Physical presence days and job offer outside Canada

[neil_user]

Hello Everyone I am looking for your thoughts on applying for citizenship.

• I have been living in Canada as a PR for ~1000 days now.
• I have received a very good contract job from US for two yrs for which I would need to relocate. I plan to come back once the gig finishes.
• Have read citizenship requirements and I would be able to meet physical presence of 1095 days (would be able to visit Canada for 5 months in the next one yr to cover remaining 120 days, would add some buffer as well).
• Also planning to break my Canadian Tax residency once I move. I do meet the 3 yr tax filing requirement.

I would like to get some recommendation. Does this plan seem reasonable? If I meet all the requirements for Citizenship, will there be any issues in obtaining it given I make this move? Does tax residency status have any bearing on the application, given that the final yr tax filing would be a non-resident return?

Thanks in advance for your thoughts!

 

[neil_user]

Bumping this thread. @harirajmohan @vladikim @DonDraper Any thoughts on this?

 

[harirajmohan]

Hello Everyone I am looking for your thoughts on applying for citizenship.

• I have been living in Canada as a PR for ~1000 days now.
• I have received a very good contract job from US for two yrs for which I would need to relocate. I plan to come back once the gig finishes.
• Have read citizenship requirements and I would be able to meet physical presence of 1095 days (would be able to visit Canada for 5 months in the next one yr to cover remaining 120 days, would add some buffer as well).
• Also planning to break my Canadian Tax residency once I move. I do meet the 3 yr tax filing requirement.

I would like to get some recommendation. Does this plan seem reasonable? If I meet all the requirements for Citizenship, will there be any issues in obtaining it given I make this move? Does tax residency status have any bearing on the application, given that the final yr tax filing would be a non-resident return?

Thanks in advance for your thoughts!

No issues in moving out after applying for citizenship.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/working-in-usa-while-citizenship-application-is-in-process.754499/
No issues on tax status as you would file it only after you apply as citizenship application requires for the previous years, not for upcoming filing year which will be after a year.
Tax status change in between the year is nothing to do with citizenship eligibility as you just need 3 years of filing.

 

[neil_user]

No issues in moving out after applying for citizenship.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/working-in-usa-while-citizenship-application-is-in-process.754499/
No issues on tax status as you would file it only after you apply as citizenship application requires for the previous years, not for upcoming filing year which will be after a year.
Tax status change in between the year is nothing to do with citizenship eligibility as you just need 3 years of filing.

So I will be moving now (at 1000 days) and after I cover the remaining days (3 months) in a years time, I would file Citizenship application. Do you think it will be an issue?

 

[Orgcom]

Hello Everyone I am looking for your thoughts on applying for citizenship.

• I have been living in Canada as a PR for ~1000 days now.
• I have received a very good contract job from US for two yrs for which I would need to relocate. I plan to come back once the gig finishes.
• Have read citizenship requirements and I would be able to meet physical presence of 1095 days (would be able to visit Canada for 5 months in the next one yr to cover remaining 120 days, would add some buffer as well).
• Also planning to break my Canadian Tax residency once I move. I do meet the 3 yr tax filing requirement.

I would like to get some recommendation. Does this plan seem reasonable? If I meet all the requirements for Citizenship, will there be any issues in obtaining it given I make this move? Does tax residency status have any bearing on the application, given that the final yr tax filing would be a non-resident return?

Thanks in advance for your thoughts!

Try to apply for citizenship before you start moving in and out of Canada frequently. There is a chance that you will have a Residency Questioner if you are out of the country very often during your eligibility period. Your presence in Canada after you apply is not important:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/left-canada-after-applying-for-citizenship-received-employment-insurance-before-applying-for-citizenship-entering-canada-with-an-expired-pr-card.750577/

 

[harirajmohan]

So I will be moving now (at 1000 days) and after I cover the remaining days (3 months) in a years time, I would file Citizenship application. Do you think it will be an issue?

No, you dont need to be resident as many vistor status days itself are being considered for eligibility.
But they will try to verify the residence days closely which will delay few weeks/months but delays are already there due to covid for lot of us hence it wont be much different delay for you. So as long as you have enough days before you sign the application, you should be good.

So try to accumulate little more buffer days so that verification becomes easier for cic officer.

 

[DonDraper]

Hello Everyone I am looking for your thoughts on applying for citizenship.

• I have been living in Canada as a PR for ~1000 days now.
• I have received a very good contract job from US for two yrs for which I would need to relocate. I plan to come back once the gig finishes.
• Have read citizenship requirements and I would be able to meet physical presence of 1095 days (would be able to visit Canada for 5 months in the next one yr to cover remaining 120 days, would add some buffer as well).
• Also planning to break my Canadian Tax residency once I move. I do meet the 3 yr tax filing requirement.

I would like to get some recommendation. Does this plan seem reasonable? If I meet all the requirements for Citizenship, will there be any issues in obtaining it given I make this move? Does tax residency status have any bearing on the application, given that the final yr tax filing would be a non-resident return?

