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Would-be immigrant done in by work ethic

posted Mar 18, 2012, 3:58 PM by Milorad Borota   [ updated Mar 18, 2012, 3:59 PM ]
Told welfare would be smarter choice
By Don Butler, The Ottawa Citizen March 5, 2012

He returns to Ottawa for extended visits every Christmas, Easter and in the summer, but is typically absent for about 10 months a year. It’s those lengthy absences that have become the problem.

In 2008, Kaindl and his family applied for Canadian citizenship. His wife, Gabrielle, and their three sons and two daughters — now aged 19 to 25 — were granted citizenship in 2010. But Citizenship Judge Brian Coburn rejected Kaindl’s application. The Citizenship Act requires those seeking citizenship to be physically present for the equivalent of three of the four years immediately preceding their applications.

Because of his work overseas, Kaindl was 871 days short of meeting the residency requirement, Coburn concluded. Kaindl says Coburn “screwed up” the calculation and the gap is less than that. But he doesn’t dispute that he wasn’t in Canada for the requisite 1,095 days during the four-year residency period.

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