Canada (Citizenship and Immigration) v. Patmore, 2015 FC 699 : Citizenship Approval Upheld Despite Long Periods of Study Outside Canada

The Federal Court reviewed a Citizenship Judge’s decision approving a citizenship application even though the applicant had spent most of the relevant period studying outside Canada.

The Minister argued that the applicant had not established residence in Canada because she left only six days after becoming a permanent resident.

The Court upheld the citizenship approval.

Key Principle

Under the residence test that applied at the time, physical presence was not always the only consideration.

A citizenship applicant could still be found resident in Canada where Canada remained the centre of their family and personal life, even during temporary absences for education.

Background

The applicant became a permanent resident at age 17 with her family in January 2008.

Six days later, she returned to France to finish high school and later studied law in the United Kingdom and France.

During the relevant citizenship period, she was physically present in Canada for only about 277 days.

However, her parents and family home remained in British Columbia. She returned to Canada during school breaks, worked during some visits, kept most of her belongings at the family home, and remained financially dependent on her parents.

The Citizenship Judge concluded that she had centralized her mode of living in Canada and approved her citizenship application.

Court Findings

The Federal Court agreed that an applicant must first establish residence in Canada before absences can potentially count toward residence.

However, the Court found that the Citizenship Judge had reasonably concluded that this applicant had established residence despite leaving Canada shortly after landing.

Important factors included that she was still a minor, remained dependent on her parents, maintained the family home in Canada as her base, returned regularly during school breaks, and participated in Canadian life when she was present.

The Court emphasized that temporary absences for studies do not necessarily break residence where there is a strong family connection and continuing dependence on the Canadian household.

Outcome

The Federal Court dismissed the Minister’s application for judicial review and allowed the citizenship approval to stand.

The case shows that, under the former citizenship residence rules, lengthy absences for education could still be consistent with Canadian residence where the applicant maintained a strong and genuine family base in Canada.

Historical Note: This case was decided under the former citizenship residence rules. Current citizenship eligibility is based on different physical-presence requirements.

Case Citation:

Canada (Citizenship and Immigration) v. Patmore, 2015 FC 699 CanLII