Case Profile: Residence Requirement (Liberal Interpretation)

Last Updated on February 1, 2013

Citizenship: Banerjee, Re 25 Imm.L.R. (2d) 239 (Fed.T.D.). Whether physical presence in Canada is required to maintain residence requirements under the Citizenship Act.

The applicant obtained landed status on 19 February 1989. He arrived with his two daughters. His wife arrived in May. His mother arrived at a later date. Following the arrival of the family, they lived initially with his paternal uncle and thereafter in their own premises on the Montreal West Island. The applicant secured insurance numbers, medical care cards, obtained a Quebec driver’s license and established contact with the Board of Trade. In the course of the next three years, the applicant was absent from Canada 866 days, where he earned his livelihood as an international business consultant in the field of chemicals. As such he traveled extensively in Europe, the Middle East and Far East. His clients and his market are overseas. He owned no other real property elsewhere.

In overruling the Citizenship Judge, the Federal Court of Appeal concluded that applicant had effectively established residence prior to departing; the quality of attachment to Canada was determinative and that Canada was not being used by applicant as a facility of convenience. This decision supports a liberal application of the residence requirements under the Citizenship Act.