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New Rule? Need to inform IRCC if we leave Canada for more than 2 weeks

garry9488

Full Member
Jun 10, 2016
36
6
Hello Everyone

On this official page at the bottom, it says we need to inform IRCC if we leave Canada for more than 2 weeks in a row.
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html

I did not know of this rule before. Will going to my home country on a vacation impact my application processing time? Does anyone know about this or have informed IRCC about their extended vacation plans and have still fallen under the normal processing times?

Thanks.
 

Samoinp

Hero Member
May 30, 2017
515
131
Hello Everyone

On this official page at the bottom, it says we need to inform IRCC if we leave Canada for more than 2 weeks in a row.
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html

I did not know of this rule before. Will going to my home country on a vacation impact my application processing time? Does anyone know about this or have informed IRCC about their extended vacation plans and have still fallen under the normal processing times?

Thanks.
Its not new and has been there for a while.
 

wksj

Hero Member
Oct 7, 2021
424
594
It is NOT a requirement. If you inform them, they will put it on your file that you are unavailable and say “huh, we were already doing bare minimum work, and this applicant is outside the country, no need to work on this file at all right now, Thank you applicant!”
 

garry9488

Full Member
Jun 10, 2016
36
6
It is NOT a requirement. If you inform them, they will put it on your file that you are unavailable and say “huh, we were already doing bare minimum work, and this applicant is outside the country, no need to work on this file at all right now, Thank you applicant!”
Hilarious! I guess we can just go and come then. Even I don't see any real issue here.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
On this official page at the bottom, it says we need to inform IRCC if we leave Canada for more than 2 weeks in a row.
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html

I did not know of this rule before. Will going to my home country on a vacation impact my application processing time? Does anyone know about this or have informed IRCC about their extended vacation plans and have still fallen under the normal processing times?
It is not a "rule," but advice. It is stated more in the nature of what applicants "should" do, not what applicants "need" to do, let alone what an applicant "must" do.

But the reference to this as "official" warrants drilling a little deeper into IRCC's online information. And acknowledging that there is often some ambiguity in the information IRCC provides. I will elaborate, but upfront it warrants noting that the webpage you link says to contact IRCC if, for example, "you are charged with a crime," in the same way and in the same list as it says to contact IRCC if there is a "plan to leave Canada for more than 2 weeks in a row." THESE ARE NOT EQUAL. NOT close, NOT even similar. It is mandatory to notify IRCC if you are charged with a crime, and a failure to do so can constitute a misrepresentation (by omission).

So, first . . . The information provided by IRCC online is not "official." It is of course useful information provided by an authoritative source, generally accurate, and for the most part it can be relied on. And to a large extent, it is the best source of information for Canadian PRs applying for citizenship about the process of applying for citizenship. Or, as I often say, when in doubt, follow the instructions; otherwise, yep, follow the instructions.

The forms obtained through links at the site are official.

Distinguishing between an "official" source, versus a government source that is "authoritative," may seem like quibbling, perhaps even petty. In most contexts, for most questions, the difference does not matter or does not matter much; again, the online information can be, generally, not just usually but almost always relied on to be accurate.

But sometimes the difference matters.

The important difference is that to the extent there is any conflict, discrepancy, or inconsistency between what is stated in the online information versus what the statutes and regulations require, or more commonly versus how official tribunals (like the Federal Court) interpret and apply the statutes and regulations, it is the statutes and regulations, and their interpretation and application by the courts, that govern. Again, this does not generally pose an issue for the vast majority of citizenship applicants.

Where this can make a difference, and fairly often does make a difference, and why I bring it up, are situations in which there is a tendency to interpret the online information more broadly or otherwise in a more self-serving way, than how the rules and practices actually work.

One of the biggest sources of erroneous extrapolation, and thus potential pitfalls, involves information in regards to what an individual "may," or "might" do, or what "may," or "might," happen. Likewise information referring to what an applicant "should" do, which sometimes is little more than a recommendation, but other times is about actions that are required.

Bringing this, finally, to "travel" outside Canada while a citizenship application is pending. For purposes of a PR working and living in Canada making occasional trips abroad after applying (I did that several times in the relatively short eight months it took between the date my application was submitted and the date I took the oath), there is typically zero impact on processing the citizenship application. To the extent there is a risk, the risk is logistical, such as either missing a communication or something happening interfering with returning to Canada in time for a scheduled event.

