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Citizenship-residency rule/mitigating circumstances?

Citizenship-residency rule/mitigating circumstances?

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Old Sep 20th 2011, 3:45 pm
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Default Citizenship-residency rule/mitigating circumstances?

In applying for citizenship is the residency rule strictly applied to the letter or are there mitigating circumstances? In my case I have to make essential visits twice a year (to Asia) due to unavoidable family reasons. I am absent a total of four months a year and these are my only absences. I was wondering if some allowance is made, not only in my case but in the case of others in a similar position, given that these absences are essential and not 'frivolous'. I in no way want to push to the head of the queue and if there is no other way than to respect the rule then so be it. In normal circumstances I would have been able to apply earlier this year.
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Old Sep 20th 2011, 3:59 pm
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Default Re: Citizenship-residency rule/mitigating circumstances?

Did you live in Canada before you became a PR (i.e. on a TWP)?

This is the CIC operating manual that is pertinent to your situation - http://www.cic.gc.ca/english/resourc...p/cp05-eng.pdf You can still apply for citizenship if you have been absent from Canada for 'exceptional circumstances' - whether or not a regular trip to visit family would count as 'exceptional circumstances' is another matter, but it will depend on your specific reasons for having to do so.

As an aside, I note from your previous posts that you intend to leave Canada and return to the UK permanently in early 2012, is that still the case? If so, you should be aware that even if you are eligible to apply for citizenship now, it takes around 12-18 months to obtain.

Last edited by christmasoompa; Sep 20th 2011 at 4:02 pm.
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Old Sep 20th 2011, 4:57 pm
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Default Re: Citizenship-residency rule/mitigating circumstances?

Thank you. Have sent you a PM.
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Old Sep 21st 2011, 1:52 am
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Default Re: Citizenship-residency rule/mitigating circumstances?

Understand that many people who participate on forums do not respond to PMs.

As to your general question, yes, if you are clearly living in Canada and have good reasons for absences that take you over the normal threshold, you can apply for citizenship once you have 3 years residence and plead your case to a citizenship judge. It will take longer to process your application and you might still be refused, but if it's either that or no application at all, you can try.
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Old Sep 21st 2011, 12:33 pm
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Default Re: Citizenship-residency rule/mitigating circumstances?

Thank you for your response. I don't think I have explained clearly. There is no particular problem. I am retired and have held PR for almost three years. I am not over the required residency threshold and would never be and as things are I should be able to apply for citizenship towards the end of next year and am quite content to wait until then if I have to. I had however wondered that as my absences for family reasons were considerable, but still leave me within the residency limit laid down, I could apply earlier if they were recognised as unavoidable.

I agree that PMs are not really desirable on a public forum but if people don't reply then they don't reply. I don't have a problem with that. I have sent 2 and have had replies to both.

'Christmas' has mentioned my possible return to UK planned for next year, being very helpful, drawing my attention to the fact that prior to PR residency time here counts as half and also giving me a link to a booklet on applying for citizenship.Thank you.

My planned return to UK is on hold.
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