back to home country after PR / travel: impact on citizenship appl.

[dbo73]

Hi,

I am in the process of putting my citizenship application together and due to some special circumstances, the residency calculator looks a little akward in my case. Although there is no better way to put it (see below for details) I was looking for input on the best wording in the comments section of the residency calculator (i.e. I am clear how to put it in and where but I just wanna make sure my explanations are easy to understand...).

Here is my case:

- Arrived as PR in June 2010 and got 'landed immigrant status'. By that time, I was still registered in my former home country (i.e. residency in former home country - not Canada) as I already knew that I had to go back and settle all kind of stuff before actually moving to Canada.
- I travelled around Canada/US (Alaska) for 3 weeks in June
- I went back to my former home country end of June to organize everything for the final move and came back to Canada on April 2, 2011
- I got all my documents (driving license, health card, SIN, etc.) the next day
- I used a friends address for everthing but spent roughly June - August travelling accross Canada and some days in the U.S. (my address during that time was the friends place)
- I got a job early June to start in September 2011
- After travelling, I moved into my own place end of August


Here is how I will put it in the application:
- PR date and date I came to Canada to live: the June 2010 date (the calculator does not allow me to put the April 2011 date in for 'when did you come to Canada to live?')
- I deduct the entire time from June 2010 to April 2 2011 from the residency calculation, even the days I spent here travelling in June 2010, as I was in the country but I do not consider this as residing in Canada (although I was physically present)
- I will however count the days travelling accross Canada after April 2, 2011 as I was no longer a resident of my former home country and registered in Canada
- With counting only the days from April 2, 2011 and a few absences for holidays, I will achieve 1095 days of presence and residency early May 2014

- I will include the holdidays and travelling in the work history
- I will use my friends address in the address history for the time I was travelling accross Canada between June and August 2011
- next to the entries for the travelling in Canada/US in June 2010 and the travel back to teh former home country between June 2010 and April 2, 2011 I have added the following comment:

PLEASE NOTE: Residency still in Switzerland between June 10, 2010 and April 1, 2011 although being a landed immigrant since June 10, 2010!


I know this might sound a little bit strange but with excluding all days I was in Canada as a PR before actually moving over with all my stuff, I think I am on the safe side from a calculation perspective.

I am happy to answer any questions you might have ... I am interested to hear your input!

Thanks dbo73

 

[scylla]

I know this might sound a little bit strange but with excluding all days I was in Canada as a PR before actually moving over with all my stuff, I think I am on the safe side from a calculation perspective.

You should include these days since you were physically in Canada.

 

[rayman_m]

I don't see any issues in your residence history. Simply put the date you became PR (June 2010) and the date you 1st came to live in Canada (April, 2011) and fill other section in the application covering info for last 4 years from Apr,2011 til present. In application there is a field where you have to declare if you are currently residence of any other country and in you are declaring N/A. It does not matter you were resident or not of other country before you establish residency in Canada.

Residence calculator will provide you actual days you lived in Canada from Jun 2010 once you enter your travels to your home country (only overseas trips only and don not put the trips you taken inside Canada) from April 2011 but remember those dates must match with your passport and CBSA record.. Any travel outside 4 year window does not count by CIC..

 

[dbo73]

@ scylla
@ rayman_m

Thank you for your feedback! I really appreciate it.

@ scylla

That is what I first thought but I the guide specifically mentiones 'the time you have lived in Canada'. I was PR at that time and yes, I was physically present during the holidays in June 2010 but I did not live here. Does that make sense?

@ rayman_m

Adding the information since April 2011 only would not be enough. I thought I have to add the last 4 years or since I became PR (whatever is shorter), so I have to add all information since June 2010.

I don's see any issues with my history either. It might just look a little bit different from the usual case where people come over here to live, first as a temporary worker or so, then become PR and finally apply for citizenship. I did become PR first and moved to Canada later. I was just looking for a good formulation in the comments section so that whoever assesses my application doesn't get thrown off track by my constellation.

Thanks,
dbo73

 

[rayman_m]

It's applicant's choice if they want to put information beyond 4 years nothing wrong with that but as per law CIC will only take the info in consideration for last 4 years..

 

[sweetakash]

You should include your presence during the 3 weeks you spent initially in Canada.
As you have mentioned that you were roaming around Canada/US/Alaska, but just wondering if out of these 3 weeks if you can earn 10-12 days of extra Canada presence, there is absolutely no harm. I understand that it would mean cumbersome job to map all the days you spent, but take help you your old emails, itineraries, it would just take a few hours of your weekend but you may gain 10-15 days of physical presence. Think about it. Currently, Canada is going through a precess of making stringent Citizenship rules. There are people on this forum who are willing to apply 10-15 days earlier (short presence) to avoid getting caught into some rule that may push their Citizenship application away by 2 more years.
Its just a view, use all that you have, you will soon realize that this applications is all about putting all your best things forth.
Good luck!!!

