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Canadian
Citizenship: Exceptions to the "1095-Day Rule"
To
qualify for Canadian Citizenship you must have been physically
present in Canada for at least three years (1095 days) during the
four years preceding the date of your application, unless there are
exceptional circumstances. This test is sometimes referred to
as the "1095-Day Rule."
In
determining whether exceptional circumstances exist,
Citizenship Judges examine the specific facts and circumstances of
each individual case. Each case must be assessed on its own merits,
and Citizenship Judges have considerable discretion in determining
whether exceptional circumstances truly exist. Thus, it is
extremely difficult to conclusively pronounce which circumstances
will be deemed to be exceptional. The following is a list of factors
which may, in some cases, lead Citizenship Judges to "bend" the
1095-Day Rule:
- The
applicant is physically present in Canada for most of the required
period other than recent absences which occurred immediately
before the application for Citizenship was submitted.
- Even
though the applicant leaves Canada on a regular basis, the
applicant's immediate family and dependents continue to live in
Canada.
- The
applicant's overall pattern of physical presence in Canada
indicates that he or she returns home to Canada, and does not
merely "pay a visit" to Canada.
-
Despite repeated absences, the total number of days absent from
Canada are relatively few.
- The
physical absence from Canada is caused by a clearly temporary
situation such as employment or study abroad for a limited period
of time.
- The
quality of the applicant's connection with Canada is more
substantial than that which exists with any other country, as
reflected by the applicant's involvement in Canadian work and
business ventures, community organizations, and payment of
Canadian income tax.
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