Citizenship Final Notice and outside Canada

[xoly221]

That was a mistake on our part that we saw the first invitation late, because I specially created an email account for my mother and didn't sign in much often. I signed up as a representative and gave my email address and I did receive the AOR, so I assumed that I will be getting all correspondence. I used to sign in the Citizenship tracker often, but just missed signing in for the past month or so. However, we have all intention of coming and taking the oath, so just a bit bewildered that the second and final notice was given the same date. I had previously received an email that once the second date is over, we will be issued a final notice. But received the final notice before April 21st and now need to make it to Canada before that while PRTD is still in the works.

Are you saying that you were sent a notice for the oath ceremony the first time and you missed it without informing them in advance?

 

[2017CanadaHo!]

Mistakes aside (but yeah, even though cautions about the risks of living abroad while a citizenship application is pending typically draw dismissive if not derisive fire in this forum, the risks are real, rather obvious, and have been repeated often here, and it is indeed a mistake to not approach extended absences, which are different than "travel" abroad, cautiously).

Denying the citizenship application on the grounds of abandonment, for failure to appear as scheduled for the oath ceremony a second time, is a real possibility.

The best way to avoid that, of course, is to appear as scheduled. I have no insight into how to accomplish this in this situation. I have seen some discussions about expedited or urgent processing of PR Travel Document applications, but I am not very familiar with how to obtain expedited processing. If possible, urgent consultation with a reputable Canadian immigration lawyer might provide an answer, but of course time is running out fast. There may be some illuminating discussion about urgent PR TD processing in the PR Obligations forum here, but so far as I have seen the anecdotal reports are at best sketchy.

It appears the chances of getting here in time are not good, so it is time to plan and prepare to deal with what happens after failing to appear as scheduled.

I suspect that the most productive course of action now is to consult with a qualified, reputable Canadian immigration lawyer. A lawyer's application to IRCC to reschedule the oath, made BEFORE the scheduled oath ceremony, might save the application, or at the least establish a stronger basis for avoiding the denial of the application based on abandonment, or for challenging it if need be.

Beyond that . . . it is time to plan and prepare for where things then go; this includes preparing to make some serious decisions.

Beyond that, if IRCC proceeds to deem the application abandoned, the applicant will probably need to relocate back to Canada to have a good chance of saving the application. Maybe not. Maybe coming to Canada for short periods will suffice, but there are various ways this could go, subject to some contingencies, and although getting back here, and living here, should help considerably, if that is not the applicant's plan this is for sure something to discuss with a lawyer.

Meanwhile, the applicant might be entitled to a hearing with a citizenship officer before the application is formally denied based on abandonment. I am not at all sure of this, so this too is something to discuss with a lawyer. Again, however, if this is the next step, it should help considerably for the applicant to BE IN Canada.

If IRCC proceeds to deny the application as abandoned, what to do after that will depend in significant part on the individual's plans and priorities. As long as they have not remained outside Canada so long as to become inadmissible due to a breach of the PR Residency Obligation, the denial of this application will not affect their eligibility for citizenship. If they make a new application, the fact the first was denied might trigger elevated scrutiny, such as RQ-related non-routine processing for a new application (in the past a denied citizenship application was an automatic trigger for RQ in a subsequent application), but that only means IRCC screens the applicant more thoroughly.

If IRCC does deny the application on the grounds it has been abandoned, the applicant can also request leave for review in the Federal Court. To do this it is important to have a lawyer, a good lawyer (technically a lawyer is not necessary, but as a practical matter a decent chance of success depends on having a good lawyer).

Summary: best chance to save this application is to LAWYER-UP. But that might not work either. Starting application process over might be the only path to becoming a Canadian citizen. In the meantime, the applicant needs to be sure to comply with the PR Residency Obligation.

Note: part of what might make this difficult to navigate is that "a person who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status." IRPA Section 31(2)(b), which is here: https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-5.html#h-274598 . . . and meanwhile, to be eligible for the grant of citizenship the applicant has the burden of proving they have valid PR status, and this applies right up to the moment before the oath is taken.

