本文发表在 rolia.net 枫下论坛How to calculate residence (days spent ouside Canada)
Q: I need some clarification on how to count the number of days spent outside Canada. For example, if I leave Canada on Dec 6 and come back on Dec 9, do I have to deduct 2 or 4 days? Under the current Immigration Act, does time spent outside on assignment by a Canadian company counts towards residency? If so, do I have to list these absences on the application form? BTW, how long does it take for a bill to be enacted into law (at least)?
A: Contrary to what others have posted, if you are in Canada for any portion of the 24 hour day, then you are considered resident in Canada for that day. In your example you would have been absent for 2 days (i.e. Dec. 7 & 8).
Residence under the Immigration Act is from the perspective of maintaining your permanent resident status and it differs from the concept of residence for the purpose of calculating your entitlement to apply for Canadian citizenship under the Citizenship Act. There are differing approaches taken by Citizenship judges and by the Federal Court in interpreting the the concept of reisidence for citizenship purposes. Some take a broad expansive approach while others take a narrower, more technical approach.
You must list all days absent from Canada, irrespective of the reasons for the absence. If you have a number of days outside Canada there is a form which you can obtain from Citizenship Canada (not on the website) entitled "Residency Questionnaire" which you should send with your application. This form notes at the top that residence does not mean actual physical residence.
It is difficult to say when the bill will become law. It was on the order paper in the last session of Parliament but did not pass, so it had to be re-intoduced. The Minister states that she intends to pass the Bill through Parliament this time. If you want to look at the bill and read commentary on it, see:
http://www.ci.gc.ca/english/pdffiles/pub/bill-c16.pdf
http://www.ci.gc.ca/english/pdffiles/pub/c16cls-e.pdf
http://www.ci.gc.ca/english/press/99/9937-pre.html
http://www.ci.gc.ca/english/about/policy/citact2_e.html更多精彩文章及讨论，请光临枫下论坛 rolia.net
Q: I need some clarification on how to count the number of days spent outside Canada. For example, if I leave Canada on Dec 6 and come back on Dec 9, do I have to deduct 2 or 4 days? Under the current Immigration Act, does time spent outside on assignment by a Canadian company counts towards residency? If so, do I have to list these absences on the application form? BTW, how long does it take for a bill to be enacted into law (at least)?
A: Contrary to what others have posted, if you are in Canada for any portion of the 24 hour day, then you are considered resident in Canada for that day. In your example you would have been absent for 2 days (i.e. Dec. 7 & 8).
Residence under the Immigration Act is from the perspective of maintaining your permanent resident status and it differs from the concept of residence for the purpose of calculating your entitlement to apply for Canadian citizenship under the Citizenship Act. There are differing approaches taken by Citizenship judges and by the Federal Court in interpreting the the concept of reisidence for citizenship purposes. Some take a broad expansive approach while others take a narrower, more technical approach.
You must list all days absent from Canada, irrespective of the reasons for the absence. If you have a number of days outside Canada there is a form which you can obtain from Citizenship Canada (not on the website) entitled "Residency Questionnaire" which you should send with your application. This form notes at the top that residence does not mean actual physical residence.
It is difficult to say when the bill will become law. It was on the order paper in the last session of Parliament but did not pass, so it had to be re-intoduced. The Minister states that she intends to pass the Bill through Parliament this time. If you want to look at the bill and read commentary on it, see:
http://www.ci.gc.ca/english/pdffiles/pub/bill-c16.pdf
http://www.ci.gc.ca/english/pdffiles/pub/c16cls-e.pdf
http://www.ci.gc.ca/english/press/99/9937-pre.html
http://www.ci.gc.ca/english/about/policy/citact2_e.html更多精彩文章及讨论，请光临枫下论坛 rolia.net