Hello Mr. Miller,

This is Henrik. I finally have a question for you:)...My family landed in March 2000
and we've been in Canada since, however each year we take two weeks vacation time out
side of Canada. How do we then calculate the total days since we became Canadian PRs?
Do those 2 weeks on vacatin each year to count as absent? If they do, does it mean
that we can start to apply for citizenship in around May 2003??

Thanks very much!

Yes any time out of Canada - whether it is business or vacation should not be
counted.

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Yes, time spent outside Canada on vacations counts as days of absence, so you cannot
count them as days of residency in Canada.

--

../..

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

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The current citizenship legislation requires that you be landed for 1095 days before
you can apply for citizenship and if you apply before that time they will return the
application. However, you do not have to worry about short absences as the officers
and the citizenship judges have discretion with respect to your centralized mode of
living. I have submitted cases where the person, for legitimate reasons has been out
of Canada for more than 100 days in 3 year period preceding the application and still
were granted citizenship. The issue is that you must have been landed for 1095 days,
you do not have to have spent the entire period physically present in Canada. The
decision as to what is reasonable rests with the judge and they have a 'detailed
questionnaire' that must be filled out and returned to the department to assist the
citizenship judge in making a determination. Ron Beirnes
R.B. Global Immigration Consultants Ltd. 1540-1100 Melville St. Vancouver, BC V6E 4A6
Phone (604) 688-3081 fax 688-3015 email [email protected] Webb page
http://www3.telus.net/rbglobal

Ron But if there have only been short absences from Canada wouldn't it make things
simpler to clock up the full 1095 days and then apply?

An application with slightly less than 1095 days may well get approved, but as it's
by definition more complex, won't it risk taking longer to process than the person
would have waited by applying with the full 1095 days physical presence?

Out of interest, does anyone know what's the status of Bill C-16 to change the
Citizenship Act?

Jeremy

    >
[usenetquote2]>>Hello Mr. Miller,[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>This is Henrik. I finally have a question for you:)...My family landed in March[/usenetquote2]
[usenetquote2]>>2000 and we've been in Canada since, however each year we take two weeks vacation[/usenetquote2]
[usenetquote2]>>time out side of Canada. How do we then calculate the total days since we became[/usenetquote2]
[usenetquote2]>>Canadian PRs? Do those 2 weeks on vacatin each year to count as absent? If they do,[/usenetquote2]
[usenetquote2]>>does it mean that we can start to apply for citizenship in around May 2003??[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Thanks very much![/usenetquote2]
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Bill C-16 died in 2000, together with Immigration Act (then Bill C-31) and all other
bills when election was called. Later in February 2001 Immigration Act as Bill C-11
was tabled in new Parliament and passed as of November 1st. So far new Citizenship
Act in any form has not been introduced yet.

And you are absolutely right about accumulating 1,095 days - it is not worth rushing
with the application few weeks short of 1,095 days as the delay in the process caused
by such residency days shortage may be way longer than waiting those few more weeks
before applying.

--

../..

