Becoming non-resident after applying for citizenship

[xabialonz]

Hi forum

I applied for citizenship in late 2020. I know that the application processing is delayed at the moment and it could take up to two years before completion.

I need to leave Canada for a while and go work elsewhere. This would involve becoming non-resident (for tax purposes).

I know that you are allowed to leave Canada after you apply. I have PR, obviously, and also I don't think there is a situation where I could lose PR before my citizenship application is complete. https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=911&top=5

I'm 90% sure that I'm fine to leave Canada properly and still become a citizen. However, the govt site above just broadly mentions 'leaving Canada', not specifics about the situation - temporarily, vacation, long-term etc. so I'm just looking for peace of mind that I'm ok to cut ties from a tax/resident perspective for a while and still become a citizen.

(I know that I need to do the citizenship test and oath, and that technically, they need to happen in Canada (although seeing that recently they're allowing people to do that from abroad, too))

Has anybody done the same?

 

[harirajmohan]

Hi forum

I applied for citizenship in late 2020. I know that the application processing is delayed at the moment and it could take up to two years before completion.

I need to leave Canada for a while and go work elsewhere. This would involve becoming non-resident (for tax purposes).

I know that you are allowed to leave Canada after you apply. I have PR, obviously, and also I don't think there is a situation where I could lose PR before my citizenship application is complete. https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=911&top=5

I'm 90% sure that I'm fine to leave Canada properly and still become a citizen. However, the govt site above just broadly mentions 'leaving Canada', not specifics about the situation - temporarily, vacation, long-term etc. so I'm just looking for peace of mind that I'm ok to cut ties from a tax/resident perspective for a while and still become a citizen.

(I know that I need to do the citizenship test and oath, and that technically, they need to happen in Canada (although seeing that recently they're allowing people to do that from abroad, too))

Has anybody done the same?

No issues. Some are in US and in other countries while application is in progress. As test can be attended from being outside, you just need to plan for coming inside for oath. Not sure if we can attend interview(if any) from outside but you can plan for that too.
Tax filing status after citizenship application has no impact.

 

[bellaluna]

Yes, you could definitely lose PR status before you are granted citizenship. There’ve been reported cases here of people’s citizenship applications being denied because they failed to keep PR status (2 years out of the last rolling 5 years).

 

[rajkamalmohanram]

Hi forum

I applied for citizenship in late 2020. I know that the application processing is delayed at the moment and it could take up to two years before completion.

I need to leave Canada for a while and go work elsewhere. This would involve becoming non-resident (for tax purposes).

I know that you are allowed to leave Canada after you apply. I have PR, obviously, and also I don't think there is a situation where I could lose PR before my citizenship application is complete. https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=911&top=5

I'm 90% sure that I'm fine to leave Canada properly and still become a citizen. However, the govt site above just broadly mentions 'leaving Canada', not specifics about the situation - temporarily, vacation, long-term etc. so I'm just looking for peace of mind that I'm ok to cut ties from a tax/resident perspective for a while and still become a citizen.

(I know that I need to do the citizenship test and oath, and that technically, they need to happen in Canada (although seeing that recently they're allowing people to do that from abroad, too))

Has anybody done the same?

No issues. Some are in US and in other countries while application is in progress. As test can be attended from being outside, you just need to plan for coming inside for oath. Not sure if we can attend interview(if any) from outside but you can plan for that too.
Tax filing status after citizenship application has no impact.

Yes, you could definitely lose PR status before you are granted citizenship. There’ve been reported cases here of people’s citizenship applications being denied because they failed to keep PR status (2 years out of the last rolling 5 years).

You can move out of Canada when your application is in progress.

You have to make sure that you still meet all the requirements for Citizenship which includes having your PR status in good standing - Your PR status must not be in question and you must continue to meet the RO of 2 / 5 years until you take the oath of citizenship.

 

[xabialonz]

Thanks for the quick responses!

Sounds like I am good then - I've had PR since Sept 2018, expiring Sept 2023, and I have already spent 2 years here since becoming PR.

The only thing that could railroad it is if the delay in processing goes past Sept 2023 and I need to renew PR, which it doesn't sound like will be the case (at least anecdotally anyway) - that would be nearly 3 years since initial citizenship application.

 

[harirajmohan]

Thanks for the quick responses!

Sounds like I am good then - I've had PR since Sept 2018, expiring Sept 2023, and I have already spent 2 years here since becoming PR.

The only thing that could railroad it is if the delay in processing goes past Sept 2023 and I need to renew PR, which it doesn't sound like will be the case (at least anecdotally anyway) - that would be nearly 3 years since initial citizenship application.