So, obviously, the scope of such risk varies widely; generally the longer a PR-applicant is abroad, the more the risk of missing communications or failing to return in time to attend a scheduled event, and of course the logistics of getting back to Canada with short notice depend on where in the world outside Canada one is located. Spending weekends in Seattle or Detroit, in the U.S. and a short drive back to Canada, does not involve the same degree of risk as, say, spending months in locations some distance from major urban areas in Iran or Pakistan.

IRCC makes no such distinctions in what it advises. As others noted, IRCC online information has long advised citizenship applicants to notify IRCC if they travel abroad for more than two weeks. But as long as the applicant timely responds to communications from IRCC and appears for scheduled events, and appropriately discloses their location for things like online tests, interviews, or the oath, the advice to notify IRCC is only, in effect, "advice," not mandatory, not a requirement.

But as I alluded above, it is also worth taking a closer look at this advice. It pops up in several IRCC webpages, and more than once in some, including the page you linked . . . where in addition to it being near the bottom of the page, under a section about when to contact IRCC, it is also stated in the dropdown information for leaving Canada after applying (mid-page).

As I noted above, this advice is listed alongside other information about when to contact IRCC. This is about what is posted by IRCC here: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html

It states:
While we process your application, contact us if any information on your application changes or if you​
-- change your address​
-- plan to leave Canada for more than 2 weeks in a row​
-- can’t check your application status online and the normal processing time for your application has passed​
-- are charged with a crime​

This includes some redundancy. If the applicant changes address or is charged with a crime, those constitute a change in information in the application which the applicant is not only responsible for notifying IRCC, but which the applicant has certified they agree to advise IRCC of any such changes (it is part of the signature block in the application).

There is nothing in the way IRCC frames this information that alerts an applicant of the difference between notifying IRCC of a plan to leave Canada for more than two weeks, which is not mandatory, versus notifying IRCC the applicant has been charged with a crime, which is mandatory, and which can be considered misrepresentation that could lead to the application being denied and the person prohibited from citizenship for five years, or if not discovered until later, grounds for revocation of citizenship. In between these two is the information an applicant should notify IRCC of a change in address; this too could be misrepresentation by omission but is rarely prosecuted as such.

OVERALL: the online IRCC information is very useful but it often does not tell the whole story. I have not gone into the details here, but the online information is prone to being out-of-date when there are changes (PR card and PR TD application information, for example, continues to be a bit of a mess relative to the new forms implemented in June).

Beyond that, there is a contingency of forum participants who deliberately conflate "travel" abroad, for which there are the logistical risks already mentioned, versus living and working abroad after applying, which has those same logistical risks and some procedural risks as well. In regards to this it is still not clear whether or not, or the extent to which the historically elevated risk of non-routine delays still affects a significant percentage of those who are not merely traveling abroad but are abroad for extended periods of time.
 
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Xxsaraxx

Star Member
Jun 7, 2017
98
40
Hi all,

i have applied for my citizenship in December 2022, and now I’m moving to the UK to join my husband as we’ve been living apart for quite some time. Now does this put my application in some sort of risk? We plan to move back to Canada together once he receives his PR and I don’t mind traveling back and forth for any applications related appointments. I don’t know if I need to inform IRCC, please advise.

Also, I still file my taxes as single as my husband is a non resident so I think it doesn’t matter, but does this effect my citizenship application as I have put my marital status as married in the application?

thank you !
 

forw.jane

VIP Member
Apr 29, 2019
6,904
2,808
Hi all,

i have applied for my citizenship in December 2022, and now I’m moving to the UK to join my husband as we’ve been living apart for quite some time. Now does this put my application in some sort of risk? We plan to move back to Canada together once he receives his PR and I don’t mind traveling back and forth for any applications related appointments. I don’t know if I need to inform IRCC, please advise.

