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abdb2000 View Drop Down
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    Posted: 29 Mar 2010 at 3:39pm
Dear members,
 
Basic facts:
*I will be eligible to apply for citizenship on May 31, 2010 (got my PR issued on May 31, 2008)
*Been in Canada since Sep, 2003 (came on a student visa, worked inbetween, eventually got PR)
*Been outside Canada only for vacations (backpacking Europe after grad etc.)
 
Few quick questions:
 
1. I have heard that I can apply before I get eligible (May 31, 2010) for applying as it takes 5 months for the authorities to look at the application. So by the time they will look at my app, it would be well past May 31, 2010.
 
2. I have heard you can write the Citizenship test early, I guess before you even apply, or just after you apply and then hopefully once your citizenship application goes through then you dont need to write the test then.
 
Can people please clarify my questions above, I would really appreciate it.
 
Thanks,
AB
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blackpearl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote blackpearl Quote  Post ReplyReply Direct Link To This Post Posted: 29 Mar 2010 at 4:15pm
1. 
You have to fulfill the residency requirement before you can apply. 
You can choose to apply with less than 1095 days of physical residence, however you will likely receive an RQ and there will be long delay in your application.

2. 
Not true. You write your test when CIC invited you to do so.
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kal_ottawa View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kal_ottawa Quote  Post ReplyReply Direct Link To This Post Posted: 29 Mar 2010 at 4:25pm
Hello abdb2000,
blackpearle is right. I do not know where did hear these things.
1. The time considered as time '0' is the day that you send the application not the day when they open it.
I do not think that you are eligible for May 31, 2010, because they look at the last 4 years. Before you got your PR the day count half and You have been outside of country during these last 4 years.
Did you try to use the Residence calculator?
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Beaver View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Beaver Quote  Post ReplyReply Direct Link To This Post Posted: 29 Mar 2010 at 4:25pm
1. blackpearl is right. RQ is short for Residence Questionnaire. Please do not believe what you have heard about applying 5 months short. The notion that the time you have waited for your case to be opened will be counted by CIC when they do look at application has no basis in fact. Make sure you have at least 1095 days of proven physical residency before you apply, otherwise your case will be dalayed even more.
 
I encourage you to give yourself 1-2 months more over your physical residence time (sign you application 1-2 months after you are eligible).
 
2. You may be referring to the Kolbe group (Toronto?), which helps prepare applicants ensure they pass their citizenship test before sending in their application. I have heard even going through Kolbe may even take longer than the usual channel. 
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kal_ottawa View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kal_ottawa Quote  Post ReplyReply Direct Link To This Post Posted: 29 Mar 2010 at 4:30pm
Beaver,
why you are are saying that it is better to sign the application 1-2 months after 1095 physical presence? Because I applied at 1097. You are scaring me!!
Thanks.
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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: 29 Mar 2010 at 4:32pm
Mostly ditto --

Foremost, for emphasis, ditto that you must fulfill the residency requirement before you can apply -- your eligibility for citizenship is dependent on your qualification for residency as of the day preceding the day you sign the application forms!. You have to have qualified on that date to obtain citizenship (things can happen after that date but before the applicant actually obtains citizenship which can disqualify the applicant, like commiting a serious criminal act, but the applicant must absolutely be qualified on the day before the date the app is signed and submitted). (well, language skills and knowledge of Canada may be obtained simply in time for the test . . . but I am referring to the technical qualifications making a person eligible to apply and become a citizen)

Timing:
Unless your absences from Canada were extensive, it really makes sense to wait until you have 1095 days of physical presence in Canada before applying. Reports on the delays suffered by those who apply based on meeting the residency test itself but without physical presence for 1095 days are quite sobering.

Obviously: if one is physically outside of Canada so frequently or for such durations that they cannot acquire 1095 days of physical presence within a four year period, they can and should apply based on meeting the residency requirement alone; recognizing, of course that these are precisely the sort of applications that will most likely be scrutinized more thoroughly and take significantly longer.

There are other scenarios in which it makes sense to apply sooner, based on residency alone and notwithstanding falling short of 1095 days of physical presence; this is, like so many things dealing with immigration and CIC, one of those "it depends" areas, with many factors to consider in deciding what is best for the particular individual.



Edited by dpenabill - 29 Mar 2010 at 4:34pm
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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mrstaycation View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mrstaycation Quote  Post ReplyReply Direct Link To This Post Posted: 29 Mar 2010 at 4:48pm
Abdb2000,
I think you didn't try to use the online residency calculator, when using it you immediately get an accurate answer whether you qualify to apply or not yet.
One piece of advice: report on it all your trips outside of Canada to avoid a RQ. Since being short of physical days of presence in Canada is a shortcut to get a RQ.
https://services3.cic.gc.ca/rescalc/resCalcStartNew.do?&lang=en
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abdb2000 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote abdb2000 Quote  Post ReplyReply Direct Link To This Post Posted: 29 Mar 2010 at 4:54pm
If I was a student and went to Germany for exchange. Attending my employer's global training program (before the start of my job) in UK. These are absences which were absolutely necessary for my degree and my work. Do you think the citizenship judge will understand that?
 
Do you guys know from people's experiences what kind of things have people been allowed to be absent from Canada for ?
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mrstaycation View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mrstaycation Quote  Post ReplyReply Direct Link To This Post Posted: 29 Mar 2010 at 5:11pm
When renewing your PR status, the days spent working for a Canadian company abroad are added as days spent in Canada. But this is absolutely not the case when you apply for citizenship, they are not accounted.

For further details read this: http://www.cic.gc.ca/english/resources/manuals/cp/cp05-eng.pdf

Originally posted by abdb2000 abdb2000 wrote:

If I was a student and went to Germany for exchange. Attending my employer's global training program (before the start of my job) in UK. These are absences which were absolutely necessary for my degree and my work. Do you think the citizenship judge will understand that?
 
Do you guys know from people's experiences what kind of things have people been allowed to be absent from Canada for ?
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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: 29 Mar 2010 at 5:13pm
It matters if you filed based on residency alone or based on having 1095 days physical presence.

Physical presence is, indeed, physical presence, and absences (for any reason) will not count toward any of those days. An application based on physical presence, if possible, is by far better and faster. So much so, it appears, that even if you have to wait to apply several months (maybe even up to nearly a year) beyond the day you could apply based on residency alone, it would be better to wait until you satisfy the 1095 days based on physical presence.

If you are applying without waiting until you have 1095 days of physical presence, then of course you must show you "resided" in Canada for at least 1095 days. Days you were absent from Canada will still count. But days you "resided" abroad will not count. While the "reason" for being abroad may be taken into account for assessing the time while abroad, more important factors include the duration abroad and whether or not you maintained your primary residence in Canada while you were abroad.

In response to the sidebar query about leaving a margin for error: Leaving a margin for error is a good idea. For the applicant who hopes to have no complications, no RQ, no hearing, and thus who has filed based on 1095 days of physical presence, how much of a margin for error the applicant should leave will largely depend on their overall travel history (or any other factor that might weaken the strength of the case). The more often a person has been outside Canada, the more of a margin for error they probably want to leave.
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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