Urgent !! Can I legally represent my husband at his citizenship interview ?

[Jane Andrews]

During the interview, officer usually gets you to sign a declaration document which I do not think can be done by a representative. Being a representative only allows you to communicate with CIC on the applicant's behalf but still not sign these documents. I think you still have time to do things in parallel.. apply for the travel document and reach out to CIC explaining the situation.

My only worry is that if I explain to them by email they then postpone his interview to months ahead and then ofcourse his oath would also be pushed ahead , yes he would then have his travel document by the time for the interview but it still means he will have to wait for his oath day which could be one month later or even three months later , due to his job overseas he can’t be away that long so he will travel back overseas again and ofcourse need to get another travel document again to come back for the oath , while his residency days in this second trip might be almost over , subsequently might affect the approval of his second travel document , that’s why it is crucial that we don’t delay this interview but how can you explain all this to cic???

 

[ZingyDNA]

My only worry is that if I explain to them by email they then postpone his interview to months ahead and then ofcourse his oath would also be pushed ahead , yes he would then have his travel document by the time for the interview but it still means he will have to wait for his oath day which could be one month later or even three months later , due to his job overseas he can’t be away that long so he will travel back overseas again and ofcourse need to get another travel document again to come back for the oath , while his residency days in this second trip might be almost over , subsequently might affect the approval of his second travel document , that’s why it is crucial that we don’t delay this interview but how can you explain all this to cic???

His residency days after he submitted his application don't matter.

 

[Jane Andrews]

Yes but as you know the travel document is only for one trip and after his interview he will travel back overseas, then once he gets his letter for oath ceremony he will again need to apply for another travel document , that’s when his residency days would be over then what do we do ??

 

[ZingyDNA]

Yes but as you know the travel document is only for one trip and after his interview he will travel back overseas, then once he gets his letter for oath ceremony he will again need to apply for another travel document , that’s when his residency days would be over then what do we do ??

I don't quite understand what you mean.. If he had enough residency days on the day he signed his application, he'll be eligible for citizenship no matter how delayed his oath day will be.

 

[spyfy]

His residency days after he submitted his application don't matter.

This is incorrect!

You must remain a PR in good standing until the oath of citizenship.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html

"After we approve your application, you may not be able to take the Oath and become a citizen if you:
lose permanent resident status
have been asked by Canadian officials to leave Canada (removal order)"

So if you are out of your Residency obligation and you PR status is put into question, your citizenship application will be put on hold until your PR status is fine. If the applicant is below 2/5 years, they will lose their PR status and therefore also the right to obtain citizenship.

This also answers your question in your last post.

 

[spyfy]

If I remember correct there is also an `urgent` processing of PRTD. Let him reach out to his local VAC asap. Moreover, if his PRTD is approved, his residency obligation is waived-off / locked on the date of approval.

Just to be clear: You mean that once you obtain a PRTD, you can travel to Canada until the PRTD expires, no matter the days. So this works only once. Next time the person applies for a PRTD, the whole 2/5 rule is reassessed anew.

I'm pretty sure that you know that and meant that but wanted to clarify for other people who are following this thread.

 

[scylla]

My only worry is that if I explain to them by email they then postpone his interview to months ahead and then ofcourse his oath would also be pushed ahead , yes he would then have his travel document by the time for the interview but it still means he will have to wait for his oath day which could be one month later or even three months later , due to his job overseas he can’t be away that long so he will travel back overseas again and ofcourse need to get another travel document again to come back for the oath , while his residency days in this second trip might be almost over , subsequently might affect the approval of his second travel document , that’s why it is crucial that we don’t delay this interview but how can you explain all this to cic???

No matter what the situation, you CANNOT appear in his place for the interview. He MUST be there in person. There is no point trying to explain or argue that you should be allowed to appear on his behalf. This is not going to happen. Again, he must be there in person.

So either he makes it to Canada in time to appear in person - or the interview has to be postponed. Those are the only two options available to you.

