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Shahzad Farooq Posts: 5
Posted On: 10/16/2017
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We are landed immigrant in Canada in Dec. 2012.
We had a company here in Canada with a partnership of my wife.
She looks after the matters in Canda regarding the business, and I have to live abroad to see it at the other end.
Now, my daughter and my wife, they have completed 730 days in Canada but I could not do so.
I have read one of the provisions for completing resident obligations of 730 days as if someone stays outside Canada for Canadian Business, his time outside Canada will be considered as in Canada.
We are paying Tax for that business in Canada for all years.
I have also purchased a house in Canada.
Do I qualify to apply for citizenship?
Will my period spend outside Canada will be considered as in Canada?
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Moderator Moderator Posts: 4069
Posted On: 10/19/2017
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Hello,
Thank you for sharing your situation and question with us.
In terms of counting time outside Canada while working for a Canadian Business, you can find some detailed information in the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 Loss of permanent resident status enforcement manual. Here is an excerpt,
6.2 Canadian business
The definition applies to both large and small businesses, and includes:
- federally or provincially incorporated businesses which have an ongoing operation in Canada;
- other enterprises that have an ongoing operation in Canada, are capable of generating revenue, are carried out in anticipation of profit and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents or Canadian businesses;
- enterprises which have been created by the laws of Canada or a province.
Note: It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy his or her residency obligation while residing outside of Canada R61(2).
Businesses that apply in these situations do not satisfy the requirements for physical presence for Citizenship purposes.
According to the Immigration, Refugees and Citizenship Canada (IRCC) website,
Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.
You can count time spent outside Canada toward the physical presence requirement for citizenship if you:
- Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or
- Resided outside Canada with your:
- Canadian spouse or common-law partner, or
- permanent resident spouse, common-law partner, or parent
who was employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory.
Employment as a locally engaged person is not included.
Only time after becoming a permanent resident counts towards the physical presence requirement.
Residence with a common-law partner can be calculated from the time the common-law relationship began.
Use the online physical presence calculator. Complete and submit the CIT 0177 Residence Outside Canada form when you apply. Citizenship and Immigration Canada will decide whether the time you lived outside Canada is eligible to be counted.
In terms of counting the time outside to meet Canadian citizenship residency requirements, you can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship? section.
Here is an excerpt,
Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship?
Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.
You can count time spent outside Canada toward the physical presence requirement for citizenship if you:
-Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or
-Resided outside Canada with your:
-Canadian spouse or common-law partner, or
-permanent resident spouse, common-law partner, or parent
who was employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory.
Employment as a locally engaged person is not included.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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