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Intention to live in Canada during application process

dpenabill

VIP Member
Apr 2, 2010
6,421
3,163
Without intending to get hung up on the word "deserves," I disagree with the proposition that the "law prescribes who deserves citizenship under the law."

"Deserves" is not a legal term, not a term of art, and rarely if ever cited as criteria employed in formal decision-making. It is not among the formal criteria employed in the citizenship application process.

The law specifies the qualifications for citizenship, and the substantive and procedural requirements for obtaining a grant of citizenship. The law says who is to be granted citizenship.

Legally, deserves got little or nothing to do with it.

Practically, however, only fools go into the process disregarding the impact impressions can make on how things go. The mechanics and elements of this are too varied and diverse to warrant wandering there now. But in the context of this particular topic, despite the repeal of the intent to continue residing in Canada requirement, prospective applicants may want to consider the impression it makes and how that might influence the process if IRCC realizes they have left Canada to live abroad while the application is pending.
 

links18

Champion Member
Feb 1, 2006
2,009
129
Without intending to get hung up on the word "deserves," I disagree with the proposition that the "law prescribes who deserves citizenship under the law."

"Deserves" is not a legal term, not a term of art, and rarely if ever cited as criteria employed in formal decision-making. It is not among the formal criteria employed in the citizenship application process.
Well, that is getting into semantics. I have heard the word "deserves" used in legal contexts and in courtrooms frequently. But if you demand the last word on this, go ahead and take it.

Legally, deserves got little or nothing to do with it.
Yes, that's kind of my point actually. "Deserves" is not supposed to have anything to do with it in the moral sense of the word. Either an applicant meets the qualifications or doesn't.

Practically, however, only fools go into the process disregarding the impact impressions can make on how things go. The mechanics and elements of this are too varied and diverse to warrant wandering there now. But in the context of this particular topic, despite the repeal of the intent to continue residing in Canada requirement, prospective applicants may want to consider the impression it makes and how that might influence the process if IRCC realizes they have left Canada to live abroad while the application is pending.
Only fools or people whose factual qualifications for citizenship are unassailable. In which case, impressions can be pretty much damned.
 

_MK_

Hero Member
Aug 20, 2014
594
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Only fools or people whose factual qualifications for citizenship are unassailable. In which case, impressions can be pretty much damned.
I tend to agree with this. If your qualifications for attaining citizenship (physical residency, tax returns, etc, etc) can be proven without doubt, it should not matter whether you are living abroad at the time of application. At the end of the day, if you have go in front of a judge, he/she is going to make a decision on whether you fulfill the criteria based on your provided evidence, not whether you "deserve" citizenship or not.