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Old Mar 25th 2001, 7:12 am
  #1  
Werner D
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To all Experts,

It has now been 3 years since I became a landed immigrant in Canada. I downloaded the
citizenship application from the web and then I saw that the times that I was outside
of Canada - even on business - counts against me.

I am working for a Canadian company, developing Canadian products and then installing
them in Europe.

Is there a way that my employer can provide a letter to this effect and then I don't
have to qualify for the 1095 days over 4 years. At the rate we are doing business
overseas I will never be able to get 1095 days in 4 years.

Is this not a type of discrimination? Because I am a professional person in a senior
position I would not be able to get Canadian Citizenship.

Can I send my wife and children's applications without mine? I was the principle
applicant for immigration. They do have the required 1095 days in Canada.

Thanks Werner Deyzel
 
Old Mar 25th 2001, 8:08 am
  #2  
Andrew Miller
Guest
 
Posts: n/a
Default

Werner,

If you are living in Canada and working for Canadian company, being occasionally sent
abroad to oversee installation of your employer's product then citizenship judge will
take it into account when making a determination. But if you live abroad for several
months at a time it may be difficult to justify such absence.

Your wife and children may apply without you, as soon as they meet residency
requirement.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending an email)
________________________________

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Old Mar 25th 2001, 9:01 am
  #3  
Stephen C. Gallagher
Guest
 
Posts: n/a
Default

    >
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the
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Can you tell us exactly how many days you've been outside Canada since you landed?
Depending upon how many days they are, you may still be eligible for citizenship.

Keep in mind that when you count days away from Canada, you don't count the day you
left or the day you arrived back. Any day where you were in Canada for any part of
that day, counts toward being in Canada.

That being said, the citizenship laws only require 1095 days of residency, not
literal physical presence in Canada. If you have 1095 days or more (in a 4 year
period) of physical presence you do meet this requirement. If you don't have that
many days of presence in Canada, you can be approved for citizenship depending on how
many days you were away. In your case, the fact that your wife and children were in
Canada during this period, and that you have a Canadian employer, are good indicators
that you are a legitimate resident of Canada.

If the number of days that you were out of Canada is reasonable, then your
application can be approved, but it will have to go in front of a citizenship judge.

Are you talking about being out of Canada for 90 days over three years, 200
days, how many?

    >
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then
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Depending on how many days you were away, a letter from your Canadian employer could
help persuade a citizenship judge to approve your request. You might also want to
include a note that your wife and children remained in Canada and that you maintained
a home here.

    >
    >
in
    >

Yes, your wife and children can apply without you.

Stephen Gallagher
 
Old Mar 25th 2001, 9:45 am
  #4  
Werner D
Guest
 
Posts: n/a
Default

In the last 3 years I was away from Canada approximately 150 days. (15 of those days
were for vacation the remainder all for business) I will however be away at least
10-14 days per month for the next year or so. That is why it is so important to me to
get the application in before this new travel starts in May. In the time that I was
away my family did remain in Canada. I do own property and does not intend living
anywhere else.

Thanks for you reply

Werner Deyzel

[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > It has now been 3 years since I became a landed immigrant in Canada. I downloaded[/usenetquote2]
[usenetquote2]> > the citizenship application from the web and then I saw that[/usenetquote2]
    >
[usenetquote2]> > times that I was outside of Canada - even on business - counts against[/usenetquote2]
me.
[usenetquote2]> >[/usenetquote2]
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[usenetquote2]> > I am working for a Canadian company, developing Canadian products and[/usenetquote2]
then
[usenetquote2]> > installing them in Europe.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Is there a way that my employer can provide a letter to this effect and[/usenetquote2]
    >
[usenetquote2]> > I don't have to qualify for the 1095 days over 4 years.[/usenetquote2]
    >
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[usenetquote2]> > Can I send my wife and children's applications without mine? I was the principle[/usenetquote2]
[usenetquote2]> > applicant for immigration. They do have the required 1095 days[/usenetquote2]
    >
[usenetquote2]> > Canada.[/usenetquote2]
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Old Mar 25th 2001, 10:43 am
  #5  
Andrew Miller
Guest
 
Posts: n/a
Default

With 150 days missing your application may not even get to the judge - it may be
returned to you from Sydney without further processing. But is you will be out of
Canada for 10 - 14 days per month in the near future then you will still be able to
accumulate those missing 150 days before 4 years from your landing lapses. I would
suggest accumulating days of residence as close as possible to the end of 4 years
period and then to apply, even with 10 - 50 days still missing.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending an email)
________________________________

