Citizenship while studying in US as PR (without meeting physical presence)

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PR_US
Member since: Jan 08

Posts: 8
Location:
Post ID: #PID

Posted on: 20-01-08 20:50:05

Hi all,

Greetings, I am back on CD after a long time but it is nice to see it very active! I lost my old CD id with my email.

I came to Canada in Sep 03 on work permit. Became PR in Mar 06. Moved to US in Aug 06 because I was admitted in MBA program at a top 3 university. I will complete 3 yr basic residence in Canada condition in Mar 08 but will not meet the physical residence condition since only 1.5 yrs would be counted towards physical presence.

My wife is in the same condition. We have been regularly filing taxes in Canada.

I will probably work in US for a few years but want to get Canadian citizenship. Any suggestions?
Has anyone tried to appeal? if so, what was the result?

Please share

Many thanks!

yellowknife
Member since: Sep 04

Posts: 447
Location: Mississauga
Post ID: #PID

Posted on: 21-01-08 09:33:08

You cannot get Canadian citizenship (legally) without establishing physical presence in Canada. If you want to cheat and take a shot, go ahead.

PR_US
Member since: Jan 08

Posts: 8
Location:
Post ID: #PID

Posted on: 21-01-08 09:55:23

yellowknife, why do you think I am trying to cheat?

I clearly mentioned that I want to "appeal" in my message; it is 100% legal to appeal.

cdn_dude
Member since: Dec 05

Posts: 942
Location:
Post ID: #PID

Posted on: 21-01-08 11:02:17

Quote:
Originally posted by PR_US

yellowknife, why do you think I am trying to cheat?

I clearly mentioned that I want to "appeal" in my message; it is 100% legal to appeal.

That's what the part of Yellowknife's answer is: - go ahead - if you want to take a shot (mostly you will not be successful).

kunato
Member since: Oct 07

Posts: 58
Location:
Post ID: #PID

Posted on: 21-01-08 16:31:17

Quote:
Originally posted by PR_US

Hi all,

Greetings, I am back on CD after a long time but it is nice to see it very active! I lost my old CD id with my email.

I came to Canada in Sep 03 on work permit. Became PR in Mar 06. Moved to US in Aug 06 because I was admitted in MBA program at a top 3 university. I will complete 3 yr basic residence in Canada condition in Mar 08 but will not meet the physical residence condition since only 1.5 yrs would be counted towards physical presence.

My wife is in the same condition. We have been regularly filing taxes in Canada.

I will probably work in US for a few years but want to get Canadian citizenship. Any suggestions?
Has anyone tried to appeal? if so, what was the result?

Please share

Many thanks!

Hi,

"Any suggestions? "

Wait until you fulfill the 1095 days of physical presence.

"Has anyone tried to appeal? if so, what was the result?"

Yes, many. Appeals firmly rejected by appellate courts. The appeals court will only overturn the CIC judge's decision if it believes serious procedural lacks resulted in CIC judge's decision (e.g. the judge did not follow due dilligence process in establishing citizenship requirments). However, the appellate court will NEVER questions the "1095 physical residence", since this is set in stone by the federal law; the appellate courts have uphold the decision by CIC judges in the past. In the past 10-15 years the judges were very adamant about 1095 physical presence.

I know of a case where the individual claimed to have fulfilled 1095 days of physical presence, applied from within Canada, but was living outside of Canada while his application was in process. The CIC judge questioned his 1095 of physical presence and took his after-application absence from Canada as "not established in Canada". THe appeal was rejected.

Since some attempt to abuse the system (lie about physical residence), the judges have firmly tightened their position. I am not implying that you lie, just that the actions of others inherently cause the system to be more stringent.

If one is found to have lied about the physical presence (again this does not imply you are doing it), then CIC can raise criminal charges, imprison and subsequently expel the individual out of Canada. This could reflect on subsequent requests for entry to the US as well.

PR_US
Member since: Jan 08

Posts: 8
Location:
Post ID: #PID

Posted on: 21-01-08 16:44:51

Thanks Kunato.

I think I did not explain myself clearly. I haven't yet applied to CIC for citizenship. Did you assume that I have already applied to CIC for citizenship and was rejected? It seemed to me since you mentioned that appeals court wouldn't overrule CIC judge's decision.

I will be clearly mentioning my stay in and out of Canada in my application.

kunato
Member since: Oct 07

Posts: 58
Location:
Post ID: #PID

Posted on: 21-01-08 16:55:56

Quote:
Originally posted by PR_US

Thanks Kunato.

I think I did not explain myself clearly. I haven't yet applied to CIC for citizenship. Did you assume that I have already applied to CIC for citizenship and was rejected? It seemed to me since you mentioned that appeals court wouldn't overrule CIC judge's decision.

I will be clearly mentioning my stay in and out of Canada in my application.

I think my statement is understandable.

Contributors: PR_US(4) yellowknife(2) kunato(2) cdn_dude(1) LD(1)

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