could anyone tell me what should i do with the RQ

[m3ax]

ok i am gonna try to make this short

i landed in canada in 2004 when i was 13 with my family . stayed in the country for about 3 months then i went back home. in 2009 i came back to Canada 2 months before my pr expiry date i got in Canada and never went anywhere since i knew that i could not apply for a PR because i don't meet the RR so i decided to wait for 2 years. in 2012 I applied to renew my PR and it took about 5 months the get it renewed. And last August i applied for my citizenship grant Today I got in the mail an RQ
in the RQ section 7 asks to list all trips outside Canada Since the ARRIVAL IN CANADA
That means they are going to know that i was outside Canada between 2004 in 2009
Now when they know this could they come and take my PR and kick me out of the country????
please Help
should i just cancel my citizenship application and stay as a pr for the rest my life ??

 

[eileenf]

ok i am gonna try to make this short

i landed in canada in 2004 when i was 13 with my family . stayed in the country for about 3 months then i went back home. in 2009 i came back to Canada 2 months before my pr expiry date i got in Canada and never went anywhere since i knew that i could not apply for a PR because i don't meet the RR so i decided to wait for 2 years. in 2012 I applied to renew my PR and it took about 5 months the get it renewed. And last August i applied for my citizenship grant Today I got in the mail an RQ
in the RQ section 7 asks to list all trips outside Canada Since the ARRIVAL IN CANADA
That means they are going to know that i was outside Canada between 2004 in 2009
Now when they know this could they come and take my PR and kick me out of the country????
please Help
should i just cancel my citizenship application and stay as a pr for the rest my life ??

Please talk to a qualified lawyer or settlement worker before making this decision.

If you abandon your cit application now, you would likely receive an RQ for any future applications as well. You are young, if you decide to not become a citizen, you will have a long time to reconsider and encounter different situations where citizenship would be very helpful to you. Try to be as well informed about the consequences of going forward or abandoning before you make decisions with long term consequences.

Good luck.

 

[Msafiri]

Your PR status will not be retroactively revoked just because you were previously in breach of the residence obligation. Because you waited for 730 days prior to applying for your PR Card you put your PR status back in good standing. If this is the only reason for your intention to withdraw PR then its a non issue. Respond to the RQ with whatever you have in 45 business days. Include a cover letter stating you will send in the other documents later.

You likely got flagged for RQ due to some triage reason maybe lack of employment? What have you been doing in Canada since your return at age 18? Was your passport valid at the time of citizenship application. Did you give CIC consent to obtain your CBSA travel records of entry into Canada?

Its always helpful for the forum when citizenship applicants provide a complete timeline of their process so that it can help others just as the forum has hopefully assisted you. Please add your timeline if ok with you i.e. applied on date x, received at CIC Sidney date y, in process date z etc. Thanks.

 

[RussCan]

When you were filling out the application form for renewal of your pr card, you must have accounted for all periods of abcence from Canada since becoming the pr. Did you show on your application then that you had been absent from 2004 to 2009? If yes, then you should be fine, as the fact that they renewed your card explicitly predicates your qualification as a PR. However, if you failed to show that absence, or tampered with the dates, then the resultant discrepancy can get established when they review your citizenship application.

 

[m3ax]

When you were filling out the application form for renewal of your pr card, you must have accounted for all periods of abcence from Canada since becoming the pr. Did you show on your application then that you had been absent from 2004 to 2009? If yes, then you should be fine, as the fact that they renewed your card explicitly predicates your qualification as a PR. However, if you failed to show that absence, or tampered with the dates, then the resultant discrepancy can get established when they review your citizenship application.

when you apply to renew you pr they don't ask you to account for the days since you became a pr they only ask to account for the days in the past 5 years in my case they were from 2007 to 2012

 

[Msafiri]

when you apply to renew you pr they don't ask you to account for the days since you became a pr they only ask to account for the days in the past 5 years in my case they were from 2007 to 2012

An immigration verification check is carried out as part of the citizenship process...if there are discrepancies between CIC data and your declared days to include the record of any PR Card renewals, TD applications, sponsorship etc there could be an issue. Under which category did your parents land FSW/skilled, entrepreneur class etc?

 

[RussCan]

You are right, my bad. It's a conundrum. I agree with Eileen, you are best to seek advice from a professional immigration lawyer.

