Leaving Canada after applying for Citizenship

[nknvtr]

Hi,

I became Canadian Citizen recently (few months ago) but my wife is still not eligible to apply for the citizenship yet. She will be eligible to in February 2013. My 2 years old son was born in Canada. I am exploring other career opportunities in the US. Is there any problem in her citizenship application process if she applies in February 2013 and leave the country to accompany me. I am aware that she would have to come back for citizenship test in person. Does anyone have similar experience? Please share your thoughts.

Thanks.

 

[Leon]

There are other threads on this issue as well if you look. There are actually no rules against leaving after having applied. However, it may increase her risk of getting an RQ (residency questionnaire) if they know that she moved. She needs to be flexible to go to Canada on short notice when she gets the call to appear for her test / oath.

Living with a Canadian spouse outside Canada will however count towards her residency requirements for PR so you do not have to worry about her losing it.

 

[rajmalhotra7]

Living with a Canadian spouse outside Canada will however count towards her residency requirements for PR so you do not have to worry about her losing it.

Leon - I think living with Canadian spouse is counted towards residency requirement, only if Canadian Spouse is working abroad for federal/provincial govt. or military or Canadian spouse is employed by a canadian company and sent abroad to work. Please correct me if I am wrong.

 

[ajslp]

Leon - I think living with Canadian spouse is counted towards residency requirement, only if Canadian Spouse is working abroad for federal/provincial govt. or military or Canadian spouse is employed by a canadian company and sent abroad to work. Please correct me if I am wrong.

Leon is correct in saying "residency requirement for PR" while accompanying a Canadian spouse. rajmalhotra7 might be confusing with the residency requirement for citizenship.

 

[Leon]

Leon - I think living with Canadian spouse is counted towards residency requirement, only if Canadian Spouse is working abroad for federal/provincial govt. or military or Canadian spouse is employed by a canadian company and sent abroad to work. Please correct me if I am wrong.

You are mixing up a couple of rules here.

Residency obligations to keep your PR status:

730 days in Canada in the first 5 years as a PR and after that always 730 days in Canada in the past 5 years.

Time outside Canada can be counted towards the residency obligation if you are:

a) accompanying your Canadian citizen spouse,

b) a minor child accompanying a Canadian citizen parent,

c) a PR who has been transferred by his Canadian employer to a full time position outside Canada,

d) accompanying your PR spouse who falls under c)

e) a minor child accompanying a PR parent who falls under c)

In this case, the PR status of the wife will be protected as long as she is living with her Canadian citizen husband, regardless of what happens with her citizenship application or how long it takes.


On the other hand, residency requirements to be able to apply for citizenship:

You must have 1095 days in Canada as a PR in the past 4 years before applying.

Time in Canada before gaining PR may be counted at the rate of 1/2 day for each day stayed before PR, still only within the past 4 year period.

Time outside Canada can only be counted if accompanying a Canadian citizen spouse who is Canadian military or is working abroad for the federal or a provincial govt.

 

[rajmalhotra7]

You are mixing up a couple of rules here.

Residency obligations to keep your PR status:

730 days in Canada in the first 5 years as a PR and after that always 730 days in Canada in the past 5 years.

Time outside Canada can be counted towards the residency obligation if you are:

a) accompanying your Canadian citizen spouse,

b) a minor child accompanying a Canadian citizen parent,

c) a PR who has been transferred by his Canadian employer to a full time position outside Canada,

d) accompanying your PR spouse who falls under c)

e) a minor child accompanying a PR parent who falls under c)

In this case, the PR status of the wife will be protected as long as she is living with her Canadian citizen husband, regardless of what happens with her citizenship application or how long it takes.


On the other hand, residency requirements to be able to apply for citizenship:

You must have 1095 days in Canada as a PR in the past 4 years before applying.

Time in Canada before gaining PR may be counted at the rate of 1/2 day for each day stayed before PR, still only within the past 4 year period.

Time outside Canada can only be counted if accompanying a Canadian citizen spouse who is Canadian military or is working abroad for the federal or a provincial govt.

Thanks Leon.

It means if you are a Canadian citizen and your spouse is Permanent Resident. Your spouse applies for citizenship after having accumulated 1095 days in last 4 years. Then you both leave Canada and live together abroad and you are NOT working for a Canadian company abroad. Still your spouse can get Canadian citizenship, even if it'd take 4 or may be 5 years (worst case scenario) for the citizenship application to process. Because your spouse while living abroad is living with you and is maintaining Permanent Residency status of Canada.

 

[nknvtr]

Thanks Leon and others for your valuable comments.

We don't mind if her Citizenship application gets delayed. Our only concern is about maintaining PR status. Glad to know that she will not have any issues in maintaining the PR as long as she leaves with the Canadian husband.