Citizenship application: Will a current UK PR trigger RQ?

[captain74]

Hi

I have a valid UK PR. Will this necessarily trigger an RQ when I apply for citizenship?

I meet all other requirements (e.g. 4 years physical presence, tax filings etc) under the existing rules.

Thanks

Captain

 

[captain74]

Any thoughts anybody?

Canadasucks? dpenabill?

Thanks

Captain

 

[canadasucks]

Hi

I have a valid UK PR. Will this necessarily trigger an RQ when I apply for citizenship?

I meet all other requirements (e.g. 4 years physical presence, tax filings etc) under the existing rules.

Thanks

Captain

Do you have ILR sticker or separated ILR card? If it's latter, nobody will know if you don't show it. Also have you got your British citizenship? If so, then ILR is meaningless.

I don't understand why they put such question about PR of other countries on the application form. Any EU/EEA citizens automatically also have PR in 31 other countries, should all of them be suspected?

 

[tyl92]

Do you have ILR sticker or separated ILR card? If it's latter, nobody will know if you don't show it. Also have you got your British citizenship? If so, then ILR is meaningless.

I don't understand why they put such question about PR of other countries on the application form. Any EU/EEA citizens automatically also have PR in 31 other countries, should all of them be suspected?

Some european countries if not most of them , don't stamp their permanent residents' passports . So there's no way for canadian authorities to have a proper report of dates you were actually within that country , my guess that's why they want to know if you have another's country Pr status
If he has a british passport then he'll still have to mention it on the form ..

 

[addictive_mate]

Do you have ILR sticker or separated ILR card? If it's latter, nobody will know if you don't show it. Also have you got your British citizenship? If so, then ILR is meaningless.

I don't understand why they put such question about PR of other countries on the application form. Any EU/EEA citizens automatically also have PR in 31 other countries, should all of them be suspected?

They ask if you have PR of any other country in the citizenship form. And you have no option but to be truthful in this case.

 

[marcher]

They ask if you have PR of any other country in the citizenship form. And you have no option but to be truthful in this case.

True, you may lie and they might not find out. But should for any reason, they find out in the future, then the citizenship will be revoked because the application has fraudulent information. Best say the truth! RQ now is better than revoking in the future.

 

[keesio]

Do you have ILR sticker or separated ILR card? If it's latter, nobody will know if you don't show it.

You have to mention it on the application form.

I don't understand why they put such question about PR of other countries on the application form. Any EU/EEA citizens automatically also have PR in 31 other countries, should all of them be suspected?

EU citizenship does NOT mean you have PR status in all the EU members countries. You can freely live and work in the other countries but it is not PR status

 

[canadasucks]

EU citizenship does NOT mean you have PR status in all the EU members countries. You can freely live and work in the other countries but it is not PR status

From legal point view, automatically British citizens have PR in Ireland Republic and Irish citizens have PR in Britain from Day 1. Nordic countries also have similar treaty. EU/EEA citizens also automatically gain official PR status in other EU/EEA countries if they have lived there freely for 5 years. All these PR status exist even you don't apply for and don't need any documents to prove. Most people probably don't even realize they have such status.

So disclosing as much information as one's best knowledge at that time is not equal to lie. So it's not lie to not disclose PR in other countries even if in fact there is. But deliberately fabricating the fact is lie, such as if you give your daughter birth in Iran, but then say she was born in Afghan.

 

[keesio]

EU/EEA citizens also automatically gain official PR status in other EU/EEA countries if they have lived there freely for 5 years. All these PR status exists even if you don't apply for and don't need any documents to prove. Most people probably don't even realize they have such status.

I am not an EU national but I always interpreted the rule that after 5 years you acquire the right to apply for PR and once you get your PR doc, you are then an official PR. If you never apply and get approved for the doc, you are not PR.

So disclosing as much information as one's best knowledge at that time is not equal to lie. So it's not lie to not disclose PR in other countries even if in fact there is.

If the application asks you to list all your PR status and you know you are a PR in some countries and you decide not to disclose it, that is a lie. Or at least "Misrepresentation". And we all know how seriously IRCC takes misrepresentation... even if it you didn't knowingly commit it (see all the sad cases of people who cannot sponsor a spouse or child because they failed to disclose them when they became a PR)

 

[captain74]

Do you have ILR sticker or separated ILR card? If it's latter, nobody will know if you don't show it. Also have you got your British citizenship? If so, then ILR is meaningless.

I don't understand why they put such question about PR of other countries on the application form. Any EU/EEA citizens automatically also have PR in 31 other countries, should all of them be suspected?

I have a sticker.

The question is quite clear and I believe the only option is to be truthful. I agree though that the question is irrelevant at best!

By definition, anyone applying for citizenship in Canada would have some status elsewhere (their country of birth, and perhaps the country of nationality if different to country of birth). IRCC does not seem to have any concerns about that. Why, then, have special paranoia about some one having resident status in an other country?

It is just so frustrating that IRCC play silly buggers with such irrelevant issues. Once I have met all conditions laid down in the law as it stands (including the physical presence in Canada for the required number of days), it really should be of no relevance to IRCC if I have resident status elsewhere.

 

[canadasucks]

I am not an EU national but I always interpreted the rule that after 5 years you acquire the right to apply for PR and once you get your PR doc, you are then an official PR. If you never apply and get approved for the doc, you are not PR.