 

[Travel Dream]

In my opinion, you left Canada when you were 13 years old in 2004 and came back 2009 when you were 18. during this time you wren't under residence obligation (2 years out of last 5 years ) because you were under 18. and your residence obligation start after you reached 18.

you should ask an expert immigration lawyer. this question

if someone at age 18 exactly do they ask him about the residency obligation if he want to renew his PR (do they count days for this person before he completed 18 )

 

[m3ax]

An immigration verification check is carried out as part of the citizenship process...if there are discrepancies between CIC data and your declared days to include the record of any PR Card renewals, TD applications, sponsorship etc there could be an issue. Under which category did your parents land FSW/skilled, entrepreneur class etc?

ok first of i have no way of knowing the exact dates that they are asking about i mean how am i expected to go back 10 years in my life and start remembering dates keep in mind i was 13 at that time
and my parents do not live in Canada and we are not in connection
i know that my parents landed as entrepreneurs
i do not what to do now
I don't have time or money for lawyers . i am thinking to cancel my application now then apply again when i finish school. I have 2 years left to finish my master of inter networking engineering. I could apply when i am done and at that point i won't even care if i get kicked out of the country since i am going to have +85K in student loans. I could just go and work anywhere in the world

 

[eileenf]

I don't have time or money for lawyers . i am thinking to cancel my application now then apply again when i finish school.

I really encourage you to try to get as much information as you can before deciding.

Personally, I encourage you not to cancel your application because you have met the residence qualifications for citizenship. The CIC has treated many thousands of us quite shoddily. When people abandon legitimate applications, in my opinion, they're helping the CIC to treat us badly. I feel that we shouldn't help the CIC to disenfranchise us and deny us our rights.
But it is your choice. At the least, please be well informed though.

Regarding lawyers. IF there is a law school at you university, there is probably a cheap or free legal clinic available for you as a student. There also may be an international student centre where you can get advice.

 

[newtone]

Relax dude nobody will kick you out of Canada. They may prolong your citizenship for a few years but cant do anything more

 

[RussCan]

Travel Dream,

I think you might be confusing no physical presence requirement of 1090 days for children under the age of 18 as a prerequisite to apply for grant of citizenship with the minimum residency obligation to keep your PR status. I have perused the CIC web site where it pertained to application for a PR card, and, unfortunately for the poster, nowhere I could find any reference to a waived residency obligation for children under 18 . On the contrary, under the Appendix A: Residency obligation / Time spent outside of Canada / OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada it's states:

You may count each day that you accompanied a Canadian citizen or permanent resident outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age);

The last phrase quite implicitly suggests that the minimum residency requirement applies to children.
Based on the particularities outlined by the poster, he may have forfeited his PR status in the period from 2004 to 2009 through failing to acquire the minimum required period of 2 years of physical presence.

The poster needs to get a professional counselling with his situation.

 

[m3ax]

Travel Dream,

I think you might be confusing no physical presence requirement of 1090 days for children under the age of 18 as a prerequisite to apply for grant of citizenship with the minimum residency obligation to keep your PR status. I have perused the CIC web site where it pertained to application for a PR card, and, unfortunately for the poster, nowhere I could find any reference to a waived residency obligation for children under 18 . On the contrary, under the Appendix A: Residency obligation / Time spent outside of Canada / OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada it's states:

You may count each day that you accompanied a Canadian citizen or permanent resident outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age);

The last phrase quite implicitly suggests that the minimum residency requirement applies to children.
Based on the particularities outlined by the poster, he may have forfeited his PR status in the period from 2004 to 2009 through failing to acquire the minimum required period of 2 years of physical presence.

The poster needs to get a professional counselling with his situation.


In my opinion, you left Canada when you were 13 years old in 2004 and came back 2009 when you were 18. during this time you wren't under residence obligation (2 years out of last 5 years ) because you were under 18. and your residence obligation start after you reached 18.

you should ask an expert immigration lawyer. this question

if someone at age 18 exactly do they ask him about the residency obligation if he want to renew his PR (do they count days for this person before he completed 18 )

thanks for the reply
but i am not worried about the pr i already got my pr renewed last year
my question is
what are they going to do when i tell them in the citizenship RQ that i was not in Canada between 2004 and 2009, and that i stayed in Canada from 2009 until 2012 with an expired pr?

 

[RussCan]

Well, there might be two possible outcomes:

They may let it pass;

They may challenge you for failing to keep your residence status, strip you of your ill-gotten renewed pr card and even bring this case up to a removal order if the worth comes to worst. Mind you I am speculating, as anyone of us will on this forum for non of us is an immigration expert. This is why, I think you should get professional advice. Good luck.

 

[touché]

thanks for the reply
but i am not worried about the pr i already got my pr renewed last year
my question is
what are they going to do when i tell them in the citizenship RQ that i was not in Canada between 2004 and 2009, and that i stayed in Canada from 2009 until 2012 with an expired pr?

This is more of a non-issue than you seem to think it is.

http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

Section 5.1 on page 7 states;

"For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application. Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application"

If this period is your only concern, you need not worry. Just fill out and send the RQ.