3 years absent from canada

Canada Immigration Forum (discussion group)


 
       
Subject: 3 years absent from canada
  Hi, I´m immigrant since 2001, and my card is going to expire this april. My hasband had a business outside of canada I went with him and it took longer than we expected. I was outside of canada for 3 years and 1 month. I´m short of 1 month. I checked the government site and says I have to be here 2 years out of 5 years to renew my PR card. Do I still hace a chance to renew my PR card or I lost it? My hasband and my doughter are both canadian citizen. So it´s just me. Thank you.
[09-02-2008,16:03]
[**.225.197.116]
Megumi
(in reply to: 3 years absent from canada)
Its got to be 2 yrs within the last 5 years, you know that right ? You have been an immigrant since 2001, so 6-7 yrs have passed since you became an immigrant.
If you can explain where you spent the last 6-7 yrs maybe we can help better.

[09-02-2008,16:48]
[**.112.73.220]
Raj
(in reply to: 3 years absent from canada)
if you are only short 1 month, I would think there will be some latitude.
[09-02-2008,18:33]
[**.155.160.37]
Sharon
(in reply to: 3 years absent from canada)
I could be wrong on this (someone correct me if I am). But from what I understand if you are out of Canada accompanying an Canadian citizen, then that time counts towards your residency requirement. So, if you have had PR for 3 years, you should be able to apply for citizenship, assuming I am correct in my understanding. Anyone?

Ray

[09-02-2008,19:00]
[**.144.219.227]
Ray Masa
Is that means?! (in reply to: 3 years absent from canada)
Is that means I stil have a chance to renew if I explain I was out accompanying an Canadian citizen??! If so that´s great....Anyone can be sure about this?
Thanks everyone for the comment!

[09-02-2008,19:29]
[**.225.197.116]
Megumi
(in reply to: 3 years absent from canada)
Hi Megumi,

I googled physically residence requirements and found the following link that might be helpful. However, I would suggest that you contact CIC or Canadian high commission in your country of residence (if you are still outside Canada) and verify the information:

From Citizen & Immigration Canada (CIC) website:

http://www.cic.gc.ca/English/information/applications/guides/5529E2.asp

“Residency Obligation
Calculating Days Present in Canada

To meet the residency obligation, you must have been physically present in Canada for a minimum of 730 days within the past five years. If this is not the case, you may also count the days you spent outside of Canada in the following circumstances:

A. Accompanying a Canadian citizen or a permanent resident outside Canada

Accompanying a Canadian citizen

Each day that you are accompanying a Canadian citizen outside Canada is considered a day for which you satisfy the residency obligation provided that the person you are accompanying is your spouse, common-law partner or parent (if you are a child under 22 years of age).

The total number of days that you spend accompanying a Canadian citizen may be added to the total number of days for which you otherwise satisfy the residency obligation…….”

So as you can see, if you accompanied a Canadian citizen (who is your spouse), you may count those days outside Canada towards the requirement. You may want to read the entire page to find out what evidence you need to provide.

Hope this helps.

Ray

[09-02-2008,20:13]
[**.144.219.227]
Ray Masa
great (in reply to: 3 years absent from canada)
It helps a lot. Thank you.
[09-02-2008,20:24]
[**.225.197.116]
Megumi
(in reply to: 3 years absent from canada)
BTW, doesn´t that mean that you can apply for a citisenship now (3 years with a citizen)?

If yes, apply and become a citisen, having voting rights!

[09-02-2008,21:47]
[**.149.246.114]
Nikolai
(in reply to: 3 years absent from canada)
You can´t claim the days outside of Canada staying with your Canadian citizen spouse towards the citizenship. Those days will be counted only to keep your PR status valid. Not for citizenship.

For the citizenship you physically need to present in Canada fulfiling the 3/4 years rule.

If you work for any Canadian companies overseas then the same rule also applies.

[09-02-2008,22:14]
[**.18.16.117]
Departed_Canadian
(in reply to: 3 years absent from canada)
Dear Megumi,

As I recommended in the earlier post, please contact CIC or CHC for official information. There is a lot of incorrect and misinformation on forums and you should not simply rely on responses in the forums.


Departed Canada, can you tell me where you got the information regarding the following statement?

“You can´t claim the days outside of Canada staying with your Canadian citizen spouse towards the citizenship. Those days will be counted only to keep your PR status valid. Not for citizenship.”

According to the CIC website (https://services3.cic.gc.ca/rescalc/resCalcStartNew.do?&lang=en):

“absences from Canada may have an impact on your residence. Only a citizenship judge can determine if you meet the residence requirements with fewer than 1,095 days of physical presence.”

In other words, one can apply for citizenship with less than 3 years physical residence. It is up to the citizenship judge to approve or reject the application.

Further information from CIC:

“Physical presence in Canada is the amount of time you have lived in Canada within the relevant four-year period, minus time spent serving a sentence, and minus the days you have been physically absent from Canada. If you have fewer than three (3) years (1,095 days) of physical presence but at least three (3) years of basic residence less time served, the citizenship judge will evaluate the nature of your residence in Canada. However, your application will take longer to process and may be refused. See Question 8 for more information on applying with fewer than 1,095 days of physical presence.”

Question 8 referenced above is:

“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.”


Departed Canada, please do not spread misinformation. Please don’t feel the need to answer every question. If you don’t know the answer to a question, refrain from giving incorrect information.

You have made a personal decision to leave Canada and live elsewhere. That’s good for you. We all have the right to choose where we want to live. If some of us are working towards migrating to Canada that’s our decision. Please refrain from screwing up people’s lives by spreading false information as to what they can and cannot do. I for one will highly appreciate if you can please desist from posting incorrect information in the future. And I thank you in advance for your cooperation in the matter.

Ray

[10-02-2008,07:03]
[**.144.219.227]
Ray Masa
(in reply to: 3 years absent from canada)
Quote, by D_C

[(You can?t claim the days outside of Canada staying with your Canadian citizen spouse towards the citizenship. Those days will be counted only to keep your PR status valid. Not for citizenship.

For the citizenship you physically need to present in Canada fulfiling the 3/4 years rule.

If you work for any Canadian companies overseas then the same rule also applies.])

THE ABOVE "QUOTE" BY DEPARTED_CANADIAN IS ABSOLUTELY CORRECT. ANYONE IN DOUBT, SHOULD HAVE DONE/DO THE SEARCH HIMSELF/HERSELF

[10-02-2008,10:29]
[**.232.11.30]
SutarB