Citizenship Application - Permanent Resident Category: CR8

[kabdist]

Hi everyone,

I came into Canada in August 20th, 2001
I got accepted as a convention refugee on January 2002
I have been landed as Permanent Resident on August 2005
Since then me and my wife returned to our home country (where we fled from due to persecution of a civil group pro-government) twice.

1st time: My father passed away, I renewed my passport 1 day before the travel on the Montreal Consulate and I went for a month because I was the only son on the country and I mainly spend that time with my mother. (September 2006)

2nd time: My wife went when his father passed away, she renewed his passport day before the travel on the Montreal Consulate and she spent 7 days, she applied for a travel document at the Embassy on our home country because our PR Card expired on 2010.

In between I have renewed my/our passport for USA travel purposes only (vacation)

Our PR Cards are expired and I want to apply for citizenship (no issues for residence requirements because we passed in Canada almost 98% of the time on the last 12 years) but because we entered the country as refugees and we obtained PR on the CR8 category I'm terrified.

I want advice.. Our life is here and We don't want to loose our status!

This is my first post, thanks for your excellent work!

 

[Nida 1980]

hi i am in the same situation here, and i applied for citizenship passed test and they sent me RQ!!! have no idea why!!
i am worried to renew my PR, have you renewed your PR before?

 

[gosia]

.yes what happened

 

[Nida 1980]

Still waiting, when u renwed your PR card did they request passport pages, did they see that you traveled back home?

 

[kabdist]

No I didn't renew my PR yet.. Did you applied for citizenship after November 2012 or before?

 

[eileenf]

Please, please be very careful about this. I highly recommend contacting a knowledgeable refugee lawyer who can advise you before you apply for citizenship or renew your PR cards. You need well-informed legal advice before doing anything that could put your refugee determination and PR status at risk for cessation & loss of status in Canada. For more info, please check here: http://ccrweb.ca/en/cessation-basic-information

Are you in Ontario? If so, please contact the Refugee law office or one of the Neighbourhood legal clinics, or a refugee lawyer who can advise you about when to apply for citizenship and under what circumstance to reveal that you renewed your home country passport and traveled to your home country. http://www.legalaid.on.ca/en/contact/contact.asp?type=cl

Otherwise, contact a settlement agency and get their referral to knowledgeable legal help.

I'm not trying to be alarmist, or to say that visiting a parent on their deathbed is wrong. I say this because the risks being judged as having committed reavailment (reavailing yourself of the protection of the government you sought refuge from) could be grounds for cessation of your refugee (and PR) status. The CBSA has set a quota of the number of cessation referrals to the IRB. They are actively looking for cases of reavailment. Because the legal change allowing revocation of PR status is relatively new, no one really knows how the IRB or courts will deal with cases such as these.

But the risks are so high that one really needs to consult a knowledgeable professional with whom you can discuss the specifics of your case.

 

[kabdist]

Thank you very much for your advise. You are doing an excellent work!

Anyone that are in the same situation, I would like to know!

 

[Nida 1980]

OMG i already applied for citizenship october 2012.

 

[sudnewcomer]

Hi, i' m interested about the topic because I m in the same situation . I found out this information after applied for citizenship and when I talk to a lawyer ,he told me to wait . I worried cause I went back in my country for short time .
I would like to hear people who applied for citizenship and are facing deportation because they went back in their country. Thank ou

 

[machan]

hi guys
I am in the same situation
Any news or anyone got trouble because returning home?
THNKS

 

[eileenf]

Again, please, if this is an issue for you, speak to a settlement agency or a refugee lawyer! Even if you've already applied for citizenship. Settlement agencies are free. Some legal clinics, especially for people who came here as refugees, are free or low cost.

Indications seem to be that different offices have different policies on this issue: Citizenship applicants from Vancouver are at particular risk for being reported to CBSA for cessation due to travel back to the country they sought refuge from. Montreal reportedly has said they would never report this info to the CBSA.

Regardless, it's really important to speak with people who are knowledgeable and in real life if at all possible. The stakes are high.

 

[eileenf]

Blueshirt, you can read about Canadian refugee policies on the CIC website: http://www.cic.gc.ca/english/refugees/outside/index.asp
or UNHCR
or wikipedia: http://en.wikipedia.org/wiki/Convention_relating_to_the_Status_of_Refugees

Why are you asking?

If you have a specific concern or question I might be able to answer. Otherwise, I encourage you to Google and inform yourself.

However, I strongly caution that refugee determination is not about "a free ride". And it's certainly not determined on the basis of any airline policy! It's not easy. It's not about whether someone can afford a ticket or if they're poor. It's about people facing individual specific discrimination and danger. It's not about a population-wide danger like war.

 

[Bagazner]

Hello, I am just wondering if anyone has any new experience regarding this situation, I am in the same boat, I am PR holder thru CR8, I applied for my citizenship on Dec 19 2013. after 7 years, I went back to my home country for a month for as my mom was really and hadn't seen her for 7 years, then one month after, I went back another time for 4 month, both times when I came back at the airport they gave me really hard time, checking my pockets, my phone, my computer for any evidence if I want to go back again. I came back on July 17 for the test, did the test, on my profile says in process, but what worries me is my friend he did the test 3 weeks before me, he got the notice for ceremony exactly 3 months after his test, mine 3 months and half.

 

[eileenf]

Bagazner, are you back living in your home country? This statement is unclear: "I came back on July 17 for the test..."
What is your local office?

Regarding that you've waited 3 1/2 months for your oath invite; there is no hard and fast timeline for oath invites. However, given the risks of cessation (and the fact that you've lived at least 5 months in the country you sought refuge from), you would be wise to 1. speak to a settlement officer or refugee lawyer, 2. order your atip (physical and gcms) files.

 

[Bagazner]

eileenf, no I didn't move back to my home country, but due to my mom was in critical situation had to go thru several surgical operation( i provided them with doctor's statement ) so I had to stay for couple months, I am settlement officer myself and my local office is Vancouver, I never knew about that gcms thing, I will dog that up more and see what I can come with thanks alot for your advice.