What are the factors used to determine whether a person has established residence in Canada?
Canada (Federal), Canada
The following excerpt is from K. S. v Minister of Employment and Social Development, 2017 CanLII 146179 (SST):
Determining residence involves more than comparing the number of days that a person is in Canada as opposed to somewhere else. Case law has set out a non-exhaustive list of factors to be considered in determining whether a person has established residence here. They include personal property; social and fiscal ties in Canada; ties in another country; regularity and length of visits to Canada, as well as the frequency and length of absences from Canada; and the lifestyle of the person and his establishment in Canada (De Carolis v. Canada (Attorney General) 2013 FC 366).
A person’s mindset or intention is a legitimate factor to consider, but it is not determinative of the issue of residency. The Appellant must establish that Canada was, for the amount of time required by the OAS Act, the place where he was factually anchored (Duncan v. Canada (Attorney General) 2013 FC 319).
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