Abandoned Citizenship Application - Attn; Leon and Alabaman

[B. Fasan]

If a permanent resident applies for citizenship and fails to respond to a Residence Questionnaire and the application is eventually considered abandoned, can the person re-apply afresh for permanent residence in future after leaving Canada?
For instance if the person felt he/she could not fulfill the documentary requirements of the Residence Questionnaire.

 

[mikeathome]

The requirements for citizenship and PR are quite different. As long as you fulfill PR requirement you should be fine. You might get questions when you try to renew your PR card. But you don't need to renew your PR card if you don't leave Canada as long as you entered it with a valid one.

You know, there are so many circumstances where you will never fulfill citizenship requirements but stay PR so that it is really hard to evaluate your case. E.g. If you live with your Canadian spouse abroad in common or work for a Canadian company abroad you'll sustain your PR requirements but not collect any days for citizenship...

Mike

 

[Beakster]

You know, there are so many circumstances where you will never fulfill citizenship requirements but stay PR so that it is really hard to evaluate your case. E.g. If you live with your Canadian spouse abroad in common or work for a Canadian company abroad you'll sustain your PR requirements but not collect any days for citizenship...

I think the exception to that is that if the Canadian company is a federal public administration. I've been reading the Canadian Citizenship Act recently. Here is what it says in regards to that:

(1.1) Any day during which an applicant for citizenship resided with the applicant's spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

 

[mikeathome]

I think the exception to that is that if the Canadian company is a federal public administration. I've been reading the Canadian Citizenship Act recently.

The reason for this is clear, a foreign federal public administration (e.g. an embassy) is usually treated as Canadian soil, so are armed force bases as well as embassies, they are in the jurisdiction of the country they represent.

Mike

 

[B. Fasan]

The requirements for citizenship and PR are quite different. As long as you fulfill PR requirement you should be fine. You might get questions when you try to renew your PR card. But you don't need to renew your PR card if you don't leave Canada as long as you entered it with a valid one.

You know, there are so many circumstances where you will never fulfill citizenship requirements but stay PR so that it is really hard to evaluate your case. E.g. If you live with your Canadian spouse abroad in common or work for a Canadian company abroad you'll sustain your PR requirements but not collect any days for citizenship...

Mike

Thanks mikeathome and Beakster for your insights. However, what happens when the applicant abandons the application and leaves Canada for several years and loses his/her PR status? Can the person make a new application for permanent residence? Just like someone who has never applied before.

 

[Leon]

Yes, somebody who had lost their PR can apply for PR again.

 

[B. Fasan]

Yes, somebody who had lost their PR can apply for PR again.

Thanks Leon.

 

[B. Fasan]

Yes, somebody who had lost their PR can apply for PR again.

Thanks Leon. What if the person simply remains in Canada and re-applies for Citizenship after say three years?

 

[Leon]

Thanks Leon. What if the person simply remains in Canada and re-applies for Citizenship after say three years?

You said that the person had lost their PR status and left Canada. If they officially lost their PR status or it was revoked, if they continued to stay in Canada, they would be doing it without status and they would not qualify to apply for citizenship.

If they did not officially lose their PR status but they do not meet the residency requirements but they are in Canada, they can continue to stay and act as a PR because until they lose their PR officially, they still have it. They should not apply for anything from immigration until they meet the residency obligation again. Then their PR would be back in good standing. Even after years away, if they manage to stay for 2 years, they can apply for a new PR card and after the 3rd year, they could apply for citizenship.

 

[B. Fasan]

You said that the person had lost their PR status and left Canada. If they officially lost their PR status or it was revoked, if they continued to stay in Canada, they would be doing it without status and they would not qualify to apply for citizenship.

If they did not officially lose their PR status but they do not meet the residency requirements but they are in Canada, they can continue to stay and act as a PR because until they lose their PR officially, they still have it. They should not apply for anything from immigration until they meet the residency obligation again. Then their PR would be back in good standing. Even after years away, if they manage to stay for 2 years, they can apply for a new PR card and after the 3rd year, they could apply for citizenship.

Thanks Leon. If I may ask, if the person feels he/she can not fulfill the documentary requirements of the Residence Questionnaire, can the applicant write CIC and withdraw the application?

 

[Leon]

Thanks Leon. If I may ask, if the person feels he/she can not fulfill the documentary requirements of the Residence Questionnaire, can the applicant write CIC and withdraw the application?

Yes, sometimes people have withdrawn their PR renewal applications very late in the process. If you do not admit that you don't meet the residency requirements and if they can not prove that you don't, they will probably not kick you out either, just refuse to renew your PR card. You could then still stay for longer and aquire the documentation you need and apply again once you have 730 days that you can prove.

 

[B. Fasan]

Yes, sometimes people have withdrawn their PR renewal applications very late in the process. If you do not admit that you don't meet the residency requirements and if they can not prove that you don't, they will probably not kick you out either, just refuse to renew your PR card. You could then still stay for longer and aquire the documentation you need and apply again once you have 730 days that you can prove.

Thanks. It's the citizenship application I was referring to. Can one withdraw it after being given a RQ?

 

[Leon]

Yes, no problem.

 

[B. Fasan]

Yes, no problem.

Thanks Leon. Pls send me your email address...
Mine is bolanle_fasan@yahoo.com
Thanks once again.