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I asked a similar question before but still want to ask again since theanswers I

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Post time 2013-6-24 12:30:48 | Show all posts |Read mode
Guindo v.

Nevertheless, it seems to me that the extra time, expense, and stress
involved in applying based on the court rulings, being turned down by
CIC, and mounting a (possibly successful) court battle isn't worth it.
nbsp;Regarding whether Canadian residence for citizenship application
nbsp;purposes requires a full three years (1,095 days) of physical presence
nbsp;in Canada -- as opposed to just having ties to Canada -- see the
nbsp;following which I posted last week on this subject:
nbsp;
nbsp;
nbsp;
nbsp;Rich Wales richw@richw.

nbsp;gt;Subject: Re: maintain residence for citizenship
nbsp;gt;From: S B s_brook.My comments are for discussion purposes only and
nbsp;gt;are not intended to be relied upon as legal or professional advice.

FWIW Australia has a 2/5 requirement for citizenship, but there is an
additional requirement for 12 months in the 2 years preceding
application.

Rich Wales richw@richw.
nbsp;UNder the present law it is not physical presence.

You may also want to look at the Federal Court of Canada website.
nbsp;Regarding whether Canadian residence for citizenship application
nbsp;purposes requires a full three years (1,095 days) of physical presence
nbsp;in Canada -- as opposed to just having ties to Canada -- see the
nbsp;following which I posted last week on this subject:
nbsp;gt;
nbsp;gt;

nbsp;gt;
nbsp;Rich Wales richw@richw.Just one of the things
nbsp;gt;that was supposed to be reduced with the new laws.org (Rich Wales) wrote in message news:.Just one of the things
nbsp;gt;that was supposed to be reduced with the new laws.canada.ca/fct/ and search for citizenship
decisions.

This is not intended to be legal advice in any jurisdiction

richw@richw.Otherwise, it's best to wait until the 1095 day requirement is
met and apply then.att.

I tried the link Ashley gave, and while it was difficult to find cit-
izenship cases amidst what were mostly immigration and refugee cases,
I did manage to find the following:

Ali v.
nbsp;UNder the present law it is not physical presence.here.gc.

I'm sure there are other, similar cases to be found.My comments are for discussion purposes only and
nbsp;are not intended to be relied upon as legal or professional advice.
nbsp;I asked a similar question before but still want to ask again since the
nbsp;answers I got were not consistent.However,
in each case, the court recognized that (based on earlier rulings)
it was indeed possible for an applicant for citizenship to establish
residence in Canada, sufficient to satisfy the requirements of the
Citizenship Act, without having to spend a full 1,095 days of literal,
physical presence on Canadian soil.ca/sino/srch. The lady told me that the days COULD be counted
if I can maintain my ties to Canada, such as paying income tax, keeping bank
account and driver license, storing furnitures while away, coming back to
Canada often, etc.However, just
to make sure there is no misunderstanding, I am =not= suggesting that
people routinely ought to ignore CIC's position and apply for citi-
zenship without a full 1,095 days of literal, physical presence in
Canada, simply because the statute and the courts seem to say it's OK.
nbsp;I came to Canada in 1999 and became a landed immigrant in May 2nd, 2002.

Although the new Bill does impose a stricter test of physical
presence, it widens the window to 6 years rather than 4 which will
help many people in this position.IMO part of the reason there
are so many Canadian PRs in the US can be traced to inappropriate
selection criteria to begin with.org localhost/ I've lived in both Canada and the US and have dual citizenship. By
today (May 1st), I have accumulated exactly 2 years toward citizenship.

PMM

pkjmet@echo-on.
*DISCLAIMER:I am not a lawyer, professional immigration consultant,or consular officer.The system seems to
work well. So based on this information, my understanding is that
I
nbsp;can apply citizenship in May 2nd 2004 if I follow those suggestions.
nbsp;and check out recent court decisions.
However, today I went to the office of citizenship and immigration Canada
and asked the same question.

This is not intended to be legal advice in any jurisdiction

Ashley Watson wrote:
Just to give you a helping hand, try this link which shows decisions rendered.Some are very similar to what you are asking and explain quite clearly that your studying outside Canada will not count towards your citizenship.Some are very similar to what you are asking and explain
quite clearly that your studying outside Canada will not count towards
your citizenship.gc.
nbsp;and check out recent court decisions.

localhost/decisions.0305020443.
nbsp;gt;Simply waiting a little longer before filing the application would
nbsp;gt;probably, I'd imagine, be a far more efficient and speedy course of
nbsp;gt;action in most cases.What a loser.

JAJ wrote:

nbsp;Although the new Bill does impose a stricter test of physical
nbsp;presence, it widens the window to 6 years rather than 4 which will
nbsp;help many people in this position.My comments are for discussion purposes only andare not intended to be relied upon as legal or professional advice.
By
nbsp;today (May 1st), I have accumulated exactly 2 years toward citizenship. I
want
nbsp;to get some confirmation from the lawyers here.
nbsp;richw@richw. The information was more in the line of maintaining permanent
residence under the previous Immigration Act, rather than citizenship.
nbsp;gt;*DISCLAIMER:I am not a lawyer, professional immigration consultant,
nbsp;or consular officer.
nbsp;
nbsp;Jim Metcalfe

Just to give you a helping hand, try this link which shows decicions
rendered.for.pl?language=ennumhits=20method=allquery=citizenship+and+residencecontext=fulldatabase=en

Ashley Watson

The problem is that if you want to remove all scope for discretion on
physical presence, the window needs to be wider than 3/4 as otherwise
some people working quite legitimately for Canadian businesses that
require them to travel a lot may have real difficulty getting
citizenship. The lady told me that the days COULD be
counted
nbsp;if I can maintain my ties to Canada, such as paying income tax, keeping
bank
nbsp;account and driver license, storing furnitures while away, coming back to
nbsp;Canada often, etc. more opportunities for people to keep CDN get PR and
nbsp;gt;citizenship while going to the US on H1Bs etc.

