Disclosing Intent of Moving to the US in Citizenship Application

[Wacky1.nash]

So I know there are many posts discussing the risks faced by applicants who leave Canada after applying for citizenship. I have read the advice posted by the VIP members here, and I must say there are some that are very well-thought through and artfully articulated. I understand there are "procedural and logistical risks" as @dpenabill put it. However due to my personal situation, my move is unavoidable and cannot be delayed by very much time either. So, I am trying to assess how these risks can be mitigated, and I was wondering if disclosing intent in the application may help.

My situation - I moved to Canada on a PR (Express Entry, Ontario PNP) on July 7 2018. I will be eligible to apply for citizenship as of October 09 2021. In my first year here, I happened to fall in love with an American and we eventually got married in October 2020. My husband lives in the USA. Initially, when we were first talking about moving in together/ getting married, the plan was for him to move here by application of PR (family based) for him. But things changed in the beginning of 2020, when his father's medical condition deteriorated. My husband told me he does not want to move to Canada because he couldn't move to a different country than his family right now. So, we switched the plan and decided I would move to the US instead by applying for an IR1/CR1 visa (greencard). That process is well underway at this point and we are expecting approval latest march 2022. I will be moving immediately after the approval whenever that happens. Note- My father-in-law has since passed away, but he is survived by my husband’s mother, and my husband is still reluctant to leave the country as she now is alone. While we have no immediate plans of returning to Canada to live, I want to keep the door open for the future, mainly because I do feel a bond to the country, having worked to emigrate here and lived here for 3 years.

What can I do to mitigate the risk of my citizenship application being put into Non-Routine Processing or getting Denied?

I will be waiting 30 days after my date of eligibility to apply, and I will also try to leave the country only after waiting at-least 30 days after date of submission. I will also make every attempt to make sure my application is completely accurate and any irregularities explained via LOEs (and I have a number of these, especially owing to question 13 and having lived and visited many countries right from birth until now.)

But, I was wondering if being transparent with IRCC will help my case. I am thinking of presenting my application with a Cover letter indicating my intent to leave Canada to reside with my husband (basically what I explained as my situation above). I would like to be forthcoming to demonstrate I have no malicious intent; I just happened to have fallen into such a situation. I have read from previous opinions here, that the application cannot be denied on the basis of leaving the country alone, but extra scrutiny can be expected, and this is rooted in the human bias against people seeking citizenship of convenience. Considering that I am leaving, not for any monetary gain (such as for a job with higher pay) but for a personal family situation, would explaining that right at the get go help my case?

Note - I have called IRCC, described my situation and they have assured me it should in no way affect my application or the processing time.

 

[rajkamalmohanram]

So I know there are many posts discussing the risks faced by applicants who leave Canada after applying for citizenship. I have read the advice posted by the VIP members here and I must say there are some that are very well-thought through and artfully articulated. I understand there are "procedural and logistical risks" as @dpenabill put it. However due to my personal situation, my move is unavoidable and cannot be delayed by very much time either. So, I am trying to assess how these risks can be mitigated, and I was wondering if disclosing intent in the application may help.

My situation - I moved to Canada on a PR (Express Entry, Ontario PNP) on July 7 2018. I will be eligible to apply for citizenship as of October 09 2021. In my first year here, I happened to fall in love with an American and we eventually got married in October 2020. My husband lives in the USA. Initially, when we were first talking about moving in together/ getting married, the plan was for him to move here by application of PR (family based) for him. But things changed in the beginning of 2020, when his father's medical condition deteriorated. My husband told me he does not want to move to Canada because he couldn't move to a different country than his family right now. So, we switched the plan and decided I would move to the US instead by applying for an IR1/CR1 visa (greencard). That process is well underway at this point and we are expecting approval latest march 2022. I will be moving immediately after the approval whenever that happens. Note- My father-in-law has since passed away, but he is survived by his mother, and my husband is still reluctant to leave the country as she now is alone. While we have no immediate plans of returning to Canada to live, I want to keep the door open for the future, mainly because I do feel a bond to the country, having worked to emigrate here and lived here for 3 years.

What can I do to mitigate the risks of my citizenship application being put into Non-Routine Processing or getting Denied?

I will be waiting 30 days after my date of eligibility to apply, and I will also try to leave the country only after waiting at-least 30 days after date of submission. I will also make every attempt to make sure my application is completely accurate and any irregularities explained via LOEs (and I have a number of these, especially owing to question 13 and having lived and visited many countries right from birth until now.)

But, I was wondering if being transparent with IRCC will help my case. I am thinking of presenting my application with a Cover letter indicating my intent to leave Canada to reside with my husband (basically what I explained as my situation above). The would like to be forthcoming to demonstrate I have no malicious intent; I just happened to have fallen into such a situation. I have read from previous opinions here, that the application cannot be denied on the basis of leaving the country alone, but extra scrutiny can be expected, and this is rooted in the human bias against people seeking citizenship of convenience. Considering that I am leaving, not for any monetary gain (such as for a job with higher pay) but for a personal family situation, would explaining that right at the get go help my case?