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

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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >>Hello Mr. Miller,[/usenetquote2]
[usenetquote2]> >>[/usenetquote2]
[usenetquote2]> >>This is Henrik. I finally have a question for you:)...My family landed in March[/usenetquote2]
[usenetquote2]> >>2000 and we've been in Canada since, however each year we take two weeks vacation[/usenetquote2]
[usenetquote2]> >>time out side of Canada. How do we then calculate the total days since we became[/usenetquote2]
[usenetquote2]> >>Canadian PRs? Do those 2 weeks on vacatin each year to count as absent? If they[/usenetquote2]
[usenetquote2]> >>do, does it mean that we can start to apply for citizenship in around May 2003??[/usenetquote2]
[usenetquote2]> >>[/usenetquote2]
[usenetquote2]> >>Thanks very much![/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >The current citizenship legislation requires that you be landed for 1095 days[/usenetquote2]
[usenetquote2]> >before you can apply for citizenship and if you apply before that time they will[/usenetquote2]
[usenetquote2]> >return the application. However, you do not have to worry about short absences as[/usenetquote2]
[usenetquote2]> >the officers and the citizenship judges have discretion with respect to your[/usenetquote2]
[usenetquote2]> >centralized mode of living. I have submitted cases where the person, for[/usenetquote2]
[usenetquote2]> >legitimate reasons has been out of Canada for more than 100 days in 3 year period[/usenetquote2]
[usenetquote2]> >preceding the application and still were granted citizenship. The issue is that[/usenetquote2]
[usenetquote2]> >you must have been landed for 1095 days, you do not have to have spent the entire[/usenetquote2]
[usenetquote2]> >period physically present in Canada. The decision as to what is reasonable rests[/usenetquote2]
[usenetquote2]> >with the judge and they have a 'detailed questionnaire' that must be filled out[/usenetquote2]
[usenetquote2]> >and returned to the department to assist the citizenship judge in making a[/usenetquote2]
[usenetquote2]> >determination. Ron Beirnes[/usenetquote2]
[usenetquote2]> >R.B. Global Immigration Consultants Ltd. 1540-1100 Melville St. Vancouver, BC V6E[/usenetquote2]
[usenetquote2]> > 4A6 Phone (604) 688-3081 fax 688-3015 email [email protected] Webb page[/usenetquote2]
[usenetquote2]> > http://www3.telus.net/rbglobal[/usenetquote2]

[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>>Hello Mr. Miller,[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>This is Henrik. I finally have a question for you:)...My family landed in March[/usenetquote2]
[usenetquote2]>>>2000 and we've been in Canada since, however each year we take two weeks vacation[/usenetquote2]
[usenetquote2]>>>time out side of Canada. How do we then calculate the total days since we became[/usenetquote2]
[usenetquote2]>>>Canadian PRs? Do those 2 weeks on vacatin each year to count as absent? If they[/usenetquote2]
[usenetquote2]>>>do, does it mean that we can start to apply for citizenship in around May 2003??[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>Thanks very much![/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>The current citizenship legislation requires that you be landed for 1095 days[/usenetquote2]
[usenetquote2]>>before you can apply for citizenship and if you apply before that time they will[/usenetquote2]
[usenetquote2]>>return the application. However, you do not have to worry about short absences as[/usenetquote2]
[usenetquote2]>>the officers and the citizenship judges have discretion with respect to your[/usenetquote2]
[usenetquote2]>>centralized mode of living. I have submitted cases where the person, for[/usenetquote2]
[usenetquote2]>>legitimate reasons has been out of Canada for more than 100 days in 3 year period[/usenetquote2]
[usenetquote2]>>preceding the application and still were granted citizenship. The issue is that[/usenetquote2]
[usenetquote2]>>you must have been landed for 1095 days, you do not have to have spent the entire[/usenetquote2]
[usenetquote2]>>period physically present in Canada. The decision as to what is reasonable rests[/usenetquote2]
[usenetquote2]>>with the judge and they have a 'detailed questionnaire' that must be filled out[/usenetquote2]
[usenetquote2]>>and returned to the department to assist the citizenship judge in making a[/usenetquote2]
[usenetquote2]>>determination. Ron Beirnes[/usenetquote2]
[usenetquote2]>>R.B. Global Immigration Consultants Ltd. 1540-1100 Melville St. Vancouver, BC V6E[/usenetquote2]
[usenetquote2]>> 4A6 Phone (604) 688-3081 fax 688-3015 email [email protected] Webb page[/usenetquote2]
[usenetquote2]>> http://www3.telus.net/rbglobal[/usenetquote2]

Hi Henrik,

According to CIC, time spent outside Canada due to a short vacation is allowed.

If you have been outside Canada for long periods of time, you may be required to
submit extra documents to show that you have established and maintained a residence
in Canada.

Hope this helps. Neil

[email protected] (Henrik)

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