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[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > It has now been 3 years since I became a landed immigrant in Canada. I[/usenetquote2]
[usenetquote2]> > > downloaded the citizenship application from the web and then I saw that[/usenetquote2]
[usenetquote2]> > the[/usenetquote2]
[usenetquote2]> > > times that I was outside of Canada - even on business - counts against[/usenetquote2]
    >
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Can you tell us exactly how many days you've been outside Canada since you[/usenetquote2]
[usenetquote2]> > landed? Depending upon how many days they are, you may still be eligible for[/usenetquote2]
[usenetquote2]> > citizenship.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Keep in mind that when you count days away from Canada, you don't count the day[/usenetquote2]
[usenetquote2]> > you left or the day you arrived back. Any day where you were in Canada for any[/usenetquote2]
[usenetquote2]> > part of that day, counts toward being in Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > That being said, the citizenship laws only require 1095 days of residency, not[/usenetquote2]
[usenetquote2]> > literal physical presence in Canada. If you have 1095 days or more (in a 4 year[/usenetquote2]
[usenetquote2]> > period) of physical presence you do meet this requirement. If you don't have that[/usenetquote2]
[usenetquote2]> > many days of presence in Canada, you can be approved for citizenship depending on[/usenetquote2]
[usenetquote2]> > how many days you were away. In your case, the fact that your wife and children[/usenetquote2]
[usenetquote2]> > were in Canada during this period, and that you have a Canadian employer, are[/usenetquote2]
[usenetquote2]> > good indicators that you are a legitimate resident of Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > If the number of days that you were out of Canada is reasonable, then your[/usenetquote2]
[usenetquote2]> > application can be approved, but it will have to go in front of a citizenship[/usenetquote2]
[usenetquote2]> > judge.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Are you talking about being out of Canada for 90 days over three years, 200 days,[/usenetquote2]
[usenetquote2]> > how many?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > I am working for a Canadian company, developing Canadian products and[/usenetquote2]
    >
[usenetquote2]> > > installing them in Europe.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Is there a way that my employer can provide a letter to this effect and[/usenetquote2]
[usenetquote2]> > then[/usenetquote2]
[usenetquote2]> > > I don't have to qualify for the 1095 days over 4 years.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Depending on how many days you were away, a letter from your Canadian employer[/usenetquote2]
[usenetquote2]> > could help persuade a citizenship judge to approve your request. You might also[/usenetquote2]
[usenetquote2]> > want to include a note that your wife and children remained in Canada and that[/usenetquote2]
[usenetquote2]> > you maintained a home here.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Can I send my wife and children's applications without mine? I was the[/usenetquote2]
[usenetquote2]> > > principle applicant for immigration. They do have the required 1095 days[/usenetquote2]
[usenetquote2]> > in[/usenetquote2]
[usenetquote2]> > > Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Yes, your wife and children can apply without you.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Stephen Gallagher[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Mar 26th 2001, 3:50 am
  #6  
David Cohen
Guest
 
Posts: n/a
Default

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The time that you have spent abroad working for a Canadian employer may be assessed
towards your citizenship application. Documentation from your employer should
facilitate this. This decision is determined at the discretion of the presiding
official. Additional information on this topic may be found at Campbell, Cohen's web
site at the following URL:

http://canadavisa.com/documents/citpol.htm
________
CAMPBELL, COHEN - attorneys at law [email protected] http://canadavisa.com

Online Community: http://canadavisa.com/community
 
Old Mar 28th 2001, 2:05 pm
  #7  
A.H.
Guest
 
Posts: n/a
Default

What is the big deal? Just apply and provide any supporting documentation
(e.g. note from Employer). I was in a similar situation, only I had spent much of one
year studying in the US. If you do not meet 3 years of physical residency, you
will most likely need to have an interview with a citizenship judge. It's more
or less at the judge's discretion to determine if you qualify...you can plead
your case and chances are that they will be sympathetic. At worst, you will be
denied and you can always apply again.

    >
    >
however
    >
    >
    >
    >
    >
    >
    >
    >
    >

[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > It has now been 3 years since I became a landed immigrant in Canada. I[/usenetquote2]
[usenetquote2]> > > downloaded the citizenship application from the web and then I saw[/usenetquote2]
that
[usenetquote2]> > the[/usenetquote2]
[usenetquote2]> > > times that I was outside of Canada - even on business - counts against[/usenetquote2]
    >
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Can you tell us exactly how many days you've been outside Canada since you[/usenetquote2]
[usenetquote2]> > landed? Depending upon how many days they are, you may still be eligible for[/usenetquote2]
[usenetquote2]> > citizenship.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Keep in mind that when you count days away from Canada, you don't count the day[/usenetquote2]
[usenetquote2]> > you left or the day you arrived back. Any day where you were in Canada for any[/usenetquote2]
[usenetquote2]> > part of that day, counts toward being in Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > That being said, the citizenship laws only require 1095 days of residency, not[/usenetquote2]
[usenetquote2]> > literal physical presence in Canada. If you have 1095 days or more (in a 4 year[/usenetquote2]
[usenetquote2]> > period) of physical presence you do meet this requirement. If you don't have that[/usenetquote2]
[usenetquote2]> > many days of presence in Canada, you can be approved for citizenship depending on[/usenetquote2]
[usenetquote2]> > how many days you were away. In your case, the fact that your wife and children[/usenetquote2]
[usenetquote2]> > were in Canada during this period, and that you have a Canadian employer, are[/usenetquote2]
[usenetquote2]> > good indicators that you are a legitimate resident of Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > If the number of days that you were out of Canada is reasonable, then your[/usenetquote2]
[usenetquote2]> > application can be approved, but it will have to go in front of a citizenship[/usenetquote2]
[usenetquote2]> > judge.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Are you talking about being out of Canada for 90 days over three years, 200 days,[/usenetquote2]
[usenetquote2]> > how many?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > I am working for a Canadian company, developing Canadian products and[/usenetquote2]
    >
[usenetquote2]> > > installing them in Europe.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Is there a way that my employer can provide a letter to this effect[/usenetquote2]
and
[usenetquote2]> > then[/usenetquote2]
[usenetquote2]> > > I don't have to qualify for the 1095 days over 4 years.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Depending on how many days you were away, a letter from your Canadian employer[/usenetquote2]
[usenetquote2]> > could help persuade a citizenship judge to approve your request. You might also[/usenetquote2]
[usenetquote2]> > want to include a note that your wife and children remained in Canada and that[/usenetquote2]
[usenetquote2]> > you maintained a home here.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Can I send my wife and children's applications without mine? I was the[/usenetquote2]
[usenetquote2]> > > principle applicant for immigration. They do have the required 1095[/usenetquote2]
days
[usenetquote2]> > in[/usenetquote2]
[usenetquote2]> > > Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Yes, your wife and children can apply without you.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Stephen Gallagher[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Jan 26th 2003, 2:18 pm
  #8  
Just Joined
 