Dont count on your PR card expiry dates. Its nothing to do with your PR status and residency obligation.
Rule: 2 years of stay inside canada(730 days) out of last 5 years.
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

When did you apply for citizenship? When did you leave canada?

 

[xabialonz]

Dont count on your PR card expiry dates. Its nothing to do with your PR status and residency obligation.
Rule: 2 years of stay inside canada(730 days) out of last 5 years.
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

When did you apply for citizenship? When did you leave canada?

PR: Sept 2018
Applied for citizenship: Nov 2020

Haven't left Canada yet, I'm still here until probably January 2022. Since Sept 2018, I've already accumulated 730 days as a permanent resident to qualify again.

Is there anything to be concerned about do you think?

 

[rajkamalmohanram]

PR: Sept 2018
Applied for citizenship: Nov 2020

Haven't left Canada yet, I'm still here until probably January 2022. Since Sept 2018, I've already accumulated 730 days as a permanent resident to qualify again.

Is there anything to be concerned about do you think?

The 5 year period is a "rolling period". Meaning in August 2021, you should have at least 2 years of residence in Canada from 2016 August to 2021 August. In January 2022, you should have at least 2 years of residence in Canada from 2017 Jan to 2021 Jan.

If you leave Canada in 2022 Jan and decide to come back in 2024 Jan, for example, you will be assessed like this : Do you have at least 2 years of physical presence in Canada from 2019 Jan to 2024 Jan. Any time you've spent in Canada before 2019 Jan doesn't count. If yes, it means you've retained your PR status. Otherwise, they might initiate revocation proceedings. You can't lose PR status automatically. You should go through an official process for that. Your PR status is assessed every time you apply for a PR card (renewal) / PRTD. It will also be assessed before they make a decision on your citizenship application AFAIK. Even on the oath date, you have to sign a document confirming you don't have any criminal or immigration proceedings against you (immigration proceedings include loss of or investigation into your PR status).

 

[harirajmohan]

PR: Sept 2018
Applied for citizenship: Nov 2020

Haven't left Canada yet, I'm still here until probably January 2022. Since Sept 2018, I've already accumulated 730 days as a permanent resident to qualify again.

Is there anything to be concerned about do you think?

Its based on when you plan to come back.
Even if you leave today you can logically stay outside for 3 years without any issues till Aug 2024. Make sure you have resided for 730 days from Aug 2019 to Aug 2024. Same with Jan2022 to Jan 2025 you can stay outside(minus your vacation days which will prepone your arrival to Dec2024 or before).

 

[xabialonz]

The 5 year period is a "rolling period". Meaning in August 2021, you should have at least 2 years of residence in Canada from 2016 August to 2021 August. In January 2022, you should have at least 2 years of residence in Canada from 2017 Jan to 2021 Jan.

If you leave Canada in 2022 Jan and decide to come back in 2024 Jan, for example, you will be assessed like this : Do you have at least 2 years of physical presence in Canada from 2019 Jan to 2024 Jan. Any time you've spent in Canada before 2019 Jan doesn't count. If yes, it means you've retained your PR status. Otherwise, they might initiate revocation proceedings. You can't lose PR status automatically. You should go through an official process for that. Your PR status is assessed every time you apply for a PR card (renewal) / PRTD. It will also be assessed before they make a decision on your citizenship application AFAIK. Even on the oath date, you have to sign a document confirming you don't have any criminal or immigration proceedings against you (immigration proceedings include loss of or investigation into your PR status).

Its based on when you plan to come back.
Even if you leave today you can logically stay outside for 3 years without any issues till Aug 2024. Make sure you have resided for 730 days from Aug 2019 to Aug 2024. Same with Jan2022 to Jan 2025 you can stay outside(minus your vacation days which will prepone your arrival to Dec2024 or before).

Good to know about the rolling period, thanks!

I think using the examples above, we will be fine. If we leave in Jan 2022 then our rolling window will cover us to Jan 2025 as we'll have basically have covered our 730 days Jan 2020 - Jan 2022, minus a few days outside of the country. Citizenship should(!) be processed long before then, will know issues on our PR status.

 

[efl09]

In this link, they suggest informing CIC if leaving Canada for more than 2 weeks. But in the link attached in OP's post, this requirement was not mentioned. So not exactly sure if submitting web form is mandatory before leaving Canada.

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

 

[xabialonz]

In this link, they suggest informing CIC if leaving Canada for more than 2 weeks. But in the link attached in OP's post, this requirement was not mentioned. So not exactly sure if submitting web form is mandatory before leaving Canada.

