onwards, you fulfil the residency requirement and you can file for citizenship.
Hope that helps.
in simple words, from the day you landed till today, count the days you were present in canada and subtract if from 1095. the number you get is the remaining days you have to live in canada to be eligible for citizenship.
canadian2004
New Member
Priya75 said:
This is the first time I hear of this, so you better double check it. I don't think this part of Priya's posting is accurate. The EIGHT year time period is not mentioned anywhere in the CIC documents and inconsistent with the citizenship application.
canadian2004,
glad you posted that. i became a PR in 2000 and this was the law/rule then. it was mentioned very clearly in the booklet i received and most of my acquaintance who were PRs before me knew of this as well. i was infact told of this by my attorney since initially i didn't plan to migrate to canada right away.
on the same note, if you remember, there was NO 2 years out of 5 year law till recently. When i migrated i was supposed to be IN canada six months out of a year. now canadian PRs can remain out of canada for 2 years!!
So yes, laws keep changing. but don't rule it out just because you haven't heard of it
glad you posted that. i became a PR in 2000 and this was the law/rule then. it was mentioned very clearly in the booklet i received and most of my acquaintance who were PRs before me knew of this as well. i was infact told of this by my attorney since initially i didn't plan to migrate to canada right away.
on the same note, if you remember, there was NO 2 years out of 5 year law till recently. When i migrated i was supposed to be IN canada six months out of a year. now canadian PRs can remain out of canada for 2 years!!
So yes, laws keep changing. but don't rule it out just because you haven't heard of it
tail_monkey
New Member
Citizenship in physical absence
Hi all, I have found this forum extremely helpful and encouraging. I have a big problem, PLEEEEEEEEEEEEEEEAAAAAAAAASE if anyone can give some advice, I would be much indebted.
I became landed immigrant in canada in sept 2001, along with my family (father mother, and siblings). I left after a week whereas all my family stayed in Canada. I left to finish my studies there and was on Returning residetn permit till nov 2002 wehn I returend after my graduation, to canada.Then I lived in canada till January 2004 (so i have 16 months of physical presence in canada and one year on RRp). After January 2004, I came to USA on H1b visa but the purpose is postgraduate education (I can get proof that I am in usa for three years maximum and am pursuing postgraduate research training). Now my whole family is applying for canadian citizenship this sept (my parents and siblings have physcially lived three years continuously this sept). I am single, over 25, with bank account, health card in canada. Don't have any property in either canada or USA but my permanent residence everywhere is with my parents.
Now on citizenship form it says that even if days are less than 1095, the person may apply and its upto judge to decide. How far is that true and does anyone has experience of being granted ciitzenship under such circumstances. Also, I have been very honest since day one, and for myPR application also stated everything honestly, meaning all trips outside canada very honestly.
Any light or positive similar experience will be very much welcome.
Thanks,
Regards,
Saima Waheed
Hi all, I have found this forum extremely helpful and encouraging. I have a big problem, PLEEEEEEEEEEEEEEEAAAAAAAAASE if anyone can give some advice, I would be much indebted.
I became landed immigrant in canada in sept 2001, along with my family (father mother, and siblings). I left after a week whereas all my family stayed in Canada. I left to finish my studies there and was on Returning residetn permit till nov 2002 wehn I returend after my graduation, to canada.Then I lived in canada till January 2004 (so i have 16 months of physical presence in canada and one year on RRp). After January 2004, I came to USA on H1b visa but the purpose is postgraduate education (I can get proof that I am in usa for three years maximum and am pursuing postgraduate research training). Now my whole family is applying for canadian citizenship this sept (my parents and siblings have physcially lived three years continuously this sept). I am single, over 25, with bank account, health card in canada. Don't have any property in either canada or USA but my permanent residence everywhere is with my parents.
Now on citizenship form it says that even if days are less than 1095, the person may apply and its upto judge to decide. How far is that true and does anyone has experience of being granted ciitzenship under such circumstances. Also, I have been very honest since day one, and for myPR application also stated everything honestly, meaning all trips outside canada very honestly.
Any light or positive similar experience will be very much welcome.
Thanks,
Regards,
Saima Waheed
hi,
the form says that you may apply if it's 1000+(?) days and not apply if it's less than 730 days but if it's between 730 and 1095, the judge makes the decision.
now here's my experience, i had 1055 days, i had no problem whatsoever.
I had a friend who was missing 5 months, the judge did call her for an interview. but more than that, it took her 15 months to get to the oath. whenever she called, they said her case would take longer, they wont deny her the citizenship because she had many days missing and there gave preference to people who had the right days.
i think that was their way of making her finish the 5months?
how many days in total do u have?
the form says that you may apply if it's 1000+(?) days and not apply if it's less than 730 days but if it's between 730 and 1095, the judge makes the decision.
now here's my experience, i had 1055 days, i had no problem whatsoever.
I had a friend who was missing 5 months, the judge did call her for an interview. but more than that, it took her 15 months to get to the oath. whenever she called, they said her case would take longer, they wont deny her the citizenship because she had many days missing and there gave preference to people who had the right days.
i think that was their way of making her finish the 5months?
how many days in total do u have?
tail_monkey
New Member
Thanks Priya for the reply.
Here is my problem
1) 355 days on RRP
2) 456 days of physical presence
3) Now a doing higher education in States
Also I am very sure that the 730 day rule is the time period between applying and becoming permanent resident, not the time of minimum physical stay.
Also is everyone allowed to take the citizenship test or only those whose applications are approved or whose cases are reviewed favourably.
Please let me know what you think,
Thanks
Regards,
SW
Here is my problem
1) 355 days on RRP
2) 456 days of physical presence
3) Now a doing higher education in States
Also I am very sure that the 730 day rule is the time period between applying and becoming permanent resident, not the time of minimum physical stay.
Also is everyone allowed to take the citizenship test or only those whose applications are approved or whose cases are reviewed favourably.
Please let me know what you think,
Thanks
Regards,
SW
bhand11683
Registered Users (C)
2 years out of 5 years after you become a PR to maintain your PR and it has nothing to do for time between applying etc.
tail_monkey
New Member
then what next???
Hi Bhand, thanks for replying, you seem to be very knowledgible about these facts. So given my situation, there is no way I will qualify for exceptional circumstances for citizenship, so then I should not apply at all, and also lose my permanent status in the next three years if my course of study might take three and a half years to finish.
I have talked to lawyers and they don't seem to have an answer.
Since you have beenextrememly active on this and other forums, have you heard of any case at all in which citizenship was granted in cases similar to mine.
Thanks
Hi Bhand, thanks for replying, you seem to be very knowledgible about these facts. So given my situation, there is no way I will qualify for exceptional circumstances for citizenship, so then I should not apply at all, and also lose my permanent status in the next three years if my course of study might take three and a half years to finish.
I have talked to lawyers and they don't seem to have an answer.
Since you have beenextrememly active on this and other forums, have you heard of any case at all in which citizenship was granted in cases similar to mine.
Thanks
bhand11683
Registered Users (C)
Not that I know of
TM,
since the time my brother filed for his application till now, it's almost been 3 years. u don't think that means he wont have to stay in canada at all if he gets his PR and can apply for his passport right away, right?
download and read the citizenship application, half your queries will be answered already.
since the time my brother filed for his application till now, it's almost been 3 years. u don't think that means he wont have to stay in canada at all if he gets his PR and can apply for his passport right away, right?
download and read the citizenship application, half your queries will be answered already.