Hearing with judge - do you get the answer immediately? How long to the oath?

[SuziQ]

Hi everybody,

I lived in Canada for almost 4 years. When I had ~1200 days (which I can prove more or less) I applied for citizenship and 5 months later I returned to my home country because of some health issues.
I traveled to Canada again when I was called for the citizenship test (I assume I passed it OK) and got back to my home country.
2 months later I got the RQ and I sent it to them with some documents.
Now I received a notice to appear for hearing with the judge but I'm still outside Canada.

Could anyone with similar experience share about his/her interview with the judge?
Do you get a yes or no answer immediately?
And if it's yes - how long does it take from the judge hearing to the oath?

Please help with some thoughts - I need to urgently consider what are my chances and decide if I travel again for the hearing or give up... (which would be a pity, 'cos I still intend to return to Canada one good day...)

Thank you!

 

[Kingoftherings]

Sorry to say this to you but are you actually not living in canada i can see clearly that you are living in your home country and you dont want to make your life and residence here in canada if so i wonder why did you emigrated from your home country to here if you dont want to live here anyways PLEASE GO BACK TO YOUR HOME COUNTRY AND DONT TAKE BENEFICT OF THIS SYSTEM

 

[walitys]

i wonder why did you emigrated from your home country to here if you dont want to live here anyways PLEASE GO BACK TO YOUR HOME COUNTRY AND DONT TAKE BENEFICT OF THIS SYSTEM

Kingofthe... PLEASE BE NICE AND SHUT UP.

 

[Bargeld]

Stay in your country, don't bother with the hearing, return to Canada and file for a PR down the road when you take Canadian residence/citizenship seriously.

Otherwise you're taking advantage of a system designed to benefit those who actually want to live here and be Canadian.

 

[SuziQ]

Sorry to say this to you but are you actually not living in canada i can see clearly that you are living in your home country and you dont want to make your life and residence here in canada if so i wonder why did you emigrated from your home country to here if you dont want to live here anyways PLEASE GO BACK TO YOUR HOME COUNTRY AND DONT TAKE BENEFICT OF THIS SYSTEM

Be sure I don't take any benefit - I explicitly reported I'm out of the country to all services concerned. And, as I already mentioned before - I'd like to make my life in Canada but for some reasons I'm not able so far. So, if you can't be helpful, pls just stay in silence instead attacking without understanding.

 

[SuziQ]

Stay in your country, don't bother with the hearing, return to Canada and file for a PR down the road when you take Canadian residence/citizenship seriously.

Otherwise you're taking advantage of a system designed to benefit those who actually want to live here and be Canadian.

I don't need taking advantage and I don't receive any benefit from Canada, just trying not to lose my option for the near (I hope) future return. Are you aware whether I can regain Permanent residency if I lost it because of not being present last 3 years out of 5?

 

[SuziQ]

Thank you. I know that but my PR is expiring soon and I wonder would I be able to "restore" it if I lose it or I need to start the immigration process from the beginning though I was a permanent resident once. I searched the official sites and never found an answer...

 

[SuziQ]

Like i said before you will be able to restore it giving you had lived in Canada for 730 days out of 5 Years, in order for a renewal you have to be present in Canada. It take 103 Calendar days to renew it in routine or 30 days if you apply urgent. Applying for a urgent service you have to provide you itinerary as well as the receipt of it. But if your PR is expired while you are outside Canada then you will lose it and you have to reapply and do the whole immigration case all over again. Another thing, you can enter Canada even on the day your PR expires, even you had not spent 730 days here then all you to do is live here for 2 years and then apply for a renewal.

Thank you for your useful answer!
Have a good day!

 

[canuck_in_uk]

But if your PR is expired while you are outside Canada then you will lose it and you have to reapply and do the whole immigration case all over again.

Wrong. PR status doesn't expire, it must be formally revoked by Canada or renounced by the person. It is only the PR card that expires. If the card expires while someone is out of the country but still meets the residency obligation, they can apply for a PR Travel Document to return to Canada, where they can they renew their PR card with no issue. A visa-exempt person doesn't even need the PRTD; they can travel to Canada on the strength of the passport alone and show the expired PR card to the officer, along with some proof they meet the residency obligation.

