How to Interpret the Residence Provision for Canadian Citizenship
Mrs. Katharina Kontaxis, RCIC-IRB wrote an article on interpreting the physical presence criterion entitled “The Interpretation of the Residency Requirement for Canadian Citizenship”, which was published at myconsultant.ca on December 6, 2022.
A person who fulfills the residency criteria of the Citizenship Act and the Citizenship Regulations can apply for Canadian citizenship. Yet, jurisprudence with conflicting interpretations of the physical presence requirement has turned this criterion into a truly complex matter.myconsultant.ca
When interpreting the residency requirement for Canadian citizenship, three residency tests come too mind: the quantitative Phourghasemi test, the qualitative Papadogiorgakis test and the qualitative Koo test. Actually, the Federal Court of Canada created only two tests: the quantitative test (strict physical presence) and the qualitative test (Koo test). See paragraph 7 at the link below.
Canada (Citizenship and Immigration) v Zhang, 2011 FC 844
You may apply without meeting the strict calculation of time test, but you must convince the decision-maker that you are eligible to become a new Canadian based on your ties to Canada.myconsultant.ca
Information provided in this article does not constitute immigration or citizenship advice. Only authorised representatives are allowed to assist applicants with immigration and citizenship services for a fee. In addition, immigration laws, regulations, and policies are changing constantly.
If you need help with the assessment of your case, then obtain sound advice from Mrs. Katharina Kontaxis, RCIC-IRB. Only with a proper case strategy can you reach your goal of Canadian permanent residence or Canadian citizenship.
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