Jeremy

nbsp;gt;On Sat, 3 May 2003 04:33:54 +0000 (UTC), richw@richw.fct-cf.org (Rich Wales) wrote:
nbsp;gt;Nevertheless, it seems to me that the extra time, expense, and stress
nbsp;gt;involved in applying based on the court rulings, being turned down by
nbsp;gt;CIC, and mounting a (possibly successful) court battle isn't worth it.
nbsp;
nbsp;You may also want to look at the Federal Court of Canada website. Inwould say you got good advice fronm the Citizenship office.

Stuart can't win.
nbsp;richw@richw.com.My comments are for discussion purposes only and
nbsp;gt;are not intended to be relied upon as legal or professional advice.nothere@not.org localhost/*NOTE:I've lived in both Canada and the US and have dual citizenship.

There is still a requirement to live in Canada for three years to
obtain citizenship.Just my 2c worth.
nbsp;gt;Rich Wales richw@richw. I asked the question that
nbsp;whether the days I live in US could be counted and got negative answers.

Jeremy

nbsp;gt;On Sat, 03 May 2003 14:42:01 GMT, S Bwrote:
nbsp;gt;JAJ wrote:
nbsp;gt;Although the new Bill does impose a stricter test of physical
nbsp;gt;presence, it widens the window to 6 years rather than 4 which will
nbsp;gt;help many people in this position.
nbsp;
nbsp;Jeremy

Oh great .
nbsp;*DISCLAIMER:I am not a lawyer, professional immigration consultant,
nbsp;gt;or consular officer.They usually demand days physically present, there is
some scope for discretion, but not very much.Just one of the things
that was supposed to be reduced with the new laws.
nbsp;*DISCLAIMER:I am not a lawyer, professional immigration consultant,
nbsp;gt;or consular officer.
UNder the present law it is not physical presence.

Rich
If someone has good reasons for being outside Canada, AND they are
confident their PR status is secure, AND there is no chance they will
meet the 1095 day requirement in the next year, then it might be worth
an application to CIC for citizenship and seeing how things go.My comments are for discussion purposes only and
nbsp;gt;are not intended to be relied upon as legal or professional advice.ca
nbsp;gt;Date: 5/3/03 11:42 AM Atlantic Daylight Time
nbsp;gt;Message-id:
nbsp;gt;JAJ wrote:
nbsp;gt;Although the new Bill does impose a stricter test of physical
nbsp;gt;presence, it widens the window to 6 years rather than 4 which will
nbsp;gt;help many people in this position.I asked a similar question before but still want to ask again since the
answers I got were not consistent.
nbsp;Thanks very much!
nbsp;Fuchun

Sorry, but it is physical presence in Canada, not ties to Canada for
Citizenship.

Only time will tell if the IRPA is more successful than the previous
legislation in selecting migrants whose skills and experience fit
easily into the Canadian labour market.
*DISCLAIMER:I am not a lawyer, professional immigration consultant,or consular officer.
nbsp;*DISCLAIMER:I am not a lawyer, professional immigration consultant,
nbsp;gt;or consular officer. I
nbsp;will move to US for a postdoc soon and I want to maintain my residence and
nbsp;count the days I live in US toward citizenship. Canada (Minister of Citizenship and Immigration, 2002 FCT 65.

In both of the above cases, the appellants' requests to have denials
of their citizenship applications overturned were refused.

PMM

Regarding whether Canadian residence for citizenship application
purposes requires a full three years (1,095 days) of physical presence
in Canada -- as opposed to just having ties to Canada -- see the
following which I posted last week on this subject:
Rich Wales richw@richw.

Jim Metcalfe

Hi Jim
wrote in message
news:9057fa3.

It would be worth hiring an expert to assist with this application
too.org localhost/*NOTE:I've lived in both Canada and the US and have dual citizenship.fct-cf.

Thanks very much!

Fuchun

Hi Fuchun

Fuchun Pengwrote in message
news:mVfsa.
nbsp;gt;
nbsp;gt;Jeremy
nbsp;gt;Oh great .14609$NX1.
nbsp;Regarding whether Canadian residence for citizenship application
nbsp;purposes requires a full three years (1,095 days) of physical presence
nbsp;in Canada -- as opposed to just having ties to Canada -- see the
nbsp;following which I posted last week on this subject:
nbsp;
nbsp;
nbsp;
nbsp;Rich Wales richw@richw. I
will move to US for a postdoc soon and I want to maintain my residence and
count the days I live in US toward citizenship. There are precedents
nbsp;there.1db3229d@posting.org localhost/ I've lived in both Canada and the US and have dual citizenship. There are precedents
nbsp;there. Inwould say you got good advice fronm the Citizenship office.

I came to Canada in 1999 and became a landed immigrant in May 2nd, 2002.My comments are for discussion purposes only andare not intended to be relied upon as legal or professional advice.org localhost/*NOTE:I've lived in both Canada and the US and have dual citizenship.bellglobal.org localhost/ I've lived in both Canada and the US and have dual citizenship.com.
nbsp;You may also want to look at the Federal Court of Canada website. I asked the question that
whether the days I live in US could be counted and got negative answers.
and check out recent court decisions. There are precedents
there.
nbsp;gt;
nbsp;gt;Jeremy
nbsp;gt;Oh great .net wrote in message news:.617804@news20.
Simply waiting a little longer before filing the application would
probably, I'd imagine, be a far more efficient and speedy course of
action in most cases. So based on this information, my understanding is that I
can apply citizenship in May 2nd 2004 if I follow those suggestions.spam.
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