Another thing, you can enter Canada even on the day your PR expires, even you had not spent 730 days here then all you to do is live here for 2 years and then apply for a renewal.

You are really giving bad advice. A PR who doesn't meet the residency obligation can be reported on entry; they then have 30 days to appeal the loss of their PR status. Without a very strong Humanitarian and Compassionate reason for not meeting the obligation, they will lose their PR status. Though most people don't get reported, it is still a possibility, so it is very unwise of you to tell someone that is a definitive option.

 

[jellyace]

correct! just go home and be happy! that is one reason why the government of canada is taking too long to process the citizenship of all who are deserving to be citizen of this country. u think u can fool the agency? u think u are smarter than them? oh men!!! this is canada , wake up!

 

[NSBoy902]

Please be nice to each other and retain sending right comments.

He has every single rights to stay or go back to his country. No one can stop him/her.

It is NOT recommended to leave Canada after filing your citizenship application. And, you do not have to stay in Canada either.

If you are honest with every single thing mentioned in your application; say the same thing in front of the judge and let the judge decide.

 

[amikety]

I don't need taking advantage and I don't receive any benefit from Canada, just trying not to lose my option for the near (I hope) future return. Are you aware whether I can regain Permanent residency if I lost it because of not being present last 3 years out of 5?

If you lose your PR for not meeting residency requirements, you have two options. First, if you have a strong H&C case, you can appeal on those grounds. Strong means one of your parents was deathly ill and needed you at their side. It's not about attending university or traveling.

The other option is to re-apply for PR all over again, assuming you meet requirements for another immigration program. You would have to re-submit your application to CIC. However, CIC may question whether or not you truly want to live in Canada since you didn't meet requirements.

So the short answer is - yes.

 

[SuziQ]

Thank you all who answered to the point without stupid remarks!

 

[Msafiri]

Hi everybody,

I lived in Canada for almost 4 years. When I had ~1200 days (which I can prove more or less) I applied for citizenship and 5 months later I returned to my home country because of some health issues.
I traveled to Canada again when I was called for the citizenship test (I assume I passed it OK) and got back to my home country.
2 months later I got the RQ and I sent it to them with some documents.
Now I received a notice to appear for hearing with the judge but I'm still outside Canada.

Could anyone with similar experience share about his/her interview with the judge?
Do you get a yes or no answer immediately?
And if it's yes - how long does it take from the judge hearing to the oath?

Please help with some thoughts - I need to urgently consider what are my chances and decide if I travel again for the hearing or give up... (which would be a pity, 'cos I still intend to return to Canada one good day...)

Thank you!

The Judge has 60 days to make a determination on your application after he/she gets the file (as a referral) from CIC. There will be some lag due to you being required to attend an interview. What date is your hearing? The Citizenship Act refers to the judge forthwith notifying CIC and the applicant of the determination...I haven't checked the Federal Court case law on this but I would guess this means within 5 business days. Either the applicant or CIC then has 60 days to appeal the Judge's determination.

By default an Oath invite would have to be on hold pending the appeal time line. You can have a minimum and maximum time line based on how quickly the Judge notifies his/her determination. Seems 150 days mark is a good approximation to the max time out to include mail time. So an oath around the 5-6 month mark after hearing.

Your immediate concern is that if your absence from Canada is at or near the 3 year mark in the last 5 years you will loose your PR. A pre-requisite of Citizenship is to have PR/ no issues around PR including any reports. If you get a CBSA agent who decides to report you when you return for the hearing then saving your PR will be your situation not the citizenship which you can forget about till the PR issue is resolved. This is effectively the risk that applicants take when they leave Canada soon after applying and their case gets held up in the RQ process...be warned!

Good luck

 

[walitys]

But if after staying in Canada for 2 you leave
and spend 2y11mo. abroad,
you will still have the right to return to Canada.

Then you will need to live in Canada at least 2 (out of 5) years again
in order to retain your PR right.