need help

njdude26

Registered Users (C)
i need some information from the experts. i got my PR card in April'04. i then landed in canada and stayed for a few days. Then i started working for a company in the US and moved to to US for that. Came back in sept'06 and since then working for the parent company in Canada. So it was the same company in canada and same company in US ( owned by the same owners based in Canada).

Last week I was at the border and the officer there suggested that I apply for citizenship. I thought there was a physical residence requirement of 3 years. But she told me No. as long as i landed 3 years ago and then worked for a company based out of Canada she said it was fine.

Is she right ? the company here is ready to give me a letter stating that they had outsourced the work to the company in US and i was exclusively working for them but in the US.

this is the reason why the officer said i should apply. please read below.
since i now have bought a house and have a stable salary here and the company is willing to give me a letter stating that my job was outsourced to USA and now im back working for them here, she said it will be ok. and the citizenship judge will grant you the citizenship. is there any harm in trying ( ofcourse other than loosing money ) let us say this gets rejected will it in anyway affect my future apps after another 2+ years ?...

please see below for the info... and any details on what citizenship judges do will help...

https://services3.cic.gc.ca/gol_stat...AQ_en.shtml#Q8

B. APPLYING WITH FEWER THAN 1,095 DAYS OF PHYSICAL PRESENCE
Q8: I have more than 1,095 days of basic residence (or basic residence taking into account time spent serving a sentence) but fewer than 1,095 days of physical presence. Should I apply now or wait until I have 1,095 days of physical presence?

A8: Only a citizenship judge can determine if you meet the residence requirements with fewer than 1,095 days of physical presence. If you apply with fewer than 1,095 days of physical presence, a citizenship judge will evaluate the nature of your residence in Canada. You will be asked to complete a residence questionnaire and provide evidence that establishes residence in Canada, and you might be asked to appear in person before a citizenship judge. When you apply with fewer than 1,095 days of physical presence, your application will take longer to process and may be refused by the citizenship judge.

Deciding to apply with fewer than 1,095 days of physical presence is a personal decision that should be made carefully and take into account your personal circumstances.
 
Remember, the border guys do not (necessarily) have the knowledge about the citizenship. The border guy was right in this case, but the cases like yours are scrutinized very carefully. It also depends on the citizenship judge. Because of the scrutiny and the judge, it takes longer (and in some cases a lot longer). If it takes a lot longer in your case, why not wait for that long to apply for it? That way, at least you will not get scrutinized for not having the physical presence of 1095 days.

If it gets rejected and if you reapply, again the dependency (on the person re-assessing your form) increases.

So my opinion will be to complete the physical presence and then apply, if you are not planning on leaving Canada. And it seems that way since you have a house now.

i need some information from the experts. i got my PR card in April'04. i then landed in canada and stayed for a few days. Then i started working for a company in the US and moved to to US for that. Came back in sept'06 and since then working for the parent company in Canada. So it was the same company in canada and same company in US ( owned by the same owners based in Canada).

Last week I was at the border and the officer there suggested that I apply for citizenship. I thought there was a physical residence requirement of 3 years. But she told me No. as long as i landed 3 years ago and then worked for a company based out of Canada she said it was fine.

Is she right ? the company here is ready to give me a letter stating that they had outsourced the work to the company in US and i was exclusively working for them but in the US.

this is the reason why the officer said i should apply. please read below.
since i now have bought a house and have a stable salary here and the company is willing to give me a letter stating that my job was outsourced to USA and now im back working for them here, she said it will be ok. and the citizenship judge will grant you the citizenship. is there any harm in trying ( ofcourse other than loosing money ) let us say this gets rejected will it in anyway affect my future apps after another 2+ years ?...
 
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