4/4/2020
Topic:
Sponsoring Spouse after CoPR and before landing
alanvcr
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HI I was wondering if you could help me.
I'm a Canadian Citizen. There are several reasons why I need to fly between Canada and the Philippines - for business and person matters. My question is - can my wife, who is a permanent resident apply for citizenship if she did not stay the full 1,095 days in Canada but accompanied me for a portion of the time? I found someone who asked a smiler question and found the paragraph below:
"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?" |