Note - I have called IRCC, described my situation and they have assured me it should in no way affect my application or the processing time.

First things first - Thanks for taking the time to provide all the details before asking questions. Not many people do that. The scenario they describe would be in a total of 5 words and they would ask 10 questions related to that scenario.

Nothing good is going to come out of "disclosing your intent to move to the US" to IRCC when you are submitting your citizenship application. Though the "intent to reside in the country" clause has been done a way with, like @dpenabill bill has mentioned repeatedly, "disclosing" this information unnecessarily might invite additional scrutiny to your application.

The key points to keep in mind are the follows :

1. You MUST maintain a valid PR status up until the point of taking oath

What I mean by this is your PR status must NOT come into question at any time up until the time of taking oath. You can be sure you are maintaining PR status by being physically present in Canada for at least 2 years in a 5 year period. In other words, you cannot be outside Canada for 3 years or more in a 5 year period. Please note that expiry of your PR card will NOT affect your citizenship application.

2. Be prepared to come to Canada to re-send your application, for the citizenship test, interview and oath ceremony

If, unfortunately, your application is "returned" (for paper application, at least), you will have to come back to Canada to resend the application. If you are submitting an online application, then I guess you can may be re-file the application from outside Canada. Maintain an address in Canada. You should also be able to travel to Canada for the citizenship test, interview (if you are invited for one) and the oath ceremony. These events can take place only when you are physically present in Canada.

3. Keep the "intention of moving to the US" to yourself

There is NO NEED to disclose this intent to IRCC. Like I already said, nothing good will come out of it. You will NOT be misrepresenting yourself if you don't disclose this because the law and the rules governing the citizenship grant process don't require these disclosures. As long as you are eligible to apply, you are providing correct and complete information for what is asked on the application form and providing legit and complete documentation, you are good to go. Voluntarily disclosing this to IRCC is absolutely unnecessary and will do more harm than good IMO - There might be additional scrutiny on your file. Do NOT tell them anything more than you actually have to.

4. You might get a Residency Questionnaire if you have long absences from the country

If you are absent from the country for a long time (which you will be in your case), you should understand that you might receive a Residency Questionnaire (RQ). There is a "lite" version and then there is the "full blown" version. Generally, even if issued a RQ, they issue the former. RQ lite consists of documents such as all pages of the passport, your Provincial Health Summary Claims, Proof of tenancy/house ownership, your government issued IDs (health card / DL), employment records, NOAs for your tax returns among other documents. You can see a sample of RQ-Lite.

However, the "Full Blown" RQ is much more detailed. Here's a sample of the full-blown RQ.

Be prepared to tackle this situation, in case you get such a request.

5. Be aware of the tax implications

I hear that the tax laws in US are extremely complex (especially the laws that talk about taxing your worldwide income). I am not that well versed on tax implication for Canadian Permanent residents residing abroad, may be @canuck78 can clear that up for you. But be aware of what is expected of you from both the CRA and the IRS and make sure you file in the paperwork correctly.

I wish you and your husband all the best!

Good luck!

 

[Wacky1.nash]

@rajkamalmohanram
Thanks for the detailed response.

But wouldn’t IRCC find out anyway that I am no longer in the country? It is instructed on IRCC website that while it is ok to leave the country after submitting the citizenship application, one should inform them should it be for more than 2 weeks.

Also, I have read that IRCC notes if an applicant enters the country just before an interview/ test/ oath Cermony And that could also trigger an RQ.

Thanks very much for the sample RQ. I will go through them. Hope they aren’t too onerous.

Also, Side note - IRCC informed me that contrary to what is on the website, I need not maintain an address in Canada for them to send me communication. They normally do not mail it outside Canada, but there is an exception for the United States.

 

[harirajmohan]

@rajkamalmohanram
1. But wouldn’t IRCC find out anyway that I am no longer in the country? It is instructed on IRCC website that while it is ok to leave the country after submitting the citizenship application, one should inform them should it be for more than 2 weeks.

2. Also, I have read that IRCC notes if an applicant enters the country just before an interview/ test/ oath Cermony And that could also trigger an RQ.

1. They ask you to update the address so that you dont miss the communication letters on test/interview/oath. But now its online hence its really not necessary. Some officers would even put the file on hold till you return back is the real risk in giving foreign address.

2. Where do you see it? THis reason cannot be a part of RQ trigger rules.

 

[dpenabill]

2. Also, I have read that IRCC notes if an applicant enters the country just before an interview/ test/ oath Cermony And that could also trigger an RQ.

2. Where do you see it? THis reason cannot be a part of RQ trigger rules.

Criteria currently used by IRCC in deciding which citizenship applicants are issued Residence Questionnaire is confidential.

