Citizenship in process, but leaving Canada

[MKJ]

Thanks for all,

Here is my background. My application was received on March 10, 2014. The file is starting on April 22, 2014. The file was arrived in Edmonton local office in the beginning of June. Both of my parents are struggling with health problem. They are in need of my help. Luckily, I got one year approved no pay leave from my company in order to be there with my family members.

I called CIC regarding this problem and the agent told me I need to report to them on phone for any 2 months leaving. More than 2 months leaving needs to report to my local office. So which one should I report to (I don't have the return date yet)? Any advise?

If you do so, make sure you get some sort of Doctor's certificate, medical / hospital bills etc. This is a very valid reason for travel and shouldn't be a problem at all. Once you are invited for test, be prepared to come back for test immediately. During interview they might question your fresh entry to Canada and once you show them the papers and explain the reason, you won't get RQ'd, I am very positive. Only possibility is they'll get a latest CBSA verifcation report, which might add a month or so for Oath taking, that's it.

Simply put, if you were to get an RQ, you will get it even if you don't travel.

Take care.

 

[MKJ]

It doesn't make sense to me what you are saying... even on CIC website it says that you have to notify the CIC only if you are out of the country for over 2 weeks. But people can still live their lives and visit their home country and travel for work around the world if needed.

I don't believe that everyone who leaves Canada for a short time after applying for citizenship gets RQed. It just doesn't make sense..... I think that if you can proof that Canada is your main residence (paying taxes, job here) you can travel outside the country. Maybe I am wrong, but that's my 2 cents.

You are absolutely right OrangeCup

To add to this a bit more, you won't believe how many people have no clue as to why they got RQ'd and when such people re-send all their paper work again, they got test invites within short time and are already citizens. On the other hand there are people who are struggling for God knows 27, 32, 38, 40 months etc etc.

No need to be scared of RQ, face it if you get it and shouldn't be a problem if you were physically in Canada for the said period.

Cheers

 

[curiousperson]

If you have a justified reason, you can travel and live outside Canada. If you dig deep into the threads, you'll find quite a few cases who after filing their application, left Canada and just came to Canada for test and didn't get an RQ served.

One of the forum user I remember was Yolka, who just came for test and had absolutely no issues after justifying the reason for absence.

Also, you'll find cases where applicants DIDn't notify CIC and are all over in Middle East for great paying jobs, specially U.A.E. They checked status online regularly and kept in touch with their relatives(in your case it will be your Uncle) for test invite and came for test and got their citizenship. Some who couldn't make it, even called from outside Canada and got new test date etc.

If your file is clean, there shouldn't be any issues as far as RQ is concerned. Living in Canada doesn't mean you won't get an RQ.

Take care.

Hi MKJ,

Thank you for your story. In case of ToyBB, his parents has health problem, and this is a legit reason why he/ she leave Canada.
For me, the reason i leave Canada is to find work experience and some income in my home country and then come back again to Canada to continue school (taking CPA).
I don't know if that is a legitimate reason? or will the CIC complicate my process?

and Also to inform the CIC of my absence, Do I have to call them from inside of Canada or can I call them from outside?

Thank You everyone for your answers

 

[MKJ]

Hi MKJ,

Thank you for your story. In case of ToyBB, his parents has health problem, and this is a legit reason why he/ she leave Canada.
For me, the reason i leave Canada is to find work experience and some income in my home country and then come back again to Canada to continue school (taking CPA).
I don't know if that is a legitimate reason? or will the CIC complicate my process?

and Also to inform the CIC of my absence, Do I have to call them from inside of Canada or can I call them from outside?

Thank You everyone for your answers

Hi curiousperson,

This won't qualify for legit reason honestly, you'll be taking chances, since your intent to continue in Canada will be a Q mark. Again if lucky, you can be through, but would give a strong reason for issuance of RQ resulting in a delay of about 9 months to a year or so for test and oath.

Take care.