 

[rayman_m]

It is not wise or advisable to apply with short presence (less than 1095 physical). As per his post, on May, 02 he will fulfill his residency and should wait till then. New law is still way from taking in effect any time soon. Those 10-15 days presence are outside of 4 years window and does not count. Applying short, will get RQ and CJ hearing and will face possible rejection all together..

 

[dbo73]

You should include your presence during the 3 weeks you spent initially in Canada.
As you have mentioned that you were roaming around Canada/US/Alaska, but just wondering if out of these 3 weeks if you can earn 10-12 days of extra Canada presence, there is absolutely no harm. I understand that it would mean cumbersome job to map all the days you spent, but take help you your old emails, itineraries, it would just take a few hours of your weekend but you may gain 10-15 days of physical presence. Think about it. Currently, Canada is going through a precess of making stringent Citizenship rules. There are people on this forum who are willing to apply 10-15 days earlier (short presence) to avoid getting caught into some rule that may push their Citizenship application away by 2 more years.
Its just a view, use all that you have, you will soon realize that this applications is all about putting all your best things forth.
Good luck!!!

Thanks sweetakash,

I had all the calculation done so I already have this information but removed it from the initial version. After all I only have three more weeks to wait and I will have 1100 days, even without the few days in June 2010. I am not sure: I just thought it would be better to apply with a few days less (but still more than 1095) but all rock solid, than to apply with maybe 1115 days, they don't agree with the days in June 2010, remove it and then look even closer at my application ("maybe he has other dates that are not valid - let's look into it...")

 

[dbo73]

It is not wise or advisable to apply with short presence (less than 1095 physical). As per his post, on May, 02 he will fulfill his residency and should wait till then. New law is still way from taking in effect any time soon. Those 10-15 days presence are outside of 4 years window and does not count. Applying short, will get RQ and CJ hearing and will face possible rejection all together..

rayman_m,

the 10-15 days in June 2010 are actually within the 4 year window. (PR since early June 2010 - citizenship application will be early May 2014)

Thanks!

 

[rayman_m]

rayman_m,

the 10-15 days in June 2010 are actually within the 4 year window. (PR since early June 2010 - citizenship application will be early May 2014)

Thanks!

Oh yea.. I missed out that.. In that case CIC will count these days as per the residence calculator..

 

[scylla]

I just thought it would be better to apply with a few days less (but still more than 1095) but all rock solid, than to apply with maybe 1115 days, they don't agree with the days in June 2010, remove it and then look even closer at my application ("maybe he has other dates that are not valid - let's look into it...")

You are declaring the days you spent outside of Canada in your citizenship application. If you leave these days out (the ones from June 2010) - where are you going to say you were during this time? Are you planning on lying and saying you were in a different country? What if CIC does a check against CBSA records and sees this statement isn't a match to your travel history? Don't you think that will prompt further review of your file?

Again, the days from June 2010 can and should be counted. I don't understand why you would want to claim you weren't in Canda in your citizenship application when you in fact were. This makes no sense.

 

[rayman_m]

scylla is right. A simple case look like making a difficult one. In my advise, you should follow your passport exit/entry stamps from June 2010 and let residence calculator do the rest and again your declaration must match with CBSA record.

 

[dbo73]

scylla is right. A simple case look like making a difficult one. In my advise, you should follow your passport exit/entry stamps from June 2010 and let residence calculator do the rest and again your declaration must match with CBSA record.

I need to think about it....

But just to confirm: so it is really just the physical presence that counts and it doesn't matter if I even lived here during that time? It this would be the case, then someone who has enough money could spend 3 years on vacation in Canada, not having a job, not having any ties to Canada and still get citizenship.

I always thought it is about where are your ties, your centre of living (kind of as with CRA) and not purely physical presence.

But if I am wrong - even better, because then I would be able to apply next week!

 

[rayman_m]

In my view here is what should look like in your application section 6.E: Residence for last 4 years:

Sept-2011 to Present - Your own address
April-2011 to Aug-2011 - Canadian address you used (friend place)
Aug-2010 to March-2011 - Use your home country address
June-2010 to July-2010 (3 weeks) - Canadian address you used (friend place)

If above is correct then you will also need to gather supporting from your friend as you stayed with them until you actually established your own residence (lease/purchase).. Accordingly you also have to fill online residence calculation with your US and home country travel history matching with CBSA report..

REMEMBER, any tiny discrepancies on above declaration will result RQ. CIC is very particular in residence address and travel/passports (0 tolerance)..

In fact, from all the information you provided it appears you came to live in Canada from April 2011 and this is the date you should put in application the date you first came to live in Canada. Actually prior April, you never established your residence (183 days).. Therefore, right information is the best way you should exercise..

 

[chakrab]

you can't put information in the application which you think is convenient. that's falsifying information and a crime under immigration law. if you willfully give incorrect information in your application, you will definitely be red flagged.

"spending time in canada is living in canada" according to immigration, whether it's one month, 6 months or a year.