Leaving Canada after applying for Citizenship

[Elana]

Hi John,
I have a similar scenario. Last year, after I applied for the citizenship I had to travel outside Canada for some time so I called cic and the lady said that as long as you 1)fulfill the required days and 2)have an address here in Canada where they can communicate with you and 3)have a valid PR meaning you have to physically be in Canada for 2 out of the last 5 years, it's ok. So, I traveled and when they asked me to come do my test, which was after 9 months, I came back. During the interview the officer didn't even ask me about the reason why I had to travel but I voluntarily told him. He was more interested in matching the dates on which I travelled before applying to the citizenship to see if I fulfilled the required dates, and that my passport was stamped after every trip. I did my test in march and now I'm still waiting I will update you when I receive anything

 

[us2yow]

so basically Elana (and all you guys above who left after applying for citizenship),

You only have a reliable address here where you receive CIC notification. Otherwise, for all means and purposes you have moved. Of course, which means you have disposed of all your possessions or moved, closed your accounts etc ?? (have you given up OHIPcard, Drivers License, closed your Bank account etc etc too??)

Your insights would be much appreciated.

So, the only EXTREMELY IMPORTANT thing to have when one leaves after applying for citizenship is a reliable friend and local address where whenever one receives important mail from CIC, they (your friends) notify you in time??

 

[Elana]

Hi John,
I did not technically entirely move cause my drivers license is still valid and I kept my bank account and I did some online banking while abroad and kept an address (my parents are still in Canada). However, during the interview the officer asked me if I was still working here I said no but looking for a job and then he asked who I rely on financially and where I live here in Canada. It is good if you keep some sort of ties here.

 

[newcomer]

Hi John,
I have a similar scenario. Last year, after I applied for the citizenship I had to travel outside Canada for some time so I called cic and the lady said that as long as you 1)fulfill the required days and 2)have an address here in Canada where they can communicate with you and 3)have a valid PR meaning you have to physically be in Canada for 2 out of the last 5 years, it's ok. So, I traveled and when they asked me to come do my test, which was after 9 months, I came back. During the interview the officer didn't even ask me about the reason why I had to travel but I voluntarily told him. He was more interested in matching the dates on which I travelled before applying to the citizenship to see if I fulfilled the required dates, and that my passport was stamped after every trip. I did my test in march and now I'm still waiting I will update you when I receive anything

Hi Elana,

Your and John s cases could be very informative for all those who want/need to leave Canada after citizenship application for longer periods of time .I know someone who might need to leave Canada on student visa for an extended period of time though he ll be having ties in Canada like you but still I would highly appreciate if you could keep us posted about how your case proceeds.

I wish you receive your oath letter very soon.BTW how long does your visa office take for sending oath letters normally after taking test.

All the best!

 

[Leon]

so basically Elana (and all you guys above who left after applying for citizenship),

You only have a reliable address here where you receive CIC notification. Otherwise, for all means and purposes you have moved. Of course, which means you have disposed of all your possessions or moved, closed your accounts etc ?? (have you given up OHIPcard, Drivers License, closed your Bank account etc etc too??)

Your insights would be much appreciated.

So, the only EXTREMELY IMPORTANT thing to have when one leaves after applying for citizenship is a reliable friend and local address where whenever one receives important mail from CIC, they (your friends) notify you in time??

I wouldn't cut all ties with Canada after leaving. It is not an issue if you pass the test but if you fail.. then you will have to have an interview with a citizenship judge to prove your merits. This could be happening 1-2 years after you had applied for citizenship. If at that point, you have cut all your ties with Canada and haven't been in Canada since applying, they will not give you citizenship.

It is better to keep your bank accounts and some free credit cards. You can keep your OHIP card too although you will lose your coverage if you are gone too long.

 

[liping]

Considering that nowadays it takes 21 months to go through the process, it might well be for some people that their PR status gets void before an oath takes place. However, I did not see any info from CIC that keeping the PR is a prerequiste to oath. Could you pls confirm Leon?

 

[Leon]

Considering that nowadays it takes 21 months to go through the process, it might well be for some people that their PR status gets void before an oath takes place. However, I did not see any info from CIC that keeping the PR is a prerequiste to oath. Could you pls confirm Leon?

Manual on citizenship, http://www.cic.gc.ca/english/resources/manuals/cp/cp05-eng.pdf - page 6:

Paragraph 5(1)(c) of the Citizenship Act stipulates that, pursuant to section 24 of the Immigration
Act, an applicant must not lose permanent resident status at any time before being granted
citizenship.

 

[EasyRider]

If at that point, you have cut all your ties with Canada and haven't been in Canada since applying, they will not give you citizenship.

Based on what, have you seen such cases?

Currently the requirements are to have 1095 days, maintain PR and have knowledge of English or French.

There's no concept of intent and how it applies to citizenship case, the only ways you can really display intent of not living in Canada are let PR expire or cancel it and additionally abandon or withdraw citizenship application.

 

[liping]

Thanks Leon.

 

[Michels]

I noticed on CIC site that they request to inform them if you're willing to go out of the country for more than 2 weeks.

 

[Halloum]

There is nothing called solid evidence for 1095 days. Is there? Absent such evidence there is always a possibility for the judge to choose to apply a qualitative test ( you cannot control whether your file will be referred to a judge/RQ becuase there is no criteria whatsoever .. In fact CIC criteria nowadays appear to be designed, at least in my humble view, to delay more the good guys vs catch the frauders).

i also agree with ajslp the Border Officer may challenge PR status if he/she is not convinced that you stayed 2 out of 5 (there could be a way for convincing him though- ask around). If you get RQ, delay could be over years (may be wost case scenarios but it could happen. In fact it hapenned to someone i know but i must say the judge did not challenge his PR status, although he could have easily).

If it was a reasonably short period of time, then may be OK but returning to home country indefinitely is something that i would not recommend. I also agree that laws/regulations can always change and put you in a corner.

 

[Michels]

This case is a clear indication that even if the 1095 days are met citizenship might not be granted if someone cuts ties

http://www.iijcan.org/en/ca/fct/doc/2012/2012fc13/2012fc13.html

MCI v Dina El koussa

 

[Halloum]

CIC call centre told me that when you leave Canada, they put the file ON HOLD. I asked if this was a new procedure, the lady said no. She is a seasoned staff. my mind is still struggling to process this piece of info. The other piece of information she mentioned is more disturbing

 

[cadvis]

CIC call centre told me that when you leave Canada, they put the file ON HOLD. I asked if this was a new procedure, the lady said no. She is a seasoned staff. my mind is still struggling to process this piece of info. The other piece of information she mentioned is more disturbing

Not sure if this is completely true. People travel everyday and there is no way they could do this. CIC is not in policing business to monitor who is going out and who is going in. But if someone is out for considerable period of time and have no ties with Canada, then they can do anything.

If you have family, home, bank account, job, a valid reason why you are traveling, proof of your stay in Canada, ..... you have nothing to worry about...

 

[Alabaman]

The citizenship process doesn't always take 1.5 years. It can take 8 months in some cases, in others 2.5 years. The average might be 1 year to 13 months maybe.

Will you have proof of your 1095 days in Canada? You should keep your boarding cards when you arrive, all boarding cards from any trips you make outside Canada during the time and preferably you should have a full time job throughout because that is really the best way to prove you were in Canada. Every time you quit a job, get a letter stating the dates you worked there full time. Also keep your pay slips if asked for further evidence. If you have your 1095 days, there is nothing they can do. If you don't have your 1095 days or they are convinced that you don't, then they might start looking at if you are living in Canada or not.

It takes about 16 months for majority of applicants. That has been my observation.