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Can you lose PR if Citizenship Application takes too long?

Beakster

Star Member
Dec 7, 2009
113
10
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
01-10-2010 CSQ Application
Nomination.....
12-02-2012 CSQ Granted
AOR Received.
14-05-2012
Med's Request
14-05-2012
Med's Done....
22-05-2012
Passport Req..
10/08/2013
VISA ISSUED...
11/08/2013
LANDED..........
11/08/2013
So here's the scenario...

You meet the citizenship requirement and submit your application. Then you decide to leave Canada for a few years to pursue a life long dream of working for charity organisations in the 3rd world, before you get too old. You plan to go back to Canada once the citizenship is granted.

A year after citizenship application is submitted you are asked to sit the test so you fly back to Canada and sit the test and pass it.

Do you have to fly back a 2nd time for the oath ceremony?

Now lets assume that you took quite a few vacations during your time in Canada and they ask you to do a residency questionnaire. You do this but it adds 1-2 years to the process. 2 years for citizenship process and 1 year+ for RQ process means you will have been out of Canada too long to meet the Permanent Residency Requirements so when you go back you will have lost your permanent residency.

This now means that you are dependant on them granting your citizenship so you can go back? Otherwise if they reject it you then need to submit a new PR application, wait 2 years for that to be approved, then move back to Canada and live there for 3 more years before you can reapply for citizenship?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
Yes, you do have to attend the oath. You do not become a citizen until you do.

Yes, it is possible that you could lose your PR while you are waiting for citizenship. If you are overseas and end up staying there longer than 3 years or 1095 days in a 5 year period, you do not meet the residency obligation any more. Immigration may not realize this immediately because at the moment, they do not have exit checks. However, you must return to Canada for your test and oath.

When you try to return to Canada, if your PR card is still valid, it is still possible that they suspect that you do not meet the requirements and decide to report you for that. If that happens, your citizenship application would either be put on ice or cancelled because your PR status is now in question. If your PR card is already expired and you must apply for a travel document to return to Canada, it is possible that you don't get one in which case you can't even return for your test.

Even if you do get in without being reported with your still valid card and they do not find out that your PR is in question and give you citizenship, I think you might still be in trouble if they ever decide to look into your case again.

Therefore, just make sure you meet your requirements. If you see that your citizenship application is taking so long that you will fail to meet the requirements, just go back. Better safe than sorry.
 

EasyRider

Hero Member
Oct 12, 2008
431
18
Montreal
Job Offer........
Pre-Assessed..
Yes, CIC tactics may be prolonging your case and trying to squeeze you out. There's enough indication of that. Here's the quote from somewhere else which illustrates such example.

Also, check this topic: http://www.canadavisa.com/canada-immigration-discussion-board/moving-to-the-us-after-applying-for-citizenship-t57757.0.html

[QUOTE author=akella] Here is a recent case that highlights what may happen to those who leave the country immediately after applying for the citizenship.

MCI vs MOUNTASSIR EL BOUSSERGHINI and MCI vs ZAKIA KRANFOULI
http://decisions.fct-cf.gc.ca/en/2012/2012fc88/2012fc88.html

Short summary:
- Applied in Jan 2008 (with physical presence of 1119 and 1138 days) & apparently left the country soon after
- Had passports showing only part of the 4yr period, so were handed an RQ
- Responded to RQ in Apr 2009 with considerable amount of documents, were referred for judge hearing in Aug 2009
- Had judge appointment in Sep 2010 & got approved
- MCI appealed and appeal hearing was scheduled for Jan 2012
- Meanwhile, in Dec 2011 they were found inadmissible under s.44 - for non-compliance with PR residency obligations (failed to reside in Canada for 730 days in the preceding 5 yrs)
- Now they can't get the citizenship, because they are in non-compliance with PR residency obligations

Question:
Here is the question for you: the case explicitly says that no one (including MCI) questioned their credibility based on RQ response (that remediated any questions that MCI could've had based on missing passports). CIT judge provided reasonable justification in his decision. Was there any other real reason for MCI to appeal CJ decision in 2010 other than the fact that applicants were out of country at the time?

[size=8pt]MCI:
The Minister clearly notes that the respondents' credibility is not questioned. He merely claims that the evidence is insufficient to determine residency, a burden that is on the respondents. Moreover, it is suggested that the citizenship judge's reasons are inadequately expressed.
[/size]
[/QUOTE]
 

scylla

VIP Member
Jun 8, 2010
96,464
22,559
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I think people are sometimes under the mistaken impression that once you submit your application for citizenship, you no longer need to meet residency obligations for PR. This is incorrect. Until you physically have citizenship, you are still a PR and must continue to meet PR residency obligations.