6/2/2018
Topic:
Accompanying a Canadian Citizen Spouse Overseas
Ms Hadid
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Hello,
I'm in the same situation. I'm a Canadian Citizen working for the International Committee of the Red Cross. My husband who is a Permanent Resident is accompanying on my mission abroad.
I reviewed the calculation of physical presence in the Immigration and Refugee Act (2001), vis a vis the Canada Citizenship Act (1985) and found the following:
In the Immigration and Refugee Act (2001), the application of paragraph 28 (1) mentions that "(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are:
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province"
On the other hand, the Canada Citizenship Act (1985), mentions in Section 5 Grant of Citizenship, under the Period of physical presence — spouse or common-law partner of citizen the physical presence in Canada is calculation based on the following:
(1.01) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).
In this case, for the purpose of counting the days towards the citizenship, which of the above provisions of law is applicable?
Moderator wrote:
Hello,
Thank you for your additional question.
Please note that in reference to that specific circumstance, the section you are referring to states at the outset:
It may also count if you are:
travelling with your spouse or partner who is a permanent resident and works full-time for:
That specific circumstance applies to if the spouse working outside Canada is a permanent resident.
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 |