Min Wang

Hi all,

I'm Canada citizen and my wife is PR who has stayed in Canada for 2 full
years as a housewife. Now she needs to go to US to study MBA(2 years). She
will apply for Canada citizenship after she studies in US for 1 year. I know
this will be hard, but there were successful cases.

By reading some cases, it seems that my wife will need to prove she will
have stablished and maintained residence in Canada. 2 full years' life in
Canada can prove a "established residence". But how to show the judge she
"has maintained residence"? The first year's MBA study will be so busy that
she won't have time to go back Canada.

Now I have a job in Canada. But since we really don't want to be separated,
I'll try to find a job near her university in US and go to work with TN
visa. Will this affect her future citizenship application? (CP 5.9B -- where
are the applicant's immediate family and dependants (and extended family)
resident). Can I say I resident in Canada when working and living in US with
TN status?

What else can I do to help my wife's citizenship application after 1 year?

Thanks a lot,

Andrew Miller

Under the circumstances her chances for citizenship are next to none - not
only that she won't have required days of residency but also she will be
living out of Canada. Applications that have been approved when applicant
didn't have required days were only in cases when applicant maintained
permanent residence in Canada, didn't reside anywhere else (except visiting
other countries on job or business related trips), was returning to home in
Canada after each trip, having his or her family here through entire 3 to 4
years period - thus having centre of life in Canada - but due to extensive
travel was unable to accumulate required days. It is not the case in your
wife's circumstances. Things may be stretched here and there a little bit
but what you are trying to do simply won't fly.

The only benefit she can count on is that her days in US will count towards
residency obligations to maintain PR status, providing that she will be with
you in US. But she will have to start accumulating her days in Canada for
citizenship eligibility from start after you guys move back to Canada after
her study. What's the problem with applying after you move back to Canada
and she accumulates required days? You are coming back, don't you?

Telus

Thank you for the reply, Andrew.

From the cases I studied, it seems that most judges agree that residence
doesn't mean physical presence.

Following are successful cases where the applicants hadn't _physically
presented_ in Canada for 1095 days before citizenship application:
http://decisions.fct-cf.gc.ca/fct/1997/t-711-97.shtml
http://decisions.fct-cf.gc.ca/fct/2002/2002fct93.shtml
http://decisions.fct-cf.gc.ca/fct/2000/t-1574-99.shtml
http://decisions.fct-cf.gc.ca/fct/2004/2004fc1018.shtml

Following are failed cases:
http://decisions.fct-cf.gc.ca/fct/1997/t-1632-96.shtml
http://decisions.fct-cf.gc.ca/fct/1999/t-1434-98.shtml
http://decisions.fct-cf.gc.ca/fct/1997/t-1637-96.shtml
http://decisions.fct-cf.gc.ca/fct/20...338-99_1.shtml
http://decisions.fct-cf.gc.ca/fct/2002/2002fct270.shtml
http://decisions.fct-cf.gc.ca/fct/2005/2005fc785.shtml
http://decisions.fct-cf.gc.ca/fct/2005/2005fc700.shtml

The reasons for the failures are the same -- the applicants hadn't establish
residence, because they hadn't _physically presented_ in Canada long enough,
before their temporary absence. I don't know how long is required to
convince the judges that a residence is established, but I believe 2 years
of continuous physical presence might be convincible. Actually, I feel my
wife's case is much better than any of above cases.

If we really have to accumulate 1095 days of physical presence, the
application will be after 5 years, which is too long a delay.

Thanks

"Andrew Miller" <> ?

Andrew Miller

You want to go to court and waste at least couple additional years then be
my guest.

Note that in cases won appellants had maintained their residence in Canada
and their immediate family was also in Canada - you both will be in US,
without returning due to workload during MBA study. More - all those
appellants applied when living in Canada, while you will already be gone for
a year.

Again - you asked and I gave you my best, honest advice. The rest is up to
you and trust me - going to the court will not only take a lot of time but
will also be very expensive. If your intentions are to live permanently in
Canada after 2 years in US then what's the rush?

Azam

Hi

I am not expert but do think Andrew is 100% right. Once you successfully
establish yourself and occasional travels to oversea then you have some
fighting chance.

But when your wife join a US college for MBA, plus you are following her,
that would be totally different story.

Anyway good luck with your Canada Citizenship process.




"telus" <> wrote in message
news:%nLre.64158$tt5.24329@edtnps90...
    > Thank you for the reply, Andrew.
    > From the cases I studied, it seems that most judges agree that residence
    > doesn't mean physical presence.
    > Following are successful cases where the applicants hadn't _physically
    > presented_ in Canada for 1095 days before citizenship application:
    > http://decisions.fct-cf.gc.ca/fct/1997/t-711-97.shtml
    > http://decisions.fct-cf.gc.ca/fct/2002/2002fct93.shtml
    > http://decisions.fct-cf.gc.ca/fct/2000/t-1574-99.shtml
    > http://decisions.fct-cf.gc.ca/fct/2004/2004fc1018.shtml
    > Following are failed cases:
    > http://decisions.fct-cf.gc.ca/fct/1997/t-1632-96.shtml
    > http://decisions.fct-cf.gc.ca/fct/1999/t-1434-98.shtml
    > http://decisions.fct-cf.gc.ca/fct/1997/t-1637-96.shtml
    > http://decisions.fct-cf.gc.ca/fct/20...338-99_1.shtml
    > http://decisions.fct-cf.gc.ca/fct/2002/2002fct270.shtml
    > http://decisions.fct-cf.gc.ca/fct/2005/2005fc785.shtml
    > http://decisions.fct-cf.gc.ca/fct/2005/2005fc700.shtml
    > The reasons for the failures are the same -- the applicants hadn't
    > establish residence, because they hadn't _physically presented_ in Canada
    > long enough, before their temporary absence. I don't know how long is
    > required to convince the judges that a residence is established, but I
    > believe 2 years of continuous physical presence might be convincible.
    > Actually, I feel my wife's case is much better than any of above cases.
    > If we really have to accumulate 1095 days of physical presence, the
    > application will be after 5 years, which is too long a delay.
    > Thanks
    > "Andrew Miller" <>
[q1]> ?