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.
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.
