Advice on Citizenship

[ma3leemz]

Hello All,

I am seeking advice on my current situation - please help!

1. I am a landed immigrant since December 2011, where I lived in Montreal till 2013 and moved to Ottawa mid-2013
2. I have a SIN, an Ontario medical card valid till September 2018 and a PR valid till February 2016
3. I have an Ontario driving license expires August 2018
4. I got married in August 2013 in Ottawa and have been living there with my wife since
5. I am unemployed and have been supporting us from my previous savings and from family money received from abroad
6. We have a rented flat that we have been living in
7. Since I have had spare time over the past few years I have fully immersed myself in the culture of Canada and have grown very fond of it
8. My wife became a citizen in January 2014
9. And next month in May I would have accumulated my 1095 days for citizenship

My questions would be:
1. Next month I should be eligible to apply for citizenship?
2. Once I apply for citizenship do I need to remain in Canada? Or can I move back to my country of origin until I get called for the citizenship tests and oaths?
3. My reason for leaving after the application is because I have been unsuccessful in establishing a business or finding a proper employ in Canada and cannot remain idle for much longer - would this reason be valid for a citizenship judge?
4. If it is valid for me to leave, how do I come back into the country for oath taking and interviews? Is my PR still valid for all that? Do I declare non-residency?
5. What do I do with bank accounts? Driver's license etc?
6. By 2015, we are hopefully planning on getting a child, which we would of course do so in Ottawa - how would that work? If we have both left Canada during that year, does our medical coverage run out or do we have to inform anyone?

Any comments/advice would be much appreciated!

Thanks!

 

[chakrab]

how did you accumulate 1095 days in canada if you landed in december 2011? have you been staying here before PR?

 

[Goldline]

Hello All,

I am seeking advice on my current situation - please help!

1. I am a landed immigrant since December 2011, where I lived in Montreal till 2013 and moved to Ottawa mid-2013
2. I have a SIN, an Ontario medical card valid till September 2018 and a PR valid till February 2016
3. I have an Ontario driving license expires August 2018
4. I got married in August 2013 in Ottawa and have been living there with my wife since
5. I am unemployed and have been supporting us from my previous savings and from family money received from abroad
6. We have a rented flat that we have been living in
7. Since I have had spare time over the past few years I have fully immersed myself in the culture of Canada and have grown very fond of it
8. My wife became a citizen in January 2014
9. And next month in May I would have accumulated my 1095 days for citizenship

My questions would be:
1. Next month I should be eligible to apply for citizenship?
2. Once I apply for citizenship do I need to remain in Canada? Or can I move back to my country of origin until I get called for the citizenship tests and oaths?
3. My reason for leaving after the application is because I have been unsuccessful in establishing a business or finding a proper employ in Canada and cannot remain idle for much longer - would this reason be valid for a citizenship judge?
4. If it is valid for me to leave, how do I come back into the country for oath taking and interviews? Is my PR still valid for all that? Do I declare non-residency?
5. What do I do with bank accounts? Driver's license etc?
6. By 2015, we are hopefully planning on getting a child, which we would of course do so in Ottawa - how would that work? If we have both left Canada during that year, does our medical coverage run out or do we have to inform anyone?

Any comments/advice would be much appreciated!

Thanks!

1-If you haven't been in Canada before Dec 2011 you will only be eligible to apply for citizenship on Dec 2014, assuming you never left the country since then.
2-After applying you can move yes but you can't stay overseas till you're invited for test or oath. All your moves are recorded and if they find out you will be in trouble.
3- That's not a good reason to leave Canada, even if you leave and get a Job in another country that's not a good reason and your case will be weak because you would have no ties with Canada.
4- you need to be in Canada 2 years out of the last 5 to keep your residency.
5- Nothing to do. keep your Bank account and your DL wether you live in Canada or somewhere else.
6- You need to live in Ontario at least 6 months per year ( I'm not sure about the exact period) to keep your OHIP coverage but that's not the big issue since they don't notice it.
Bottom line, you need to find out first when you'll be eligible and when you do, do not play with the rules. For CIC, either you have strong ties with Canada or you haven't and remember if you were unemployed for a long time you will have to prove how you survived. Was your wife working and taking care of the family? you need to prove it. Were you getting money from someone, you need to prove it.
Lastly, if you're eligible under the coming Law C-23 you will need to be in Canada 4 years out of the last 6 before you can apply.

 

[ma3leemz]

Thanks for advice Goldline...
I landed December 2010, my mistake! And have barely traveled the last few years, so that's why in May I get my 1095 days.

So I understand that even if I have my 1095 days I need to remain in Canada until I'm invited for test or oath - I just can't leave.

For my unemployment, my family has been sending me money from abroad to live, and my wife has been working and supporting - we have both been filing our taxes regularly and clearly.

As for Law C-23, I'll need to read up on this - if I apply in May though and the law hasn't passed yet, then the 1095 count, I don't need to do more, right?

Thanks again..

 

[Goldline]

Thanks for advice Goldline...
I landed December 2010, my mistake! And have barely traveled the last few years, so that's why in May I get my 1095 days.

So I understand that even if I have my 1095 days I need to remain in Canada until I'm invited for test or oath - I just can't leave.

For my unemployment, my family has been sending me money from abroad to live, and my wife has been working and supporting - we have both been filing our taxes regularly and clearly.

As for Law C-23, I'll need to read up on this - if I apply in May though and the law hasn't passed yet, then the 1095 count, I don't need to do more, right?

Thanks again..

I did not say you "need to remain in Canada until you're invited for test or Oath". You can take a vacation for a few weeks no problem with that. The problem is when , as they call it, YOU APPLY ON THE WAY TO THE AIRPORT and you come back a few days before your test. Regarding your last question, yes you can apply after 1095 days. Finally, since you were unemployed for a long time I think you will be RQ'ed.

 

[handsomeishere]

I think Its Bill c-24 if I am not mistaken , cheers

Thanks for advice Goldline...
I landed December 2010, my mistake! And have barely traveled the last few years, so that's why in May I get my 1095 days.

So I understand that even if I have my 1095 days I need to remain in Canada until I'm invited for test or oath - I just can't leave.

For my unemployment, my family has been sending me money from abroad to live, and my wife has been working and supporting - we have both been filing our taxes regularly and clearly.

As for Law C-23, I'll need to read up on this - if I apply in May though and the law hasn't passed yet, then the 1095 count, I don't need to do more, right?

Thanks again..

 

[rayman_m]

Certainly being unemployed or traveling after submitting application does not put one in ineligible of granting citizenship. However, for routine process, officer has their internal guidelines to assess an applicant based on the merit of the application which includes determining of 1095 residency prior application from the proof like Passport, CBSA report, Rental documents, Work documents (T4/NOA) etc.

For instance, let's say during interview an applicant has produced all the above documents except T4 being an unemployed but filed income tax (even nil income) and provided funding proof (bank statement or letter from friend from who got the money, govt assistance), that will be officer's discretion whether to issue a RQ or not.

Traveling after submitting application for few weeks on vacation or family visit is quite common informing CIC on such visit does not hurt the application merit. However, one filed application and left Canada for overseas on activities (work or engage in business) and failed to inform CIC prior visit, could cause problem and lead to RQ and CJ hearing..

In my opinion, as long as an applicant is truthful to its own situation and absolutely clear about citizenship eligibility will not be deprived being granted the citizenship.