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| Subject: residency status of canada |
hi i am pr of canada. during my stay in canada i visited usa on usa visitor visa for 6 weeks. am i eligible to include this usa stay towards my residency requirements.
[25-10-2009,04:56]
[**.23.26.160]
bob chang |
(in reply to: residency status of canada)
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.
There are three different kinds of residence:
1. Basic residence in Canada is the minimum time required to be eligible for a grant of citizenship (1,095 days). The calculation of basic residence does not include absences from Canada. However, any time spent serving a sentence in Canada must be deducted from the calculation of basic residence. If you apply with fewer than three (3) years (1,095 days) of basic residence, your application will be returned to you by the Case Processing Centre in Sydney, Nova Scotia (CPC Sydney).
2. Basic residence taking into account time spent serving a sentence (or basic residence less time served) is calculated by subtracting time spent serving a sentence in Canada (i.e. time spent in a prison, penitentiary, jail, reformatory, under a conditional sentence, on probation, and/or parole) from basic residence. Section 21 of the Citizenship Act states that any time spent imprisoned, on probation or on parole cannot be counted as a period of residence for the purpose of acquiring citizenship (there are some exceptions). Your application will be refused if after examination of your court documents, it is determined that you have fewer than 1,095 days of basic residence less time served.
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.
Good luck!
[25-10-2009,15:59]
[**.81.91.174]
Edu |
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