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authorization to return now apply for citizenship

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timmy123 View Drop Down
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    Posted: 02 Aug 2011 at 8:25pm
I came to canada in 2003   and filed a refugee claim which was later denied in 2005 i was given a pre removal assessment in 2006 and withdraw it 2007 and given i date to leave canada  and i complied by leaving in december 2007.  i was given authorization to return to Canada in june 2008 as a permanent residence. i am filling out the citizenship form question #7 D Are you now, or have under a removal order (have you been asked by Canadian officials to leave Canada) will this prevent me from applying for canadian citizenship and will the years before becoming a permanent residence counts a physical present
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 03 Aug 2011 at 3:31am
Be sure to answer all questions honestly and completely.

They know anyway.

If you submit your application this week, say by Friday August 5, the relevant time period that will count in the residency calculation will be from Aug 6, 2007 to Friday, August 5, 2011. Ordinarily time spent living in Canada prior to your landing in June 2008 and subsequent to August 6, 2007 would count at the rate of one half day for every day you were living in Canada. But, frankly, I am not sure about the credit in the circumstances you describe. And, more frankly, I would not count on that time. If that means waiting two more months (that's about all the credit you'd get from 2007) to apply, or three more months, that seems like a no-brainer to me. Why drag that history, by making it part of the residency calculation, into the calculation any more than it already will be?

Former refugee claimants seem to be scrutinized more than some other classes of PRs. Your history is going to invite some more scrutiny. You want to do this right. Better to not cut it close. Give yourself some margin and, frankly, enough distance from the 2007 stuff that it does not play a direct role in assessing your case.

I am not privy to the particular thought processes the CIC officers or CJs engage in when evaluating an application in such circumstances, but as a practical matter I'd note that when you left in December 2007 you were no longer "residing" in Canada and as such, for purposes of evaluating your citizenship qualifications, you really did not establish residency in Canada until June 2008.

So, whether or not technically you might get eight to ten weeks credit (half day credit for days in August to December) for being present in Canada in 2007, I do not know, but since that was before you came to Canada to live, again, I'd wait and not count on including that time in the calculation.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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