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How to calculate that Canadian citizens have lived for three years within four years of naturalization?
Wang Jing, general manager of Jinghong Immigration Group Shenzhen Company, pointed out that on its website (www.cic.gc.ca), Citizenship and Immigration Canada explained in detail what is the time to live in Canada, and provided a residence calculator to help calculate the time to live in Canada when applying for naturalization.
According to the Canadian Citizenship Act, only permanent residents who have actually lived in Canada for three years in the past four years are eligible to apply for Canadian citizenship, become Canadian citizens and obtain Canadian passports.
Wang Jing said that to understand the legal definition of living in Canada for three years within four years, we must first understand what is the time to live in Canada. First, unlike Maple Leaf Card's definition of extended residence time in Canada, the residence time of a citizenship applicant is the time when the applicant actually lives in Canada, works abroad and lives with a citizen in Canada, and cannot be counted as the residence time in Canada. Second, every day before becoming a permanent resident in Canada can only be counted as half a day. In other words, after obtaining permanent resident status, people who visit relatives and study abroad can live in Canada for half a day. Third, the time served for breaking the law, such as prison, detention center, cell, reeducation through labor center, conditional sentence, probation or parole, cannot be used as the time of residence in Canada when applying for naturalization. Knowing the definition of residence time in Canada, we can understand the specific algorithm of living for four years and three years.
If you have lived for three years in four years, not from the date of landing, nor from the time you get the maple leaf card, but from the date you apply for naturalization, you will be eligible to apply for naturalization after four years, and you have lived for 1095 days, that is, three years.
To calculate the residence time, in addition to accumulating the time of each entry and exit and calculating the time of residence in Canada, the website of the Immigration Department also has a residence calculator to help calculate the residence time.
Of course, some algorithms are still technical. Jing Wong cited two case studies:
Case 1: Ms. Dong, who lives in Richmond, goes shopping in the United States from time to time, sometimes returns the same day, and sometimes stays in the United States for a day or two after playing. When applying for naturalization, she thought that crossing the United States by land was not considered as leaving the country, so she lived in Canada during this time.
Case 2: Wang, who graduated from Simon Fraser University, successfully obtained the status of permanent resident after working for one year, thinking that one day of legal residence before becoming a permanent resident would be converted into half a day, and he could apply for naturalization after half a year.
For example, when Ms. Dong is shopping in the United States, as long as she returns to Canada before 12 in the afternoon, this day can be counted as living in Canada; If you return to Canada after 12 pm, this day can't be counted as living in Canada. This day must be excluded from the calculation of residence time and has nothing to do with living in the United States.
Those who have lived for three years within four years must have permanent resident status for two years. That is to say, although Mr. Wang has legally lived in Canada for five years after studying and working, he can only live in 1 year at most, and he still needs to obtain permanent resident status for two years before applying for naturalization.
Judgment of the center of gravity of life
Jing Wong also pointed out that when judging whether an applicant is qualified for naturalization, the judge of the federal court in Canada will not only examine whether the applicant meets the condition of "having actually lived in Canada for three years", but also consider whether the "life center" of the applicant has moved to Canada. For example, whether the applicant has a spouse or other family members in Canada, home ownership in Canada, social activities and employment in Canada, and tax payment in Canada. The judge will also consider whether the reason for the applicant to leave Canada is temporary. If a person still has a fixed job outside Canada, or the reason for leaving the country is long-term, it is easy to assume that his "focus of life" has not shifted to Canada.
If the judge has doubts about whether the applicant's "focus of life" has been transferred to Canada, he will generally ask the applicant to supplement one or more of the following documents: proof of employment or education in the past few years; Proof of real estate in Canada; Proof that the spouse's children live in Canada; Telephone and TV charges; Bank statement; Shopping records in Canada; Proof that the children are studying in Canada; The tax bill of the applicant in Canada; Housing and car insurance in Canada; Proof of reasons for going abroad.
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