Qualifying for Canadian Citizenship

Posted in Canadian Citizenship

To qualify for Canadian Citizenship you must have been physically present in Canada for at least three years (1095 days) during the four years preceding the date of your application, unless there are exceptional circumstances.

In order for the Citizenship judge to determine if your matter falls under "exceptional circumstances" the judge will examine the facts presented to him. Each case will be assessed on its own merits, and Canadian Citizenship Judges have considerable discretion in determining whether exceptional circumstances truly exist. For this reason, it is extremely difficult to irrefutably articulate which circumstances will be deemed as exceptional.

Factors which a Judge will consider:

  • The applicant is physically present in Canada for most of the required period other than recent absences which occurred immediately before the application for Canadian Citizenship was submitted
  • Even though the applicant leaves Canada on a regular basis, the applicant's immediate family and dependents continue to live in Canada
  • The applicant's overall pattern of physical presence in Canada indicates that he or she returns home to Canada, and does not merely "pay a visit" to Canada
  • Despite repeated absences, the total number of days absent from Canada are relatively few
  • The physical absence from Canada is caused by a clearly temporary situation such as employment or study abroad for a limited period of time
  • The quality of the applicant's connection with Canada is more substantial than that which exists with any other country, as reflected by the applicant's involvement in Canadian work and business ventures, community organizations, and payment of Canadian income tax.

Still possible to be granted Citizenship should the Judge decide that you have:

  1. Minimum days missing
  2. That you have significant ties to Canada
  3. You left Canada temporarily
  4. That your exit was not in your control
  5. Family members living in Canada
  6. Family members accompanying you while you were outside of Canada
  7. The documentation presented shows that you see Canada as your true home
  8. That you are not obtaining the citizenship for convenience sake but that Canada is your true home

Tags: Canadian Citizenship Canadian Immigration Qualifying for Canadian Citizenship

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