Physical Presence Requirement for Citizenship

The questions of physical residence requirement for Canadian citizenship is one of utmost importance to those who have landed in Canada but have left for another country to pursue work or studies before becoming Canadian citizens. Except for exceptional circumstances, a citizenship applicant must have accumulated three years (1,095 days) of physical presence in Canada in the four years preceding the date of application for In other words, an applicant can be absent from Canada for up to one year, within the four-year period. In accordance with established case law, an applicant may be absent from Canada and still maintain residence for citizenship purposes in certain exceptional circumstances. The judge of the Federal Court of Canada in Muiv. Minister of Citizenship and Immigration held that: I agree in principle with some decisions of this court which, given special or exceptional circumstances, do not require physical presence in Canada for the entire 1095 days. However, it is my view, that an extended absence from Canada during the minimum period of time, albeit temporary, as in the present case, is contrary to the purpose of the residency requirements of the Act. Indeed, the Act already allows a person who has been lawfully admitted to Canada for permanent residence not to reside in Canada during one of the four years immediately preceding the date of that person's application for Canadian citizenship. Even the early Federal Court of Canada decisions on residence recognized that absences from Canada should generally be for special and temporary purposes. The much-cited Federal Court Papadogiorgakis decision, seemed to view that actual presence in Canada was required, except for short vacations or other temporary absences such as pursuing a course of study abroad (and always returning home at school breaks). In assessing whether the absences of an applicant fall within the allowable exceptions, use the following six questions as the determinative test: 1. Was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship? Example of an allowable exception: An applicant lived in Canada for three years before leaving the country for a period of several months. The applicant then returns here to permanently live in Canada and files a citizenship application at that time. 2. Where are the applicant's immediate family and dependents (and extended family) resident? Example of an allowable exception: An applicant leaves Canada for several days each month, but her mother-in-law, her husband and her children all continue to live in Canada for several days each month, but her mother-in-law, her husband and her children all continue to live in Canada while she is outside of the country. 3. Does the pattern of physical presence in Canada indicate a returning home or merely visiting the country? Example of an allowable exception: An applicant leaves Canada each month for 7 to 10 days, but stays abroad at hotels where the applicant conducts business or at the home of someone the applicant is visiting. …

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