Last public version available, referring to reasons-to-question-residency, did include this (that was in the appendix to Operational Manual CP 5 "Residence," which was replaced by a confidential version during the Harper government years, and overall those operational manuals have been replaced by Program Delivery Instructions, or "PDIs," the public versions of which do not include confidential information like RQ triage criteria). That was BEFORE the Harper government's effort to include an "intent" requirement; had nothing to do with "intent to reside."

There is nothing which restricts or prohibits IRCC from making a decision to issue RQ based on this. It is not prohibited discrimination (like, say, racial profiling as a trigger for issuing RQ would be). Note, even if a case goes to the Federal Court, the Certified Tribunal Record will NOT include what factors were considered in making the decision to issue RQ. This is not discoverable information. Even the Federal Court justice will not be privy to the reasons. Decision to issue RQ is not subject to challenge. Decision to issue RQ is not subject to fair procedure requirements (excepting, for example, a challenge based on a Charter violation or unlawful discrimination, which would be difficult to know about let alone prove, and hopefully does not happen).

All that said, based on collating numerous sources, it appears that currently this is not employed as a "trigger" for RQ but most likely can be a factor in the decision-making to issue RQ. That is, it alone probably does not cause RQ to be issued, but it is almost certainly "part" of what is considered.

@Wacky1.nash -- It appears you have already become acquainted with most of the available information about this issue. And @rajkamalmohanram provided a comprehensive outline of the key elements. At this juncture what you are asking is akin to getting advice about how and when to cross a very busy highway with no protected crosswalk, the sort of thing many do, successfully, but making the decision to step off the sidewalk and venture to the other side demands personal decision-making based on present contingencies. Proceed when it is safe to do so. Which does not actually say much about when to proceed or how. That's up to you to decide.

There is not much more I can add (you appear to have already read much of what I have observed about this topic).

The "address" issue is indeed one of the more tricky aspects of this. Many appear to be comfortable deceiving IRCC about their actual home address (applicants must affirm they will notify IRCC if information in the application changes). It is hard to say how many who successfully navigate the process do so without making any misrepresentations, by omission or otherwise. As some may note, it is easier to slide through to the extent email communications are employed.

There is nothing about moving abroad, in itself, which disqualifies a PR from a grant of citizenship. There is a lot about moving abroad before taking the oath that does not sit well with a lot of Canadians, including more than a few in the government. The latter, in turn, does not sit well with others, the usual suspects one might say. Many do this successfully, or at least so it appears. How to do it, therein, to be so trite as to quote the Bard, "therein lies the rub."

 

[rajkamalmohanram]

@rajkamalmohanram
Thanks for the detailed response.

But wouldn’t IRCC find out anyway that I am no longer in the country? It is instructed on IRCC website that while it is ok to leave the country after submitting the citizenship application, one should inform them should it be for more than 2 weeks.

Yes, they will find out and hence my post about the RQ. Yes, you can tell them when you leave the country. A "I will be out of country for more than 2 weeks" is sufficient. I don't think the disclosure of the plan that you intend to permanently move to the US with your husband is necessary.

Also, I have read that IRCC notes if an applicant enters the country just before an interview/ test/ oath Cermony And that could also trigger an RQ.

Not sure about this, I haven't seen any cases.

Thanks very much for the sample RQ. I will go through them. Hope they aren’t too onerous.

Also, Side note - IRCC informed me that contrary to what is on the website, I need not maintain an address in Canada for them to send me communication. They normally do not mail it outside Canada, but there is an exception for the United States.

That's good then.

 

[rajkamalmohanram]

1. They ask you to update the address so that you dont miss the communication letters on test/interview/oath. But now its online hence its really not necessary. Some officers would even put the file on hold till you return back is the real risk in giving foreign address.

2. Where do you see it? THis reason cannot be a part of RQ trigger rules.

I used the word "might". I didn't say "You absolutely will receive RQ". The applicant needs to be aware of all the risks and I just did that - made the OP aware of the risk of RQ.

 

[harirajmohan]

I used the word "might". I didn't say "You absolutely will receive RQ". The applicant needs to be aware of all the risks and I just did that - made the OP aware of the risk of RQ.

I thought that he read it in IRCC site hence asked where he read. I didnt know if its a quote from someone in forum.

 

[maverick_bigapple]

@Wacky1.nash Considering that I'm in a similar situation and will be filing my citizenship application soon, a couple of questions I have follow-

(i) Did you have the CR1/IR1 VISA issued and stamped in your passport when you applied for Canadian citizenship? If yes, did you list it in the Immigration statuses you've held in any country other than Canada?
(ii) Did you hold any other US VISA prior to being issued the IR1/CR1? I only ask since I held a B1/B2 that was canceled upon issuance of the CR1/IR1 and wasn't sure what date I should list as the end date for the B1/B2
(iii) Assuming that you've activated your CR1/IR1 VISA already, were you questioned about your status and the intent to acquire Canadian citizenship at the POE?
(iv) Are there any specifics (CR1/IR1 VISA stamp et al) that you attached with your Canadian citizenship application to explain your situation/case?

Many thanks!
NK