Leaving Canada after applying for citizenship. What to do with CRA, child benefit, taxes and driving licence?

[sookie85]

Thanks for the correction @Mexontario . Is the 2 and 3 years out of the 5 years time window a rolling 5 years time window?

Hi,

To maintain permanent resident status, one must have been in Canada for at least 730 days during the last five years.
Source: https://www.canada.ca/en/immigratio...-immigrants/pr-card/understand-pr-status.html

 

[limhockkiong]

Hi,

To maintain permanent resident status, one must have been in Canada for at least 730 days during the last five years.
Source: https://www.canada.ca/en/immigratio...-immigrants/pr-card/understand-pr-status.html

Thanks @sookie85 I am aware of this rule. I was asking if the last five years is a rolling last 5 years, not static last 5 years. That is to say, today, the last 5 years would mean 06 May 2021 to 06 May 2016. A year later, it would mean 06 May 2022 to 06 May 2017. And when we leave Canada after submitting an application for citizenship, we must ensure the RO is still fulfilled, i.e. we are still fulfilling the 730 days our of the last 5 years. And the last 5 years refers to a continuous ever updating and rolling 5 years time window. Is this understanding correct?

 

[sookie85]

Thanks @sookie85 I am aware of this rule. I was asking if the last five years is a rolling last 5 years, not static last 5 years. That is to say, today, the last 5 years would mean 06 May 2021 to 06 May 2016. A year later, it would mean 06 May 2022 to 06 May 2017. And when we leave Canada after submitting an application for citizenship, we must ensure the RO is still fulfilled, i.e. we are still fulfilling the 730 days our of the last 5 years. And the last 5 years refers to a continuous ever updating and rolling 5 years time window. Is this understanding correct?

I would assume it should be static as it is for citizenship, otherwise it would be impossible to calculate. However, the good thing is that you don't necessarily have to remain in Canada for continuous 730 days within a 5 year period. Those days can be 365 in the first year and another 365 in the third, fourth or fifth year.

 

[Mexontario]

Thanks for the correction @Mexontario . Is the 2 and 3 years out of the 5 years time window a rolling 5 years time window?

You need to be in Canada 2 out of the last years from the day of oath ceremony. No one is going to question that really after the interview. If the officer is not sure if you have maintained the RO requirements, he/she may issue a questionnaire to prove your PR residency obligations before a decision can be made on your citizenship application.

 

[Muskmelon]

You need to be in Canada 2 out of the last years from the day of oath ceremony. No one is going to question that really after the interview. If the officer is not sure if you have maintained the RO requirements, he/she may issue a questionnaire to prove your PR residency obligations before a decision can be made on your citizenship application.

Suppose you stayed in Canada for 3 years straight (which were also your first 3 years in Canada), then became eligible and applied for Citizenship. You will be still be in valid PR status for the next 3 years while your citizenship application is in progress. Only caveat that at the end of this 3 year period outside of Canada, you would not have any buffer and would need to spend next 2 years in Canada to be compliant with residency obligation (assuming your citizenship is still not granted after 3 years of applying).

For example, someone arrived for the first time in Canada in June 2017 and stayed till May 2020, then applied for citizenship and left Canada till June 2023. Is then back in Canada and stays till May 2025 (assuming citizenship application is still pending).

Do the dates seem right?

 

[EUK]

Suppose you stayed in Canada for 3 years straight (which were also your first 3 years in Canada), then became eligible and applied for Citizenship. You will be still be in valid PR status for the next 3 years while your citizenship application is in progress. Only caveat that at the end of this 3 year period outside of Canada, you would not have any buffer and would need to spend next 2 years in Canada to be compliant with residency obligation (assuming your citizenship is still not granted after 3 years of applying).

For example, someone arrived for the first time in Canada in June 2017 and stayed till May 2020, then applied for citizenship and left Canada till June 2023. Is then back in Canada and stays till May 2025 (assuming citizenship application is still pending).

Do the dates seem right?

Simple rule= at any date you should have minimum 730 days in your pocket.

 

[canuck78]

Thanks Sookie85

Actually the application is for my wife not me. I’m not sure if we need to notify them ? The thing is that i will stay with the kids in canada while she is doing her Master degree for the next year. I really hope they would decide to process her application with the date shown on her landing document and ignore our initial request to change the date!

The reason why we decided to do so is that i check the processing for amendment of the landing document and it is 6 months!! And after that we will have to correct the PR card and then get back to the citizenship!

Do you recommend she notify them ? I think if she do , her application will get delayed . She can definitely come back whenever needed? I hope she get to do the test atleast before next september when she leaves?

thanks and all the best to you

Yes you should be updating her application to reflect that she is not living in Canada or that could be considered misrepresentation. Would make sure you have switched CCB in your name if you are the one remaining in Canada while your spouse studies abroad. If you go abroad you will need to contact CRA Ago determine your residency and tax status.

 

[limhockkiong]

Suppose you stayed in Canada for 3 years straight (which were also your first 3 years in Canada), then became eligible and applied for Citizenship. You will be still be in valid PR status for the next 3 years while your citizenship application is in progress. Only caveat that at the end of this 3 year period outside of Canada, you would not have any buffer and would need to spend next 2 years in Canada to be compliant with residency obligation (assuming your citizenship is still not granted after 3 years of applying).

For example, someone arrived for the first time in Canada in June 2017 and stayed till May 2020, then applied for citizenship and left Canada till June 2023. Is then back in Canada and stays till May 2025 (assuming citizenship application is still pending).

Do the dates seem right?

Makes sense. Hoping others with no knowledge of the rules would re-confirm this.

 

[limhockkiong]

I would assume it should be static as it is for citizenship, otherwise it would be impossible to calculate. However, the good thing is that you don't necessarily have to remain in Canada for continuous 730 days within a 5 year period. Those days can be 365 in the first year and another 365 in the third, fourth or fifth year.

@sookie85 The posts subsequent to this in this thread seems to suggest it is not static. What do you think?

 

[sookie85]

@sookie85 The posts subsequent to this in this thread seems to suggest it is not static. What do you think?

My personal opinion is that there should be a cap/ceiling, otherwise it would not make sense, just my thought.