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Citizenship application in front of a Judge ?

Citizenship application in front of a Judge ?

Old Sep 2nd 2013, 11:21 pm
  #1  
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Default Citizenship application in front of a Judge ?

Can someone point me in the right direction. I have lived in Canada as a permanent resident for the last 4 years now. I will never qualify for citizenship under the time residing in Canada rule as my wife and I travel for 5 months of the year. We own our property here, I pay my taxes here and 95% of all my investments are here.

I remember seeing a thread that said I can put forward an application in front of a judge. Is this a special form ? I can't find any mention of it on the CIC website or on here.

Would a Service Canada office be of any assistance ?
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Old Sep 2nd 2013, 11:32 pm
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Default Re: Citizenship application in front of a Judge ?

Originally Posted by badab1ng
Can someone point me in the right direction. I have lived in Canada as a permanent resident for the last 4 years now. I will never qualify for citizenship under the time residing in Canada rule as my wife and I travel for 5 months of the year. We own our property here, I pay my taxes here and 95% of all my investments are here.

I remember seeing a thread that said I can put forward an application in front of a judge. Is this a special form ? I can't find any mention of it on the CIC website or on here.

Would a Service Canada office be of any assistance ?
I would be calling the CIC call centre 1 888 242 2100 and asking to speak to someone regarding the citizenship judge deciding on meeting residency time criteria.
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Old Sep 2nd 2013, 11:35 pm
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Default Re: Citizenship application in front of a Judge ?

Originally Posted by badab1ng
Can someone point me in the right direction. I have lived in Canada as a permanent resident for the last 4 years now. I will never qualify for citizenship under the time residing in Canada rule as my wife and I travel for 5 months of the year. We own our property here, I pay my taxes here and 95% of all my investments are here.

I remember seeing a thread that said I can put forward an application in front of a judge. Is this a special form ? I can't find any mention of it on the CIC website or on here.

Would a Service Canada office be of any assistance ?
http://www.cic.gc.ca/english/resourc...p/cp05-eng.pdf

Is it this?

Section 1:6.1

1.6.1 Basic residence not met
Applicants must meet the residence requirement the day BEFORE filing for citizenship. Applications which are signed or submitted by clients in error, before they have accumulated the minimum amount of time as a Permanent Resident, are returned to the client by CPC-Sydney. CPC-S returns the application with the complete fee and a letter advising the client he or she has not submitted satisfactory evidence that they have been a Permanent Resident for the required amount of time.

In cases where a client insists on filing an application without evidence of meeting the requirement under 5(1)(c), the fee must be collected and the application is referred to a judge for a personal interview. There is no refund of the processing fee where an application is processed through to the hearing stage.

I would suggest reading sections 5:6 onwards too.

You may indeed have difficulties as you are out of the country for 5 months of the year. I can't offer any advice as to how you would get around this, sorry!

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Old Sep 3rd 2013, 1:52 am
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Default Re: Citizenship application in front of a Judge ?

Originally Posted by badab1ng
Can someone point me in the right direction. I have lived in Canada as a permanent resident for the last 4 years now. I will never qualify for citizenship under the time residing in Canada rule as my wife and I travel for 5 months of the year. We own our property here, I pay my taxes here and 95% of all my investments are here.

I remember seeing a thread that said I can put forward an application in front of a judge. Is this a special form ? I can't find any mention of it on the CIC website or on here.

Would a Service Canada office be of any assistance ?
If you have to travel as part of your work, then this may be considered. I was out of Canada more than in due to work, without travel I could not have worked. Family in Canada most of the time when I was away. Took a bit of effort, but it went through.

If you travel by choice, I doubt you will get very far as the residency requirements are clear. If travel is recreational, stay within Canada until you get citizenship.
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