 

[ZingyDNA]

This is incorrect!

You must remain a PR in good standing until the oath of citizenship.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html

"After we approve your application, you may not be able to take the Oath and become a citizen if you:
lose permanent resident status
have been asked by Canadian officials to leave Canada (removal order)"

So if you are out of your Residency obligation and you PR status is put into question, your citizenship application will be put on hold until your PR status is fine. If the applicant is below 2/5 years, they will lose their PR status and therefore also the right to obtain citizenship.

This also answers your question in your last post.

Whoops. You're right. Somehow I forgot about this "PR must be in good standing thing". But for most people, even they fly away on the day of application, they still have enough residency days to maintain PR till oath, as they can stay abroad for up to 3 years...

 

[scylla]

Yes but as you know the travel document is only for one trip and after his interview he will travel back overseas, then once he gets his letter for oath ceremony he will again need to apply for another travel document , that’s when his residency days would be over then what do we do ??

This isn't quite true. PRTDs can be multiple entry. It will be up to IRCC if they issue a single or multiple entry.

 

[spyfy]

Whoops. You're right. Somehow I forgot about this "PR must be in good standing thing". But for most people, even they fly away on the day of application, they still have enough residency days to maintain PR till oath, as they can stay abroad for up to 3 years...

Yeah most people yes, but it seems that the person we are talking about here is one of the rare cases where this is a problem. It's almost a mathematical achievement to be eligibile for citizenship but at the same time to be close to breaching the RO, but it's posible

 

[ZingyDNA]

Yes but as you know the travel document is only for one trip and after his interview he will travel back overseas, then once he gets his letter for oath ceremony he will again need to apply for another travel document , that’s when his residency days would be over then what do we do ??

Sorry I missed something in my previous reply to you. I think your husband can still enter Canada through land border with an expired PR card. So don't postpone the interview and hopefully the oath will come soon enough, before he can no longer meet the residency obligation.

 

[scylla]

He doesn’t speak English that’s why I’m dealing with all this

Hopefully you're aware that as part of the interview, his English or French language abilities will be verbally assessed. Doesn't matter if he doesn't have to take the test or provide language evidence due to his age. A basic working knowledge of English or French is still a requirement. This is one of the many reasons why he needs to be there in person for the interview.

 

[spyfy]

Hopefully you're aware that as part of the interview, his English or French language abilities will be verbally assessed. Doesn't matter if he doesn't have to take the test or provide language evidence due to his age. A basic working knowledge of English or French is still a requirement. This is one of the many reasons why he needs to be there in person for the interview.

I would be curious: Would you know what this is legally based on, i.e. that they still require English knowledge even if over 55? Like, the Citizenship Act makes a clear cutoff so I would be curious how they are allowed to do that?

Of course I don't want to discuss if this is good or bad, I'm just wondering how they can still require working knowledge.

 

[scylla]

I would be curious: Would you know what this is legally based on, i.e. that they still require English knowledge even if over 55? Like, the Citizenship Act makes a clear cutoff so I would be curious how they are allowed to do that?

Of course I don't want to discuss if this is good or bad, I'm just wondering how they can still require working knowledge.

The test isn't required over 55 or proof of language abilities - but as far as I know, a working knowledge of one of Canada's languages is (or at least it was fairly recently). A friend of mind saw someone run into trouble about 2 years ago at the interview. The lady who was being interviewed couldn't string sentences together. Family member kept trying to intervene. Judge kept telling family member to stop and that the lady (applicant) needed to be able to answer on her own in either English or French. Judge was saying this was a serious problem and was starting to explain the importance of having a basic knowledge in one of Canada's official languages. My friend then had to leave the room and didn't hear the rest.

 

[amitdi]

Can you replace husband? By all means
Can you replace husband "just" for the citizenship interview? No
But if you are okay to live in the constant fear of citizenship being stripped because of fraud, then by all means go ahead.