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

I saw this, and will be contacting them to let them know (I actually need to do this as well for an upcoming 6 week trip I have, before the work move mentioned in the OP). I presume that it's to make sure you can adhere to the stipulations on that page:

• keep your permanent resident (PR) status
• can receive any letter mail, parcels and emails we send you after you submit your application
• can reply to our letters and emails within the specified time, usually within 30 days
• are available in person in Canada to attend your citizenship test (if you’re between 18 and 54 years of age), interview, and ceremony

Although I'll report back if it's for any other unknown reason that jeopardizes the application.

 

[harirajmohan]

I saw this, and will be contacting them to let them know (I actually need to do this as well for an upcoming 6 week trip I have, before the work move mentioned in the OP). I presume that it's to make sure you can adhere to the stipulations on that page:

• keep your permanent resident (PR) status
• can receive any letter mail, parcels and emails we send you after you submit your application
• can reply to our letters and emails within the specified time, usually within 30 days
• are available in person in Canada to attend your citizenship test (if you’re between 18 and 54 years of age), interview, and ceremony

Although I'll report back if it's for any other unknown reason that jeopardizes the application.

Its the old page, not updated, it might have been created when we had the rules of intention clauses etc. So you dont need to inform as long as you are available to come back for any oath.
Also we wouldnt want to put the file on hold based on out of country dates.

 

[dpenabill]

I saw this, and will be contacting them to let them know (I actually need to do this as well for an upcoming 6 week trip I have, before the work move mentioned in the OP). I presume that it's to make sure you can adhere to the stipulations on that page:

• keep your permanent resident (PR) status
• can receive any letter mail, parcels and emails we send you after you submit your application
• can reply to our letters and emails within the specified time, usually within 30 days
• are available in person in Canada to attend your citizenship test (if you’re between 18 and 54 years of age), interview, and ceremony

Although I'll report back if it's for any other unknown reason that jeopardizes the application.

Its the old page, not updated, it might have been created when we had the rules of intention clauses etc. So you dont need to inform as long as you are available to come back for any oath.
Also we wouldnt want to put the file on hold based on out of country dates.

No, it is NOT an "old page, not updated." In fact it was just updated August 12, 2021, just last week.

Its information about leaving Canada is NOT at all related to the so-called intent-to-reside in Canada provision which was formally repealed as of June 18, 2017 (more than four years ago) but was not being enforced for more than a year prior to that, and Bill C-6 which repealed that provision expressly provides that the law is to be applied as if no such provision ever existed.

(For clarification, the primary object of that provision, which was not in effect for very long before Trudeau formed the government and ceased enforcing it, was that it provided a stand alone ground for denying an application for any applicant determined to be residing abroad while that application was pending. It was a draconian, over-the-top, blatantly excessive approach. But its repeal does not otherwise obviate concerns or suspicions sometimes influencing the processing of an applicant perceived to be passport-shopping.)

REMINDER: apart from notifying IRCC, as stated in the instructions for citizenship applicants, remember that the applicant is REQUIRED to notify IRCC if the applicant changes the address where the applicant is living. The current application form still requires the applicant to verify the applicant will notify (well the application form uses the term "advise") IRCC if information in the application changes. Most of the information in the application is historical or fixed, that is information that does not change. Thus, in addition to information provided in the prohibitions item there is not much other than the applicant's home address which is information that can change. A change of address is clearly information for which IRCC requires notification.

It appears there is no shortage of applicants who appear to more or less make misrepresentations by omission in this regard (changing address without notifying IRCC of the change) AND it still goes OK. BUT we do not know much at all about the overall numbers, about how many more or less get-away-with-it (moving to live at a different address but not notifying IRCC of the change) versus the number who run into processing delays or outright problems.

Cavalier assurances it is OK to make misrepresentations, including by omission, are at best reckless. They are for-sure contrary to the instructions. Remember, when in doubt, follow the instructions; otherwise, yep, follow the instructions. (Recognizing there appears to be a substantial community of forum participants who are adverse to this approach . . . such as those who encourage concealing a change of address, especially to an address outside Canada, to avoid the prospect that might trigger non-routine processing or delays. Rather obviously, we disagree.)

There is some irony, but probably just as much disingenuousness, in statements claiming there is no problem for applicants moving to live abroad while their citizenship application is pending WHILE at the same time suggesting it is better not to notify IRCC they are now living abroad.

The logistical and procedural risks involved when an applicant is residing outside Canada have been discussed at length and in-depth in numerous topics, so I will not revisit those other than to note there are such risks.

 

[harirajmohan]

No, it is NOT an "old page, not updated." In fact it was just updated August 12, 2021, just last week.

