PNP Form IMM 5562

Old Jul 21st 2013, 4:15 am
  #16  
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Default Re: PNP Form IMM 5562

Hi


Originally Posted by neilcumming View Post
But Simon ,you must admit it will be interesting to see his answer ,yes or no?
If the citizenship judge takes the straight residency method for citizenship, you would never have enough days to be eligible for citizenship. Only if the Judge selects the "Koo Decision" (you can look it up) where although you don't have sufficient days of residency, but you have centralized your life in Canada, then s/he could grant citizenship.

There are 3 Federal Court rulings on citizenship which set the standard

1. Pourghasemi

The Citizenship Judge noted that he relied on the analytical approach of Justice Francis Muldoon in Re Pourghasemi (1993), 62 F.T.R. 122, 19 Imm. L.R. (2d) 259, in which it was deemed necessary for a potential citizen to establish that he or she has been physically present in the country for a total of 1095 days during the four years preceding the application for citizenship.

2. Koo

Occupying what may be characterized as the middle ground is Justice Barbara Reed's analysis in Koo (Re) (1992), 59 F.T.R. 27, 19 Imm. L.R. (2d) 1. Justice Reed accepted Associate Chief Justice Thurlow's view in Papadogiorgakis that persons may have centralized their existence in Canada without being physically present for three out of the four years. Justice Reed set out six, non-exhaustive questions to determine whether the person regularly, normally or customarily lived in Canada during the preceding four years.


3. Papadogiorgakis

Even the early Federal Court decisions on residence recognized that absences from Canada should generally be for special and temporary purposes. The Associate Chief Justice Thurlow, in the much-cited Papadogiorgakis decision, seemed to view that actual presence in Canada was required, except for short vacations or other temporary absences such as pursuing a course of study abroad (and always returning home at school breaks).

The 6 questions in Koo.

1. Was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship?

2. Where are the applicant’s immediate family and dependents (and extended family) resident?

3. Does the pattern of physical presence in Canada indicate a returning home or merely visiting the country?

4. What is the extent of the physical absences - if an applicant is only a few days short of the 1,095 total it is easier to find deemed residence than if those absences are extensive.

5. Is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad?

6. What is the quality of the connection with Canada: is it more substantial than that which exists with any other country?

You have the answers, so it up to you to guess what is going to happen. You be assured if you apply without 1095 days in the previous 4 years, you will have an interview with a judge. It is a coin test which test s/he decides to use. That is if you pass the citizenship test and the language test.
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Old Jul 21st 2013, 4:38 am
  #17  
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Default Re: PNP Form IMM 5562

Oh theres a Koo Decision ,i will be going for that then.i know long haul truck drivers that have got their citizenship no problem,why should i be discriminated against because i drive in the states and my next door neighbour only drives in canada and he can get his citizenship and i cant?
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Old Jul 21st 2013, 5:23 am
  #18  
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Default Re: PNP Form IMM 5562

Hi

Originally Posted by neilcumming View Post
Oh theres a Koo Decision ,i will be going for that then.i know long haul truck drivers that have got their citizenship no problem,why should i be discriminated against because i drive in the states and my next door neighbour only drives in canada and he can get his citizenship and i cant?
You don't make the choice the Citizenship judge does. As to your question, he is running in Canada, you are running in the US, 2 different countries last time I looked.
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