Consequences of applying with basic residence

[morbrb]

Hi there,

I have 1095+ basic residence days, but only 800+ physical days. I think I should be able to make the case that I was a "resident" for the judge. My wife was living in Canada all the time and I was a student going abroad back and forth.

1. My wife is applying with physical residence days. Can my application with basic residence negatively affect her application in any way? We are planning to submit two separate envelopes/applications.

2. My wife needs to come abroad with me right after her application submission for about 6 months for a trip of obvious temporary nature. Would this cause her any serious problems? I know about the "intent" clause, but for now is it necessary?

3. If I apply with basic, can I withdraw my application anytime I want?

4. What is the worst that can happen to me if I apply with basic residence? Worst case scenario I'll get rejected and lose the time/application fee? Anything else?

I know these questions have been asked before, but you, with stress and everything, you always want to be sure. Apologies in advance.

Thanks a lot.

 

[Msafiri]

Type 'basic residence' in the search function of the Citizenship section. You will get multiple threads detailing why you will be meeting the CJ and likely getting your application bounced. If you are in an under resourced Local Office e.g. Edmonton you may get a final answer on the application sometime this decade. But its only 400 bucks eh!

 

[keesio]

1. It should not in theory. But in practice, I don't know for sure
2. The "intent" clause doesn't come into effect until next year. So it does not apply (and to be honest, it really has no real impact). Some people say a long trip outside Canada after applying can potentially trigger an RQ but technically it is fine to do so (in theory).
3. Yes, I believe you can withdraw your application
4. Again, some people say that someone who had an application that has been given an RQ/rejection in the past and re-applies later has a greater chance of getting another RQ. Again I don't know for sure as it is all speculation. I think they streamlined the RQ process more so it is not so strict.

If you think you can get to 1095 physical days if you stay in Canada now until june next year, I would do so. because after june 2015, the new law comes into effect where you need 4 out of 6 years. If you apply now and get rejected (most likely), then you will have to reapply and probably miss the chance to apply under the current 3 out of 4 year requirement.

 

[morbrb]

1. It should not in theory. But in practice, I don't know for sure
2. The "intent" clause doesn't come into effect until next year. So it does not apply (and to be honest, it really has no real impact). Some people say a long trip outside Canada after applying can potentially trigger an RQ but technically it is fine to do so (in theory).
3. Yes, I believe you can withdraw your application
4. Again, some people say that someone who had an application that has been given an RQ/rejection in the past and re-applies later has a greater chance of getting another RQ. Again I don't know for sure as it is all speculation. I think they streamlined the RQ process more so it is not so strict.

If you think you can get to 1095 physical days if you stay in Canada now until june next year, I would do so. because after june 2015, the new law comes into effect where you need 4 out of 6 years. If you apply now and get rejected (most likely), then you will have to reapply and probably miss the chance to apply under the current 3 out of 4 year requirement.

Thanks Keesio. Yes, if I miss this chance, I'll have to apply under the new rules. If the 400 bucks gives me a 0.001% chance I'll definitely take it. My only serious concern is the effect on my wife's application. I hope it does not affect her application. Thanks again buddy.

Others, any comment on whether, in practice, my application affects my wife's?

 

[moti]

yes,your application ll affect your wife's application because if you ll get RQ her application ll be stuck as well till your RQ is assessed. So, I would suggest that you both should apply separately, individually not as a family application. If there ll be no concerns with her application,her application ll be processed independently and ll not be affected by your delay.