 

[crazylove]

If you do so, make sure you get some sort of Doctor's certificate, medical / hospital bills etc. This is a very valid reason for travel and shouldn't be a problem at all. Once you are invited for test, be prepared to come back for test immediately. During interview they might question your fresh entry to Canada and once you show them the papers and explain the reason, you won't get RQ'd, I am very positive. Only possibility is they'll get a latest CBSA verifcation report, which might add a month or so for Oath taking, that's it.

Simply put, if you were to get an RQ, you will get it even if you don't travel.

Take care.
[/quote

I know a family who moved back to their home country after applying for Citizenship and gave their friends address to receive any correspondence from CIC. They got their Citizenship without any RQ, Honestly people on this forum take extreme cautions and are too scared, 1095 days rule applies prior to applying for Citizenship so yes you can leave, but if your application is taking longer than make sure you meet the PR Status Requirement. Hope this helps.

 

[MKJ]

Thanks crazylove for adding about maintaining the PR card while being away.

 

[crazylove]

Thanks crazylove for adding about maintaining the PR card while being away.

No problem you are welcome. That's the main to bear in mind while moving out of Canada.

 

[torontonian2003]

During interview, CIC officials are expected to check for travels (even after filing a citizenship application--note the underlined texts in the following excerpt from "CP 5 Residence", a published guideline used by CIC officials to assess residence):

Indications declared residence may be in question
The following list, while not exhaustive, includes indications that further inquiry into declared
residence may be required. It is important to note that indications alone do not necessarily mean
a case of residence not being met. Their weight and credibility vary and must be considered in
conjunction with all information on file.

— Residence declaration
• Applicant declares Non-Permanent Resident (NPR) time which cannot be confirmed through
immigration documents, FOSS, or stamps in passport and NPR time is needed in order to
meet the residence requirement. (CPC referral.)
• Applicant cannot adequately or convincingly account for time spent within the past four years.

— Previous applications
Applicant had a previous application for citizenship that was refused on residence. (CPC
referral.)
• Applicant had a previous application for citizenship that was abandoned or withdrawn. (CPC
referral.)

— Passport
• Stamps in passport indicate that the applicant has not declared all absences from Canada.
• When coming to write an exam or to have a quality assurance interview, the client’s passport
shows recent entry stamp to Canada or an exit stamp from another country.
• Client presents a new passport but cannot account for passports used during the relevant
four year period, or client is in possession of a new passport issued outside Canada.
• Client is asked to present passport at an exam or scheduled appointment but does not bring
it.

— Immigration
• NCB (non-computer based entry in FOSS similar to a client note in GCMS) indicates that the
applicant travels often, that Immigration has received information that the applicant does not
reside in Canada, that the applicant relinquished or attempted to relinquish permanent
resident status while outside Canada, or that the applicant has lost or is subject to loss of
permanent resident while outside Canada (for example an RX-1 visa was issued).
• An individual has been identified by Immigration as being subject to loss of permanent
resident status in Canada under the Immigration and Refugee Protection Act because he or
she did not meet the residency obligation.

— Other indications
• CIC receives a letter or an e-mail from the Call Centre or there is a client/case note in GCMS
indicating information has been received that the applicant travels often or that the applicant
does not reside in Canada.
• The documents appear to be suspicious or fraudulent.
• There is a major discrepancy between the appearance of the signature on the photograph
and the signature on the application.
• The photographs submitted with the application were taken outside of Canada but no
absences are listed on the application.
• The employer phone number not stated on an adult application, the area code for a person’s
employment is different from their home area code, or employer cannot be contacted.
A number of applicants are using the same Articles of Incorporation for Canadian companies
or are listing the same persons as members of the Board of Directors for a Canadian
company.
• A letter of employment is signed by the applicant or by a member of the applicant’s
immediate family.
• A number of applicants are sharing the same residential address, home telephone numbers
or business address, but they do not submit applications together.
• Multiple applications are completed in the same handwriting or typewriting style but are not
submitted together and section 12 of the application form (indicating that someone has
assisted in the completion of the application) has not been filled out.
• There are different handwritings on the application form and Section 12 is not completed.
• The date of application is within times shown as being outside of Canada.
• Work outside Canada is presented as assignment by a Canadian company when applicant or
relative is the actual owner or shareholder of the company.
• The client who has been asked to provide fingerprints has them taken outside Canada.
• Provincial healthcare card is expired.