Also, I still file my taxes as single as my husband is a non resident so I think it doesn’t matter, but does this effect my citizenship application as I have put my marital status as married in the application?

thank you !
The taxation part is right as your husband is non resident. There are three parts in the citizenship processing lifecycle where your contribution is needed.
1) Fingerprint request - Optional, may not happen and your Background may get completed without it. If its requested you may have to submit it. I have read some people submitting it from outside Canada too but it would be better if you can do it from Canada. Again it may not happen.
2) Citizenship Test - Its online but you have an option to give the test from Outside Canada too. Once you get the test invite email, you have to reply to that saying you are currently not in Canada and they will approve for you to give it from Outside Canada too. In many cases they expect you to submit boarding pass so they can confirm that you have returned back to Canada. This also triggers Interview process before Oath is confirmed. Better if you can plan to give your Test in Canada.
3) Oath - For this in max cases you have to be in Canada. Generally you do get 21 day advance notice before the actual Oath. You can plan your travel within that timeframe.

As your application is just submitted I will suggest you to go with the flow and inform IRCC when the above activities require you to explicitly state it. if possible be in Canada when its needed(Will save unnecessary hold on your application).
 
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Xxsaraxx

Star Member
Jun 7, 2017
98
40
The taxation part is right as your husband is non resident. There are three parts in the citizenship processing lifecycle where your contribution is needed.
1) Fingerprint request - Optional, may not happen and your Background may get completed without it. If its requested you may have to submit it. I have read some people submitting it from outside Canada too but it would be better if you can do it from Canada. Again it may not happen.
2) Citizenship Test - Its online but you have an option to give the test from Outside Canada too. Once you get the test invite email, you have to reply to that saying you are currently not in Canada and they will approve for you to give it from Outside Canada too. In many cases they expect you to submit boarding pass so they can confirm that you have returned back to Canada. This also triggers Interview process before Oath is confirmed. Better if you can plan to give your Test in Canada.
3) Oath - For this in max cases you have to be in Canada. Generally you do get 21 day advance notice before the actual Oath. You can plan your travel within that timeframe.

As your application is just submitted I will suggest you to go with the flow and inform IRCC when the above activities require you to explicitly state it. if possible be in Canada when its needed(Will save unnecessary hold on your application).
Thank you so much! All the information you provided is extremely helpful! God bless!!
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
i have applied for my citizenship in December 2022, and now I’m moving to the UK to join my husband as we’ve been living apart for quite some time. Now does this put my application in some sort of risk? We plan to move back to Canada together once he receives his PR and I don’t mind traveling back and forth for any applications related appointments. I don’t know if I need to inform IRCC, please advise.

Also, I still file my taxes as single as my husband is a non resident so I think it doesn’t matter, but does this effect my citizenship application as I have put my marital status as married in the application?
Some Observations:

Main caution is in regards to continuing to be eligible to sponsor a spouse's PR visa application: PR sponsors must be IN Canada to be eligible.
As noted in other thread, brief travel abroad is not ordinarily a problem, BUT "moving" outside Canada while a sponsorship application is pending is RISKY. It is difficult, very difficult to quantify the risk. That said, if IRCC determines a PR sponsor is living abroad before the spouse's PR application is approved, so far as we can discern the risk is at least high, if not quite high, that will sabotage the application. If IRCC determines a PR sponsor is living abroad before the PR is approved to sponsor, that will almost for sure result in the application being denied.

I am not familiar with the current forms for sponsoring spouses, but generally all IRCC applications require applicants to timely notify IRCC of material changes in the information. Moving to a new address, and for the sponsorship application in particular, moving outside Canada is for sure the kind of material matter in regards to which the applicant needs to notify IRCC of any changes.

Note that "moving" abroad is NOT the same as "traveling" outside Canada. Neither is cause for IRCC to deny the citizenship application, but in addition to increased logistical risks (like failing to timely respond to requests or attend a scheduled event) attendant moving abroad versus short trips outside Canada, it still appears that there are still significant risks of procedural complications we have seen historically, even if, perhaps, to a lesser extent now. Many appear to encounter few or no issues, despite living abroad after applying, but there continues to be no shortage of ongoing cases in which it is apparent that this has been a significant factor, both in regards to non-routine processing and longer processing timelines. To be clear, the applicant who moves abroad after applying is still eligible and if qualified should eventually get to taking the oath (only in Canada), but the jury is still out in regards to how much risk of disruption and delay these applicants face.