Its information about leaving Canada is NOT at all related to the so-called intent-to-reside in Canada provision which was formally repealed as of June 18, 2017 (more than four years ago) but was not being enforced for more than a year prior to that, and Bill C-6 which repealed that provision expressly provides that the law is to be applied as if no such provision ever existed.

(For clarification, the primary object of that provision, which was not in effect for very long before Trudeau formed the government and ceased enforcing it, was that it provided a stand alone ground for denying an application for any applicant determined to be residing abroad while that application was pending. It was a draconian, over-the-top, blatantly excessive approach. But its repeal does not otherwise obviate concerns or suspicions sometimes influencing the processing of an applicant perceived to be passport-shopping.)

REMINDER: apart from notifying IRCC, as stated in the instructions for citizenship applicants, remember that the applicant is REQUIRED to notify IRCC if the applicant changes the address where the applicant is living. The current application form still requires the applicant to verify the applicant will notify (well the application form uses the term "advise") IRCC if information in the application changes. Most of the information in the application is historical or fixed, that is information that does not change. Thus, in addition to information provided in the prohibitions item there is not much other than the applicant's home address which is information that can change. A change of address is clearly information for which IRCC requires notification.

It appears there is no shortage of applicants who appear to more or less make misrepresentations by omission in this regard (changing address without notifying IRCC of the change) AND it still goes OK. BUT we do not know much at all about the overall numbers, about how many more or less get-away-with-it (moving to live at a different address but not notifying IRCC of the change) versus the number who run into processing delays or outright problems.

Cavalier assurances it is OK to make misrepresentations, including by omission, are at best reckless. They are for-sure contrary to the instructions. Remember, when in doubt, follow the instructions; otherwise, yep, follow the instructions. (Recognizing there appears to be a substantial community of forum participants who are adverse to this approach . . . such as those who encourage concealing a change of address, especially to an address outside Canada, to avoid the prospect that might trigger non-routine processing or delays. Rather obviously, we disagree.)

There is some irony, but probably just as much disingenuousness, in statements claiming there is no problem for applicants moving to live abroad while their citizenship application is pending WHILE at the same time suggesting it is better not to notify IRCC they are now living abroad.

The logistical and procedural risks involved when an applicant is residing outside Canada have been discussed at length and in-depth in numerous topics, so I will not revisit those other than to note there are such risks.

Whats the point in informing them on address change when they say "as long as you keep PR status, as long as you can receive cic mails etc, as long as you can come for test etc"?
Yes, old page in terms of not updated relevant to what they say, old page in terms of not updated based on current rules.

They asked candidates to inform them when it was during old era(pre-emailing era) when people can only receive communication through mails and when many leave country and abandon the application which wasted their time. They asked when there was intention clause.

So is there any law for them to ask candidates to inform cic? CIC can include any clauses based on 50 year practice but is it within their limits?

Passport shopping: Yes some are for passport shopping as long as Canada is doing immigrant shopping. Canada stands to benefit more than what it loses. So dont worry about it. Its much better than getting citizenship by descent - if this is based on law then passport shopping is based on law which you should not be quoting on it(anything beyond law). Its a bilateral trade - if its not the case then they should be giving PRs to only refugees and increase the wait time for passport shopping to 10-20 years. Shopping can be done elsewhere which you should know that. Immigrants' criminal records are way trustable than the local born citizens. So loyalty is not about just staying inside the country for name sake. Without intent clause, more immigrants are staying.

Old school Issues:
If all officers review the file without putting it on hold based on current law then everyone will update address freely without hesitation.
If all officers review file without asking on third party documents(I94, passport pages) then we can freely provide all updates on time without any second thoughts.
Based on current rule, cic doesnt require to know where i stayed, where i studied, where my kid studied, which hospital i went to etc. But unfortunately these unnecessary things are the basis of residency verification by officers which is against the law(since law is just asking to prove if i stayed inside the country for 1095 days which officer can get it plainly from cbsa with a simple query). Instead, they are doing age old verification(which happened when cbsa was not recording immigrants exits). RQ shouldnt even exist based on current law. They are just painting picture to avoid getting blamed on delays. You wont question them on it.
Funny and scary one: 20-30% get finger print verification but not the rest. How can cic trust the records just based on names(whereas names would have been changed before coming into the country). I expect restriction and rule to be brought in cic policy on needed ones first, which actually safeguards the laws and the country in real way. So you should first question cic on asking them to plug the real dangerous holes than things like passport shopping and address updates.

Not all officers go by current laws, not all cic policies are based on current laws which should be questioned and corrected first. If these are corrected then rest will be automatically corrected.