creative_vibes

Hello All

I am a Canadian Citizen and my wife is a Canadian Permanent Resident (and a US citizen).

Brief History:
-We got married (civil ceremony) while she was visiting me in Canada in 2003
-While we were preparing to file for her PR status (applied in Mid 2004, received in end of 2004), she spent considerable time periods (3-4 months at a time) in Canada.

We applied for her Canadian citizenship back in March 2008. We used the residency calculator (from the Govt. /Citizenship website). We included some of the time she spent in Canada (as a visitor) as half time towards the residency.

We received a case number etc. from the Citizenship office (CPC Sydney, NS) and even the booklet to read for the Citizenship exam.

We have recently been asked to fill in a residency questionnaire and provide evidence of Residence for 4 years preceeding the date of the application.

We have recently heard from someone that we should not have included the time she was here as a visitor. Is this true? If we were to not include her time as a visitor here, she would be short 70 days.

More importantly, should we now withdraw the application and file afresh? (and thus save ourselves some wait time for round 2)
or
Should we send in all the information that has been requested and wait and see?

If someone could share their insight on the topic, it will be much appreciated.

Regards
Kev

iaink

Time spent before PR does count as half value, but you can still only go back 4 years from the application, so best case you can get citizenship after two years of PR and Two years before PR...as long as you never left the country...which as a visitor rather than a temporary resident is not really possible.

Send the info requested to CIC and see what happens.

Novocastrian

I'm not an expert, but I think that if your wife didn't have some sort of work visa prior to PR, then time spent as a visitor doesn't count. Unless there's a pressing reason to do otherwise, I would wait a couple of months and reapply.

Novocastrian

Conflicting opinions Iain, what's new? Time on TWP etc counts as half, but as a visitor?

iaink

The CIC blurb does not specify, it just says "Time spent in Canada before PR"

Obviously on work permit that's going to likely be more time than the 6 months or so that a visitor can (in theory) stay.

When I applied for citizenship I don't recall offering any evidence of my status before PR, copies of a work permit or anything like that... But I could be wrong.

But if CIC are asking for info, then send the info, if anyone knows the rules its them, right?

creative_vibes

Thanks for all your replies. Just wanted to clarify some details:

When my wife was a "visitor" she stayed for 4 months at one time, and 3 months the second time with a 3 month interval (when she went back to the US). At no time did we exceed the stipulated 6 month period for visitors.

Also, the time period we are using is really 140 days ~= 4 months (considered as half days = 70 days) towards the residency.

(I would like to say that had the CIC residence calculator been specific in suggesting that time-as-a-visitor was not to be counted, we would've just waited (and not have wasted the 6 months waiting since applying). But that is besides the point and a hindsight 20-20-and-all-that.)

Regards
Kev

neill

I seem to remember that in the application you had to specify the number of days on a calculator sheet. It's all really down to the judge at the end of the day. If you are just a few days short and the application went through, come the time to sit in front of the judge it's their discretion. If you appear to be well settled in Canada they'll most likely overlook it. (I don't know this; its just my opinion).

A citizenship judge can deny your citizenship even if you surpass the number of days, if they believe you won't be residing in Canada. it's not so black and white.

Novocastrian

Maybe you should ask a mod to move this to the immigration forum where it is more likely to be noticed by someone who can give a definitive reply.

Ron Liberman

I do not think in your case that there is a problem.

It is true that there is often no definitive reply in Citizenship matters, because the Citizenship Act does not define what constitutes "residence". As long as the Citizenship judge follows an established decision as to what constitutes residence (and there are conflicting decisions) and gives valid reasoning as to why the rules mean that someone qualifies or does not qualify, the judge's decision is considered valid.

In this case though, I do not expect you will even have to see a Citizenship Judge.

Section 5(c) of the Citizenship Act states:

"i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and

(ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence;"

So there you have it: this is the reason the 50 percent of the time your wife spent as a visitor does count towards her citizenship according to CIC's usual rules.

Since you are a Canadian citizen, even if this were to go to a Citizenship Judge, because your wife has been living with you, and has spent considerable time in Canada, my bet is the decision would be in your favour anyway.

The answer to your question therefore is to send in the information CIC is requesting, and in all probability everything will be fine.