 

[torontonian2003]

Also take into consideration the fact that a notice for an exam is usually sent just a few weeks (2-3 weeks) typically just before the exam/interview date. You have to be prepared to arrange for potentially expensive airfare, should you receive notification while you're abroad.

With the assent of Bill-C24 as a law, CIC might be more inclined to give special scrutiny for prolonged out of country travels, shortly after submitting an application. Note that one of the most discussed aspect of the new law is the so-called "intent to reside" clause. The effectivity of this clause has not been formalized with a date and a change of the citizenship application forms BUT note that some policies according to Bill C24 seems to be already put in practice even before the bill was given royal assent. An example is on the spot decisions given to applicants who passed the test/interview in processing offices like Mississauga,--some applicants have taken oath within a week after passing test, some as early as 2 days after. While judge approval may be one en masse in such case like in Mississauga, it is effectively that the citizenship officers have already exercised the right to make a citizenship grant decision (this goes as early as the start of the year, while Bill C-24 is still being debated).

TO VIEW CITIZENSHIP TIMELINES FROM DIFFERENT CITIES PLEASE BOOKMARK:
https://docs.google.com/spreadsheet/ccc?key=0ArnuR0El8SEtdEhMS0dQNEQwVXppZ3VDdWNsVlM0TXc&usp=sharing

 

[MKJ]

This is great torontonian2003.

This has been in existence, while tens of thousands have already become citizens despite falling in one or more than one of the clauses above.

It all depends on the local office and officers mood that's all.

However only point we are trying to emphasize is one has to weigh their travel vs risk, depending on the legitimitacy for reason of travel / absence.

For example, I personally know people, who were expecting new born in their family and preferred to travel back home, this was a very legit reason and had no issues. They had their test rescheduled from overseas and were fine. There are so many who are travelling for vacation, business trips as well after filing and are fine.

Imagine one saying no to their boss, to travel for business trip to USA, because one has filed their citizenship papers??

Many cases where an RQ is positively issued where the residence calculator dates do not match passport or are missing day travels to USA etc. Meaning when there's an ambiguity between the declared dates and passport, the officers don't like to scratch their head / waste time and get away with issuing an RQ.

Cheers

 

[tormenta]

Hi curiousperson,

This won't qualify for legit reason honestly, you'll be taking chances, since your intent to continue in Canada will be a Q mark. Again if lucky, you can be through, but would give a strong reason for issuance of RQ resulting in a delay of about 9 months to a year or so for test and oath.

Take care.

Nothing in the law says you cannot leave Canada after applying (C-24 changes that, of course, but your application is being processed under the pre-C-24 law). It is of little use to speculate how CIC officers may interpret someone's absence, but nothing in the law regulates what is considered a "justifiable" or legitimate absence. At the end of the day, CIC officers have to comply with the law, just like we do, so as long as you meet the requirements, you should be fine.

 

[crazylove]

Nothing in the law says you cannot leave Canada after applying (C-24 changes that, of course, but your application is being processed under the pre-C-24 law). It is of little use to speculate how CIC officers may interpret someone's absence, but nothing in the law regulates what is considered a "justifiable" or legitimate absence. At the end of the day, CIC officers have to comply with the law, just like we do, so as long as you meet the requirements, you should be fine.

Absolutely Spot On!

 

[MKJ]

Nothing in the law says you cannot leave Canada after applying (C-24 changes that, of course, but your application is being processed under the pre-C-24 law). It is of little use to speculate how CIC officers may interpret someone's absence, but nothing in the law regulates what is considered a "justifiable" or legitimate absence. At the end of the day, CIC officers have to comply with the law, just like we do, so as long as you meet the requirements, you should be fine.

You are absolutely right tormenta.

We can keep flogging a dead horse, but at the end of the day as you said, "Nothing in the law says you cannot leave Canada after applying".

Cheers