Eligibility for Canadian Citizenship
Part I of the Citizenship Act sets out a person’s right to Canadian citizenship. Subject to the other provisions of the Act, a person has the right to Canadian citizenship if he/she was:

• a citizen or entitled to become a citizen before February 15, 1977;
• born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;
• born in Canada after February 14, 1977;
• granted or had acquired citizenship.

To be eligible to apply for and be granted Canadian citizenship, an adult of 18 years of age or older, must have resided in Canada for at least three years within the four-year period immediately before the date of application. It is important to note that only the four-year period preceding the date of application is considered. Each day as a permanent resident of Canada counts as one full day in the calculation towards the three years minimum requirement.

In most situations permanent residency status is obtained upon arrival at a port of entry in Canada. However, in certain situations, such as in the case of a live-in caregiver where Canadian permanent residency status is obtained a number of years after the original entry in Canada, each day lived in Canada before permanent residence status was obtained counts as one-half day only, up to a maximum of one year. All applicants must meet the residence requirement the day before application for Canadian citizenship is filed.

Minor children who are permanent residents of Canada are not required to meet the residence requirement if they have either a living natural or adoptive parent who is a Canadian citizen, or if at least one of the parents, who is also a permanent resident of Canada, is filing an application for Canadian citizenship.


Residence Requirements
There will be exceptional circumstances where an applicant may be physically absent from Canada but still maintain their residency for Canadian citizenship purposes. What constitutes as "residency" for Canadian citizenship purposes is not defined under the Citizenship Act, but over the years the Federal Court of Canada has made many decisions on the concept of residency for Canadian citizenship purposes.

Madame Justice Reed in the Koo decision, for example, held that "the test is whether it can be said that Canada is the place where the applicant "regularly, normally or customarily lives". Another formulation of the same test is whether Canada is the country in which he or she has centralized his or her mode of existence."

To determine whether the absences of an applicant fall within the allowable exceptions, Madame Justice Reed set out the following six questions:

1. was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship?
2. where are the applicant's immediate family and dependants (and extended family) resident?
3. does the pattern of physical presence in Canada indicate a returning home or merely visiting the country?
4. what is the extent of the physical absences, if an applicant is only a few days short of the 1,095-day total it is easier to find deemed residence than if those absences are extensive?
5. is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad?
6. what is the quality of the connection with Canada: is it more substantial than that which exists with any other country?

For further information regarding the procedures for applying for Canadian citizenship or questions about calculation of residency, please contact our office.