debysousa said:
I've applied for my citizenship after living in Canada since 2006 as PR, arrived in 2005.
I travel a lot and I am self employed so I think that cause me to get a RQ, Ive just completed it and am sending it back. I believe I have a very strong response as I have been living in Canada and have all documents to proof it such as lease agreements from all residencies in the years (2010/2014), lease agreements from business that I have had during the period, tax filling, back letter saying I have had an active account with them since 2007 with average over 30 transactions a month, personal doctor letter saying Im his patient since 2007...(my health record didn't arrive but I am sending after).
This year I decided to start a business in the U.S. (have already opened a commercial location here) and have spend 4 months here, going back to Canada now for a little bit... I have been advised to apply for a non-immigrant business visa (L1) so I don't have to be limited by the 180 days in the use limitation and I will be ok to work my business here. Its a visa for 1 year with potential to extend for 3 years but its a non immigrant visa so it doesn't lead to a green card.
Would applying for this visa interfere with my citizenship?
If a judge asks, I will be spending more time in the US since I am starting my business here, I have had my business in Canada for over 6 years and still on going (I don't have a physical location there anymore, just my team and I receive income) but I will continue to go spend some time in Canada...however the nature of the visa I would be getting is one of a person that intends and is committing to going back to their country of residency. I have no intention to be a permanent resident in the US. I believe if a judge would interview me they would have no question of my intention in staying in Canada for life as thats the truth.
Any feedbacks/opinions is appreciated. Thanks
We received your application for Canadian citizenship (grant of citizenship) on September 24, 2014.
We sent you a letter acknowledging receipt of your application(s) on February 12, 2015. Please consider delays in mail delivery before contacting us.
We started processing your application on March 2, 2015.
Your file was transferred to the Calgary office on March 31, 2015. The Calgary office will contact you.
Good news: you have not received a pre-test RQ. You could sail through the process without a wrinkle.
This has a lot to do with the fact that how things go for your application has a lot, lot more to do with the relevant four years in the residency calculation than it does what you did before or after those four years.
The odds of RQ go down considerably if your case is transferred to the local office with no pre-test RQ issued. Only if something comes up or looks awry in the pre-interview check or in the interview itself are you likely to be given RQ. If you do not get RQ, the coast is clear, sailing should be good.
But of course, as you apprehend, if CIC is apprised of your activities abroad that might trigger RQ, and once you are in the RQ'd case queue things can get complicated for an applicant who is spending extended periods of time abroad.
And yes, when it comes time for the interview, it is possible the interviewer will notice and pay attention to the entry of a U.S. visa even though it is dated after you made your citizenship application. Not every one reports that the interviewer examines all pages of all passports. My sense is that most do. My interviewer certainly did. (Quickly, glancing, but there were not that many stamps to examine, as most of my travel was between Canada and the U.S. for which I had only a couple stamps, most stamps pre-dating the relevant four years.)
Time outside the relevant four years:
As I said, the focus of CIC's assessment is specifically on the relevant four years prior to the date the application was submitted.
In particular, what you were doing prior to the four year period is almost totally irrelevant. (Many would think that living in Canada before the four year period would be a positive factor; it is mostly a
non-factor.)
The time period after the relevant four years (that is, after applying and while the application is pending) can be relevant, but it cannot be taken directly into account for purposes of the residency calculation itself. Its relevance is not easy to describe, except to say it can have a significant influence on how CIC and a CJ approach assessing you personally and your accounting of facts.
This is mostly about applicants CIC perceives to be in pursuit of a Canadian passport more than becoming an in fact citizen . . . includes those who former Minister Kenney oft referred to as in pursuit of a
passport-of-convenience, or those applicants other times described as having
applied-on-the-way-to-the-airport.
There is nothing about having
applied-on-the-way-to-the-airport which disqualifies an applicant under the currently in effect law (which will govern all applications already submitted), and so that alone is not a reason why CIC or a CJ can deny citizenship. But make no mistake, if CIC perceives this, CIC is likely to make a concerted effort to dig up whatever it can find to justify denying citizenship. And at least some CJs appear inclined to do CIC's bidding in this regard. And at least some Federal Court justices are willing to back them up.
For you in particular, here is the rub: this issue is not about a formal qualification. It is far, far more about appearances and indirect influences. It is more about apprehending that CIC might perceive you to not deserve citizenship and because of that make it a lot more difficult for you.
If for example your application was not already in process but you were to apply later this year after the revised requirements come into force, and were thus subject to the new requirement that the PR applicant must intend to continue to reside in Canada, then it would be more about the actual factual circumstances in the period of time after submitting the application. Difficult to guess how it would go in that case, but I can readily see the focus of attention turning on whether the business in the U.S. was a primary business venture or merely a satellite venture of sorts for what is in large part a Canadian business. If the former, that would likely be a serious problem despite vehement assurances about a plan to continue living in Canada.
But in your case, there is not likely to even be an open discussion about your plans, or what the U.S. business is really about, since technically they are not relevant . . . even though we all know that despite their lack of relevance, the impression CIC has because of this is quite likely to have a significant, if not dominant, influence on how they assess your case.
This leads to what you speculate you could "explain" to a "judge."
You said:
If a judge asks, I will be spending more time in the US since I am starting my business here, I have had my business in Canada for over 6 years and still on going (I don't have a physical location there anymore, just my team and I receive income) but I will continue to go spend some time in Canada...however the nature of the visa I would be getting is one of a person that intends and is committing to going back to their country of residency. I have no intention to be a permanent resident in the US. I believe if a judge would interview me they would have no question of my intention in staying in Canada for life as thats the truth.
Most of what determines how things go in your case, and ultimately the outcome, will be sorted out long, long before you ever have an interview with a Citizenship Judge. In other words, most of what affects the outcome in your case will be determined before there is any opportunity for a CJ to even ask about your business and your plans.
Either
-- CIC will be satisfied with the application and your residency, not issue RQ, but rather approve and grant you citizenship as a routinely processed case (the
smooth sailing scenario), or
-- CIC will spot the U.S. visa or something else will catch their attention, leading to RQ, leading to a close examination of your CBSA travel history and probably exposing the extent to which you have been outside Canada since applying, leading to elevated scrutiny, delays in processing, and if in CIC's eyes they perceive you to be in pursuit of a
passport-of-convenience, or otherwise one who has, in effect,
in their eyes,
applied-on-the-way-to-the-airport, there is an increased
risk that the process will be particularly long with CIC digging for whatever reason might be found to deny citizenship
If the latter happens, years from now you will eventually be scheduled for a hearing with a Citizenship Judge. His or her focus will be on whether or not you proved your residency. His or her attitude will already be largely shaped by the referral submitted by CIC, which will probably largely be a composition of arguments against a finding that you have proven residency. The CJ may or may not be concerned with what you have been doing since applying, but that will not be the critical criteria. I am not saying this will happen, just that there is a risk it might, and if it does, by the time you are in front of a CJ, promises about living in Canada in the future are not going to carry much weight.