Thanks in advance for your thoughts!

Can you work remotely? are you moving to the US on any work visa?

Ideally, as per my conversation with the immigration consultant (previously worked in IRCC), it won't matter after you complete 1095 days. However, as everyone suggests here, it's always better to have a buffer # of days.

Two things that stood out as potential RQ is if you are out of the country during the Test, they may ask additional questions which you have to answer for example, what is your status in the country you visited. If you have any other country's permanent residency that may also raise a flag if citizenship is under process, as the officer may feel that you are willing to permanently reside in another country. I don't know for sure how true the above is but few things to take care of if you go in that direction.

 

[neil_user]

Can you work remotely? are you moving to the US on any work visa?

Ideally, as per my conversation with the immigration consultant (previously worked in IRCC), it won't matter after you complete 1095 days. However, as everyone suggests here, it's always better to have a buffer # of days.

Two things that stood out as potential RQ is if you are out of the country during the Test, they may ask additional questions which you have to answer for example, what is your status in the country you visited. If you have any other country's permanent residency that may also raise a flag if citizenship is under process, as the officer may feel that you are willing to permanently reside in another country. I don't know for sure how true the above is but few things to take care of if you go in that direction.

Yeah I will move on a work visa (not a PR of US). I am planning to have a buffer of 30-50 days before application. Was the consultant good, do you mind DM'ing me their contact details as well? Thanks

 

[mayple]

Hello Everyone I am looking for your thoughts on applying for citizenship.

• I have been living in Canada as a PR for ~1000 days now.
• I have received a very good contract job from US for two yrs for which I would need to relocate. I plan to come back once the gig finishes.
• Have read citizenship requirements and I would be able to meet physical presence of 1095 days (would be able to visit Canada for 5 months in the next one yr to cover remaining 120 days, would add some buffer as well).
• Also planning to break my Canadian Tax residency once I move. I do meet the 3 yr tax filing requirement.

I would like to get some recommendation. Does this plan seem reasonable? If I meet all the requirements for Citizenship, will there be any issues in obtaining it given I make this move? Does tax residency status have any bearing on the application, given that the final yr tax filing would be a non-resident return?

Thanks in advance for your thoughts!

Hello - why did you say "remaining 120 days". You only need 95 more if you've completed 1000.

Also, what do you mean 3 year tax filing requirement? I've looked at Citizenship eligibility requirements and I don't see anywhere where it says you must have 3 years of taxes filed.

Thanks for clarifying

 

[neil_user]

Hello - why did you say "remaining 120 days". You only need 95 more if you've completed 1000.

Also, what do you mean 3 year tax filing requirement? I've looked at Citizenship eligibility requirements and I don't see anywhere where it says you must have 3 years of taxes filed.

Thanks for clarifying

Would like to keep a buffer of 25 days!
Agree re: tax, it says if you needed to file have you filed it. My question comes from the point of whether it would be harmful for my Citizenship App if I file my last tax return as a non resident, I have filed/will file it as a resident from 2019-2021.

 

[DonDraper]

Would like to keep a buffer of 25 days!
Agree re: tax, it says if you needed to file have you filed it. My question comes from the point of whether it would be harmful for my Citizenship App if I file my last tax return as a non resident, I have filed/will file it as a resident from 2019-2021.

I know one of my friends moved to USA on H4 visa to reunite with a spouse after filing a citizenship application. All I got from them was only taxes filed with in 1095 days matters. While citizenship application is in process, taxes can be filed as a non-resident ( out of the country for > 180 days).

 

[mayple]

Would like to keep a buffer of 25 days!
Agree re: tax, it says if you needed to file have you filed it. My question comes from the point of whether it would be harmful for my Citizenship App if I file my last tax return as a non resident, I have filed/will file it as a resident from 2019-2021.

Yeah, I believe tax residency is different from permanent residency. Immigration department does not care (unless for each year your tax has been as a non-resident which would then raise a flag for more deeper look into your application) about taxes per se. Their expectation is compliance with the country's tax laws, period.

 

[neil_user]

I know one of my friends moved to USA on H4 visa to reunite with a spouse after filing a citizenship application. All I got from them was only taxes filed with in 1095 days matters. While citizenship application is in process, taxes can be filed as a non-resident ( out of the country for > 180 days).

Agree, that it would be fine to move after filing the app, but I am trying to see if moving 6 months before filing the app would cause any issues.

 

[DonDraper]

Agree, that it would be fine to move after filing the app, but I am trying to see if moving 6 months before filing the app would cause any issues.

I don't think there is a certain way to know if it will cause issue or not. Its a 50-50

 

[mayple]

Agree, that it would be fine to move after filing the app, but I am trying to see if moving 6 months before filing the app would cause any issues.

I don't think being physically out of Canada prior to applying for Citizenship will be an issue so long as:
1. You maintain ties with Canada
2. Meet the 1095 day requirement
3. Meet all other requirements e.g. tax filing, continuing to be a PR etc. for eligibility for citizenship