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Posted on November 06 2018

When do immigrants get exempted from the 1095 days Canadian rule?

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By  Editor
Updated March 30 2024

The 1095 days Canadian rule is included in the amended Citizenship Act of Canada 2017. It pertains to the number of days applicants need to be physically present prior to application. This is for the 5 years period before the submission of the application for citizenship.

 

The revised rules simplify and quicken the process of obtaining Citizenship of Canada for PR immigrants. Likewise, applicants can now count each day of their physical presence in Canada. This is either as protected persons or provisional residents before they became Permanent Residents. It is half-day toward meeting the requirement of physical presence for citizenship for a maximum credit of 465 days.

 

Below are lists of factors for which the Judges of Canadian Citizenship can offer an exemption to immigrant applicants from the 1095 days Canadian rule:

  • The applicants are present physically in Canada for the majority of the required period. This is apart from the recent absences that have occurred instantly prior to the application for Canadian citizenship was lodged.
  • The applicant exits Canada regularly. However, the immediate family and dependents of the applicant continue to live in Canada.
  • The overall pattern of the applicant’s physical presence in Canada gives an indication. It is that he/she returns home to Canada and is not merely paying a visit to Canada.
  • In spite of frequent absences, the overall numbers of days absent from Canada are comparatively low
  • The physical absence from Canada is due to a clear provisional situation like employment or study overseas for a partial period of time
  • The quality of the applicant’s association with Canada is more considerable than the one existing with another nation. This is as reflected by the involvement of the applicant in Canada. It includes work, business projects, payment of income tax, and community organizations in Canada.

Y-Axis offers a wide range of Visa and Immigration products as well as services for aspiring overseas immigrants including Student Visa for CanadaWork Visa for CanadaCanada Migrant Ready Professional Services for Express Entry Full ServiceCanada Migrant Ready Professional Services for Express Entry P R Application,  Canada Migrant Ready Professional Services for Provinces, and Education Credential Assessment. We work with Regulated Immigration Consultants in Canada.

 

If you are looking to Study, Work, Visit, Invest or Migrate to Canada, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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