- December 8, 2016
- Posted by: admin
- Category: Blog
As a permanent occupant, the lay down rule to apply for Canadian citizenship is to have 1,095 days of physical appearance in Canada in the past four years.
If eventually you meet that test, incredible.
In any case, imagine a situation in which you were out of the country for a couple of days for each month. Imagine a scenario where you must be out of the country a couple of days for every month. Can you apply for anything under 1,095 days? The answer is: Yes, you can.
To state that the law on physical presence is as of now in a mess would be an understatement. There are a few cases at the Federal Court that all say several things.
Be that as it may, citizenship judges will, for the most part, look at your tie to Canada if you have less than 1,095 days. So let’s look at the factors the citizenship judge will consider, so you can draft your submission as needs are. Take note that generally, just temporary and short unlucky absences will be considered as exceptions; long absence and living far from Canada won’t fall within the elements below.
- Was the individual physically available in Canada for a long time preceding the recent absences which happened immediately before the application for citizenship?
This implies that you lived here for nearly three years; left for a period of time (a couple of months maybe) however then returned and lived here permanently.
- Where is the candidate’s close family and dependents (and more distant family) occupants?
Suppose you have official business trips outside of Canada. In any case, most or all of your family live here. It demonstrates you have genuine ties to Canada, so those days away may be consider as physically living here.
- Does the pattern of physical presence in Canada demonstrate a returning home or just going to the nation?
If you leave Canada routinely yet remain in hotels, it would seem that you are returning home every time, so those days away can be consider as here. Nonetheless, if you possess a residence somewhere else and leave the nation to live there, it might show up as you are going to Canada and living somewhere else, so those days may not be consider as presence here.
- What is the length of the physical absence – if a candidate is just a couple of days short of the 1,095 aggregate it is less demanding to find deemed residence than if those absences are expansive.
Entirely clear – the fewer absences, the better under this exemption to the physical presence rule.
- Is the physical absence created by a plainly temporary circumstance, for example, work as a missionary abroad, after a course of study abroad as a student, accepting temporary employment abroad, going with a spouse who has accepted temporary work elsewhere?
This is the special case that most candidates use. You live here, and your employer constrains you to take a task elsewhere. On the off chance that you will attempt this approach, you better have bunches of evidence, including a business contract and a point by point letter from your employer clarifying why you were required to work out of the nation and what you were doing.
- What is the nature of the connection with Canada: is it more generous than that which exists with whatever other nation?
If you need to utilize this special case, show your entire link to Canada: work, property, association in the community, contacts, social associations – whatever you can. Additionally, should in case you pay tax here and no other place, try that as well.
You ought to note that one line of case law says citizenship judges must take a look at the elements above on the off chance that you have less than 1,095 days. A different line of case law says they can depend on strict physical appearance in Canada. So you are taking your risks applying with fewer days.
However, most citizenship judges will apply the above variables, if you run into one who stays with physical appearance; you can just apply again once you have 1,095 days. It is always an intelligent thought to talk with a legal advisor before applying.
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