Canadian Citizenship-Immigration Canada
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, Canadian Citizenship Judges examine
the specific facts and circumstances of each individual case. Each case must be assessed on its own merits,
and Canadian 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 Canadian 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 Canadian 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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