Joined: Jan 2003
Location: WIndies
Posts: 8
flybywire00 is an unknown quantity at this point
Default Immigration Judge

[

Hi ,
Can you give any details with the Judge
rgds
flybywire00


QUOTE]Originally posted by A.H.
What is the big deal? Just apply and provide any supporting documentation
(e.g. note from Employer). I was in a similar situation, only I had spent much of one
year studying in the US. If you do not meet 3 years of physical residency, you
will most likely need to have an interview with a citizenship judge. It's more
or less at the judge's discretion to determine if you qualify...you can plead
your case and chances are that they will be sympathetic. At worst, you will be
denied and you can always apply again.

    >
    >
however
    >
    >
    >
    >
    >
    >
    >
    >
    >

[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > It has now been 3 years since I became a landed immigrant in Canada. I[/usenetquote2]
[usenetquote2]> > > downloaded the citizenship application from the web and then I saw[/usenetquote2]
that
[usenetquote2]> > the[/usenetquote2]
[usenetquote2]> > > times that I was outside of Canada - even on business - counts against[/usenetquote2]
    >
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Can you tell us exactly how many days you've been outside Canada since you[/usenetquote2]
[usenetquote2]> > landed? Depending upon how many days they are, you may still be eligible for[/usenetquote2]
[usenetquote2]> > citizenship.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Keep in mind that when you count days away from Canada, you don't count the day[/usenetquote2]
[usenetquote2]> > you left or the day you arrived back. Any day where you were in Canada for any[/usenetquote2]
[usenetquote2]> > part of that day, counts toward being in Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > That being said, the citizenship laws only require 1095 days of residency, not[/usenetquote2]
[usenetquote2]> > literal physical presence in Canada. If you have 1095 days or more (in a 4 year[/usenetquote2]
[usenetquote2]> > period) of physical presence you do meet this requirement. If you don't have that[/usenetquote2]
[usenetquote2]> > many days of presence in Canada, you can be approved for citizenship depending on[/usenetquote2]
[usenetquote2]> > how many days you were away. In your case, the fact that your wife and children[/usenetquote2]
[usenetquote2]> > were in Canada during this period, and that you have a Canadian employer, are[/usenetquote2]
[usenetquote2]> > good indicators that you are a legitimate resident of Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > If the number of days that you were out of Canada is reasonable, then your[/usenetquote2]
[usenetquote2]> > application can be approved, but it will have to go in front of a citizenship[/usenetquote2]
[usenetquote2]> > judge.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Are you talking about being out of Canada for 90 days over three years, 200 days,[/usenetquote2]
[usenetquote2]> > how many?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > I am working for a Canadian company, developing Canadian products and[/usenetquote2]
    >
[usenetquote2]> > > installing them in Europe.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Is there a way that my employer can provide a letter to this effect[/usenetquote2]
and
[usenetquote2]> > then[/usenetquote2]
[usenetquote2]> > > I don't have to qualify for the 1095 days over 4 years.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Depending on how many days you were away, a letter from your Canadian employer[/usenetquote2]
[usenetquote2]> > could help persuade a citizenship judge to approve your request. You might also[/usenetquote2]
[usenetquote2]> > want to include a note that your wife and children remained in Canada and that[/usenetquote2]
[usenetquote2]> > you maintained a home here.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Can I send my wife and children's applications without mine? I was the[/usenetquote2]
[usenetquote2]> > > principle applicant for immigration. They do have the required 1095[/usenetquote2]
days
[usenetquote2]> > in[/usenetquote2]
[usenetquote2]> > > Canada.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Yes, your wife and children can apply without you.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Stephen Gallagher[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2] [/QUOTE]
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