I am an EU national and I'm sure your interpretation is wrong. After 5 years, the official PR is automatically granted. There is no such thing to apply for PR. But you have the choice to request a paper to show you have PR status. But even if you don't have paper, you still have official PR status.

And we all know how seriously IRCC takes misrepresentation

That depends on who you are. If you lied about your daughter's birth place but your daughter is now a cabinet minster, IRCC will not do anything.

 

[links18]

I have a sticker.

The question is quite clear and I believe the only option is to be truthful. I agree though that the question is irrelevant at best!

By definition, anyone applying for citizenship in Canada would have some status elsewhere (their country of birth, and perhaps the country of nationality if different to country of birth). IRCC does not seem to have any concerns about that. Why, then, have special paranoia about some one having resident status in an other country?

It is just so frustrating that IRCC play silly buggers with such irrelevant issues. Once I have met all conditions laid down in the law as it stands (including the physical presence in Canada for the required number of days), it really should be of no relevance to IRCC if I have resident status elsewhere.

From IRCC's point of view having PR status in another country (other than your country[ies] of citizenship) simultaneously with Canadian PR, raises questions about your intentions towards Canada. This may be more important now given the intent to reside clause in Canadian citizenship application. It also raises issues about your physical presence for the period in which you had this status. Were you in Canada or were you in the UK? Were there physical presence requirements vis a vis UK PR that you needed to meet to maintain that status? Do these requirements conflict with your declared physical presence in Canada? etc., etc. There are all kinds of reason IRCC wants to know about other PR statuses you may hold. While it may not be legally relevant to the decision to grant you Canadian citizenship, i.e. they can't deny you Canadian citizenship just because you have PR status somewhere else--it is factually relevant to assessing your physical presence declarations and your intentions.

 

[canadasucks]

I have a sticker.

The question is quite clear and I believe the only option is to be truthful. I agree though that the question is irrelevant at best!

By definition, anyone applying for citizenship in Canada would have some status elsewhere (their country of birth, and perhaps the country of nationality if different to country of birth). IRCC does not seem to have any concerns about that. Why, then, have special paranoia about some one having resident status in an other country?

It is just so frustrating that IRCC play silly buggers with such irrelevant issues. Once I have met all conditions laid down in the law as it stands (including the physical presence in Canada for the required number of days), it really should be of no relevance to IRCC if I have resident status elsewhere.

I agree that IRCC is abusing power by acting outside the laws to ask applicants to provide irrelevant information such as PR in other countries, work and study history and make troubles to applicants base on that. If they think the laws have loophole, they should change the law long time ago to track exits but not abuse power to penalize the applicants.

But I'm curious why you didn't get British citizenship as it's much easier and hassle free once you have ILR. I remember my British citizenship was approved in one day, actually it was in the queue for 3 months, but since it's approaching their promised process time, I called them then my application was approved next day.

 

[captain74]

From IRCC's point of view having PR status in another country (other than your country[ies] of citizenship) simultaneously with Canadian PR, raises questions about your intentions towards Canada. This may be more important now given the intent to reside clause in Canadian citizenship application. It also raises issues about your physical presence for the period in which you had this status. Were you in Canada or were you in the UK? Were there physical presence requirements vis a vis UK PR that you needed to meet to maintain that status? Do these requirements conflict with your declared physical presence in Canada? etc., etc. There are all kinds of reason IRCC wants to know about other PR statuses you may hold. While it may not be legally relevant to the decision to grant you Canadian citizenship, i.e. they can't deny you Canadian citizenship just because you have PR status somewhere else--it is factually relevant to assessing your physical presence declarations and your intentions.

You raise good points - I address these below.

Concerns about the intentions should be equally grave with regards to other countries of citizenship so the paranoia only about residence elsewhere is absurd and a waste of time as it really adds nothing to the process but frustrations and delay.

As for residence in the UK, stating that it is currently valid should leave no doubt that I meet the requirements there (which are different to those in Canada and it is possible to meet requirements in both countries simultaneously - as I have done). Also, physical presence in Canada is declared by the applicant and affirmed by way of a signature on the residence calculator. This is then open to confirmation with CBSA (for which consent is also affirmed in the application form).

I therefore see no benefit or value added to the process by the legally irrelevant (as you put - and I agree) question and the delays it causes.

 

[captain74]

I agree that IRCC is abusing power by acting outside the laws to ask applicants to provide irrelevant information such as PR in other countries, work and study history and make troubles to applicants base on that. If they think the laws have loophole, they should change the law long time ago to track exits but not abuse power to penalize the applicants.

But I'm curious why you didn't get British citizenship as it's much easier and hassle free once you have ILR. I remember my British citizenship was approved in one day, actually it was in the queue for 3 months, but since it's approaching their promised process time, I called them then my application was approved next day.

I agree with your views on the comparatively poor design and execution of immigration policies/laws in Canada vis-a-vis other countries.

As for the British citizenship, simply put, I was a damn fool for not getting it when I had the chance! I had some other pressing issues at the time and had just received Canada PR on my original passport (after another looooong process). I did not want to change my passport at that time (my country of birth does not recognise dual citizenship so I would have had to give up the original passport) and cause more delays to the Canadian PR.

If I knew then what I know now, of course I would have dumped the Canadian PR in a blink and taken the UK citizenship. We live and learn! But what an expensive lesson this has been!!