General Observation About Leaving Canada Pending Processing of Citizenship Application: There is a tendency among many in this forum to equate "travel" outside Canada with going abroad for an extended period, even relocating to live outside Canada. They are not the same. The risks connected to the latter are considerably greater. There is also a significant constituency of forum participants who militantly insist there is no negative implications for the applicant who goes abroad for an extended period of time after applying. They tend to badly confuse their view about how things SHOULD work for how it really works. No need to revisit that conversation here, now, other than to reiterate the caution that there are significant risks and applicants who relocate abroad best be cognizant of the risks and plan and prepare accordingly.

just a wild wild thought / attempt. can @immi2grate try taking help from Canadian embassy in India to permit his mom to take the oath from inside the consulate?

 

[dpenabill]

just a wild wild thought / attempt. can @immi2grate try taking help from Canadian embassy in India to permit his mom to take the oath from inside the consulate?

There is a lot of interest in this forum about potentially taking the oath while outside Canada, way more interest than there is any real indications of any actual, practical chance to do that.

Because there is such a remote, hardly at all existent chance, I hesitate to so much as reference the rare (and so far as we know it is extremely rare) availability of taking the oath while outside Canada.

The OP's situation is clearly more pressing, time-wise, than would allow to make an application to the Minister to make an exception, which again so far as we know is very rarely allowed anyway. This would not be an application made through a visa office or embassy outside Canada so far as I know. But exploring options at this level of detail really calls for the assistance of a qualified Canadian immigration lawyer.

Note, there is no indication that there has been any recent change even proposed (let alone actually implemented) in the manner in which oath ceremonies take place since the implementation of online ceremonies for individuals IN Canada other than an initiative that is still only in the planning stage, which is considering an option for self-administration of the oath. This is referenced in a couple IRCC webpages:

https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/01/measures-to-improve-client-experience-and-modernize-canadas-immigration-system.html

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/acts-regulations/forward-regulatory-plan/list/amendments-citizenship-regulations-flexibility-oath.html

So far as I have seen, there is no indication this would include changes that would facilitate or allow taking the oath outside Canada (allowing for extraordinary exceptions at the Minister's direction).

So far I have not seen any actually proposed regulations, which will published in the Canada Gazette . . . but I have not perused the most recently published volumes yet. They can be found by link here: https://canadagazette.gc.ca/accueil-home-eng.html

Substantial changes to Citizenship Regulations 19 to 24 would need to be made. They can be found here: https://laws-lois.justice.gc.ca/eng/regulations/SOR-93-246/page-2.html#h-952206

 

[pxu061]

Here are your options:
1. If your mother already has a US visa or ESTA, she can fly to a nearest US airport (near the border) and cross into Canada in a private vehicle with a COPR
2. The other option is to wait and try your luck with your PRTD

Hi,
I have a similar situation here - 1) PR renewal still in process, 2) Citizenship Oath invitation comes, 3) outside of the Canada. I do have a COPR but that's issued in 2018... Would I be able to enter Canada with it from the US, and would I be able to take the oath?

I definitely met the PR renewal requirement, but it just took them over 5 months to review for some reason.. Would contact MP help in this case?

Appreciate the help!

Best,
Paul

 

[pxu061]

If your mom have USA visa , bring her to USA and then enter Canada via land with COPR and a photo ID. My PR card is expired and I go to USA for work , I enter Canada with COPR.

Hi,
I have a similar situation here - 1) PR renewal still in process, 2) Citizenship Oath invitation comes, 3) outside of the Canada. I do have a COPR but that's issued in 2018... Would I be able to enter Canada with it from the US, and would I be able to take the oath?

I definitely met the PR renewal requirement, but it just took them over 5 months to review for some reason.. Would contact MP help in this case?

Appreciate the help!

Best,
Paul

 

[bubuland]

I received the 2nd notice for late April Zoom oath ceremony. However, my mother's PR card was expired so I told Citizenship Canada that I have applied for a PRTD but it may not come on time and the ceremony date will need to be pushed. I got a reply that a final notice will be sent and if mother can't attend then she will have to apply for citizenship again.
I received the final notice today and it is for in person ceremony on the same day as the 2nd notice. What am I supposed to do now since the PRTD was applied 5 days ago and I'm not sure that it will be done by that time. I have told Citizenship Canada to delay the oath ceremony sometime in June. Has anyone else be in this situation? Is there a workaround?

Hello - Do you have any update please?