Application for Citezanship but now living in the US.

[boatguy]

I posted this earlier tonite in the wrong spot ( sorry )


Im a Canadian by birth.
My wife and step son are US citezans and have been both PR for the last 6 years.

We have initiatred the process of citezanship for both. mY step son is mentally and physically handicapped and he lives with us 100%.

Ive been transferred to our US division of the company I work for and will likely work in the US for the next 10 years but wish to return to Canada when I retire. We have now moved to the US and live very close to Canada and will retain close contacts with Candaian life. ( groups etc)

I really dont want to have to go througfh the process of getting my wife and my son PR status all over again and were all hoping that we can still proceed to get citezanship.

Is it possible for a person with a PR status still to proceed with application while living with me outside of Canada? If we werent transferred all residency obligations were met.

thanks

 

[Leon]

They can not apply unless they are residing in Canada at the time they apply and do of course meet the residency requirements for 1095 days in the past 4 years.

However, they will also not lose their PR while they are living with a Canadian citizen spouse/parent outside Canada.

 

[Msafiri]

My reading of the OP's post is that he has already applied for Citizneship and wanted to know if their moving to the US will impact on the processing. boatguy it would be useful to know a few things to give you an indication of your chances.

1. Date applied for Citizenship.

2. Date CIC received the application.

3. Were you physically present in Canada for 1 and 2?

4. Did the applicants have 1095 days of physical presence in Canada on date 1?

5. Do you have a reliable address in Canada or did you list a US address in the application?

6. Do you have proof of the days in 4 by way of passport stamps, employment, schooling etc that requires you to be physically present in Canada?

 

[boatguy]

1. Date applied for Citizenship.

We applied 2 weeks ago ( I just got transffered last week. great timing Were going to US to buy house this week)

2. Date CIC received the application.
We havent seen a reply yet. Hopefully in the next week or 2? Not sure of processing times for that.

3. Were you physically present in Canada for 1 and 2?
We will be in Canada for both yes. My wife wont be traveling tio the US until our house sells.

4. Did the applicants have 1095 days of physical presence in Canada on date 1?
Oh yes for sure.

5. Do you have a reliable address in Canada or did you list a US address in the application?
It was our Canadian address which of course we still own and likely will for a short period of time ( market).

6. Do you have proof of the days in 4 by way of passport stamps, employment, schooling etc that requires you to be physically present in Canada?

We cross the border periodically but we have a very good record of any time spent outside ( maybe 1 week or 2 a year spent visiting family in the US etc)

We are close enough to the border where we will buy that we can get to exams interviews etc without any difficulty.

 

[Leon]

Then you shouldn't have a problem but you either need to keep an address in Canada where you can be sure you are getting your mail or tell immigration that you have moved to the US. When your wife gets called for the exam and oath, she might not have a lot of time. I think I was given 10 days or something like that. It is therefore essential that you get the letters in time because it really delays her application if she misses her date.

 

[boatguy]

well thats a relief.

We shouldnt have a problem and yes were looking at a location to have mail directed to in Canada and we will inform them of our physical location as well.We would not expect to have a problem in getting back on short notice. Its a 30 minute drive,.

From what I also understand its possible that even if citezanship needs to wait my wife wont loose her PR status so long as she and I reside together while I live in the US?

 

[Leon]

That's right. One of the acceptable reasons for a PR not to reside in Canada is accompanying a Canadian spouse abroad. Same for dependent children accompanying a parent.

 

[boatguy]

Thank you very much for the information.
Having my wifes PR status safe while I work in the US is a real bonus.
One thing I still need to look at is retention of PR status then for my step son. He is no longer a child but remains dependent upon me for care etc. I cant recall all the paperwork we submited but Im pretty sure it defined him as handicapped and tax records etc show that.

 

[boatguy]

Leon

a follow up
My step son is a handicapped young adult ( age 24)
he no longer is really a child by some definitions. Ive been responsible for him and its very trackable on my income tax returns etc.
He continues to live with me and likely allways will.

When I return to Canada I understand my wifes PR status is safe because she lived with me but is there concern for my step son? is he able to live with me and with proof of that be able to retain PR status?

 

[Leon]

According to the immigration manual on family class, he remains a dependent child because of his disability as long as he is still financially dependent on you.

You can see this here:

5.13. Who qualifies as a dependent child?

R2 and Section 6 in this chapter describe who qualifies as a dependent child.

In order to meet R2(b)(i) of the definition of “dependent child”, a child must be under 22 years of
age and not a spouse or common-law partner on the date when the IMM 1344AE is received by
CPC-M, and not a spouse or common-law partner when the visa is issued, and when they arrive
in Canada.

Not a spouse or common-law partner means that the dependent child must not be married or
involved in a common-law relationship. A dependent child who is single, divorced, widowed, or
whose marriage has been annulled is not a spouse. Similarly, if the dependent child was involved
in a common-law relationship but that relationship no longer exists, they may be considered to
meet the definition.

R2(b)(ii) & (iii) describe children over the age of 22 who may be considered dependent children if
they are substantially dependent on their parents for financial support. This includes full-time
students enrolled in accredited post secondary institutions or children with a physical or mental
condition.In such cases, officers must ask for documentary evidence of full time attendance at
school, evidence of the institution's accreditation with the relevant authority, evidence of the
physical or mental condition and evidence of financial dependency on parents.
For further information on dependent children over the age of 22, see:
• Assessment of a claim that a dependent child is a student, Section 14 below.