International Law

Citizenship Residency Requirments

By Raj Sharma

Citizenship is generally granted to an individual who has accumulated three years of residency in a four year period. What is not that generally known is that there are varying interpretations as to what the residency requirement actually means. Does it mean 'two feet on the ground' or a broader interpretation?

In Cardin v. MCI 2011 FC 29, Justice Mactavish sets out the three different schools of thought:

[8]               There are three different schools of thought as to how the residency requirement of paragraph 5(1)(c) is to be applied.  The first is the Re Pourghasemi test used in this case, which only asks whether the applicant has been physically present in this country for a total of three years out of four, or a minimum of 1095 days.

 

[9]               The second test is that articulated in Re Papadogiorgakis, [1978] 2 F.C. 208; [1978] F.C.J. No. 31. This is a less stringent test in that it looks at whether an applicant has an established residence and strong attachment to Canada, even if he or she has been temporarily absent away from Canada.

 

[10]           The third test is the one most commonly used in citizenship cases.  This is the so-called ?Koo? test, established in Re Koo, [1993] 1 F.C. 286; [1992] F.C.J. No. 1107. The Koo test looks at residence as being the place where one ?regularly, normally or customarily lives? or has ?centralized his or her mode of existence?.  Re Koo identifies six questions that are to be asked in order to determine whether this test has been met.

 

[11]           Because there is no appeal from Federal Court decisions in citizenship matters, there has never been an appellate determination as to which is the appropriate test.

Full post as published by Canadian Immigration Blawg on January 23, 2011 (boomark / email).