Marital status in Canadian tax filings: I generally steer clear of addressing tax related questions here. This is not a reliable venue for getting tax filing information, and I do not have the knowledge base needed to offer much information about filing taxes (anywhere, let alone Canada). That said, some things are clear (and not just that this forum tends to be rife with all sorts of BAD tax advice). One thing that is clear is the difference between what the person filing a tax return declares in regards to marital status versus filing a separate tax return. Married persons filing a Canadian tax return are obligated to truthfully declare their marital status, just like any other information they declare in a return. If married, the taxpayer needs to declare they are married. They can (and this is actually typical in Canada) then proceed to file a separate tax return (as in NOT a joint return); it is entirely feasible that one spouse must file a Canadian tax return while the other does not (albeit this can be a bit tricky and depends on very specific factors). It warrants noting that there are many benefits and credits which in part depend on a spouse's income and such, so failing to properly report one's status could lead to a fraudulent return (if, for example, the taxpayer gets this or that benefit they should not otherwise get if married unless the spouse also files a return and the benefit or credit is properly determined).
 

Xxsaraxx

Star Member
Jun 7, 2017
98
40
Some Observations:

Main caution is in regards to continuing to be eligible to sponsor a spouse's PR visa application: PR sponsors must be IN Canada to be eligible.
As noted in other thread, brief travel abroad is not ordinarily a problem, BUT "moving" outside Canada while a sponsorship application is pending is RISKY. It is difficult, very difficult to quantify the risk. That said, if IRCC determines a PR sponsor is living abroad before the spouse's PR application is approved, so far as we can discern the risk is at least high, if not quite high, that will sabotage the application. If IRCC determines a PR sponsor is living abroad before the PR is approved to sponsor, that will almost for sure result in the application being denied.

I am not familiar with the current forms for sponsoring spouses, but generally all IRCC applications require applicants to timely notify IRCC of material changes in the information. Moving to a new address, and for the sponsorship application in particular, moving outside Canada is for sure the kind of material matter in regards to which the applicant needs to notify IRCC of any changes.

Note that "moving" abroad is NOT the same as "traveling" outside Canada. Neither is cause for IRCC to deny the citizenship application, but in addition to increased logistical risks (like failing to timely respond to requests or attend a scheduled event) attendant moving abroad versus short trips outside Canada, it still appears that there are still significant risks of procedural complications we have seen historically, even if, perhaps, to a lesser extent now. Many appear to encounter few or no issues, despite living abroad after applying, but there continues to be no shortage of ongoing cases in which it is apparent that this has been a significant factor, both in regards to non-routine processing and longer processing timelines. To be clear, the applicant who moves abroad after applying is still eligible and if qualified should eventually get to taking the oath (only in Canada), but the jury is still out in regards to how much risk of disruption and delay these applicants face.

Marital status in Canadian tax filings: I generally steer clear of addressing tax related questions here. This is not a reliable venue for getting tax filing information, and I do not have the knowledge base needed to offer much information about filing taxes (anywhere, let alone Canada). That said, some things are clear (and not just that this forum tends to be rife with all sorts of BAD tax advice). One thing that is clear is the difference between what the person filing a tax return declares in regards to marital status versus filing a separate tax return. Married persons filing a Canadian tax return are obligated to truthfully declare their marital status, just like any other information they declare in a return. If married, the taxpayer needs to declare they are married. They can (and this is actually typical in Canada) then proceed to file a separate tax return (as in NOT a joint return); it is entirely feasible that one spouse must file a Canadian tax return while the other does not (albeit this can be a bit tricky and depends on very specific factors). It warrants noting that there are many benefits and credits which in part depend on a spouse's income and such, so failing to properly report one's status could lead to a fraudulent return (if, for example, the taxpayer gets this or that benefit they should not otherwise get if married unless the spouse also files a return and the benefit or credit is properly determined).
Thank you so much for your valuable reply. Based on all research and answers, we have decided not to apply for my husband’s PR until my citizenship processing is done, I think that’s much better. I did apply through a representative for communication reasons, and I’m okay to travel if needed, regardless is there anything to keep in mind?

With regards to tax filing I think I’ll give CRA a call to figure out what would be the right thing to do.