leaving Canada while application is in process..............proper things to do

[mac101]

Hi All,

I know its many people have asked time and time again if leaving Canada would affect their citizenship application and the general answer is that it shouldn't affect the application.

Since I'm in that boat right now I figured I need do it as proper as I could.

My plan was to login to my application and change the home address to the address I will be moving to (a US address where I just got a job) and the mailing address to the address of a friend of mine.

However, I called CIC to ask if there is anything else I need to do. The guy on the other end just got me confused. He said I have to inform them if I am leaving Canada for more that 2 months and they will determine whether or not to process my application now or wait until I return. He said he will email me information. When he did, it seems that information is to be used if I did NOT want CIC to process my application considering the first line of the email read "you can notify us of your period of unavailability in order for the local Citizenship and Canada (CIC) office not to schedule you during this timeframe"


With that said here was the exact email:

"Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:



Unavailability



You can notify us of your period of unavailability in order for the local Citizenship and Canada (CIC) office not to schedule you during this timeframe. If your period of unavailability will be:



less than two (2) months and this is the first time you are informing us of a period of unavailability, then you can advise us with the dates you will be unavailable so that a note can be entered in your file.



· two (2) months or more or you have previously notified us of any period of unavailability, then you will need to advise the CIC office processing your file. The mailing address and/or fax number for your CIC office appears on the letter you received.



You must send a letter indicating:



o your complete name and date of birth;

o address in Canada before departure;

o address abroad;

o name and phone number of a contact person in Canada;

o the unavailability period(s);

o availability if client returns to Canada for a short stay during the unavailability period;

o the reason(s) for the unavailability period(s);

o supporting document(s) regarding the situation, if applicable.



The responsible office will communicate with you if they require more information or when an appointment becomes available."

Sorry for the long email but this email he sent me does not sound right. It sounds like it will lead them to stop processing my application.

I am just wondering what it is I need to do to not violate any rules of any kind. I'm still thinking I should just login and change my home address to the US address and mailing address to my friend's address and leave it at that.

Any advice would be appreciated!

Thanks in advance!

 

[chandu007]

Since you will be leaving for more than 2 months, I would suggest you to consult a lawyer or get advise from senior members of the forum.

 

[kenyadian]

I'd like to know this information as well! ;D

 

[Later]

I know its many people have asked time and time again if leaving Canada would affect their citizenship application and the general answer is that it shouldn't affect the application...

Sorry for the long email but this email he sent me does not sound right. It sounds like it will lead them to stop processing my application.

Theoretically, it should not affect your application; after all, you have already fulfilled all of the application criteria. The reality, though, is that it does affect your application. The CIC does not want people living and working abroad while applying for Canadian citizenship (so as to obtain permanent access to Canada's magic passport, sweet sweet free healthcare, and free education for your rugrats). If you insist on leaving to go to greener pastures elsewhere, they will likely frustrate your citizenship application until you either (i) return to Canada, or (ii) give up and go away. How?

Well, as you can see, they will not process your application any further until they hear that you are back and living in Canada. During the time that you are "unavailable", you may fall out of status with regards to your PR. In which case you cannot qualify for citizenship, and your file will be closed.

You may now think that the best solution for you is to use the Canadian address of one of your friends. Unfortunately, since you have already contacted the CIC to let them know that you will be moving down to the U.S., the CIC has made a note of it in your file. This increases the likelihood that they will send you an RQ. The RQ will take a long time to process. They know with 100% certainty that you are abroad, which means it is likely that you "don't intend to make Canada your home", and so they will examine your RQ responses carefully. You might even be lined up to see a citizenship judge, just to be on the safe side. If any address misrepresentations are noted on it, your application for citizenship will be rejected. If, during this period of examination and confirmation, you do not maintain the minimum 2-year residency, your PR status will lapse. In which case, you cannot qualify for citizenship, and your file will be closed.

Either way, your RQ will likely take a long time to be finalized. Long queues, staffing issues, what not. Your PR card will probably expire during that time, which means you will need to apply for a PR card renewal. When you do so, the CIC agent will see the GCMS notes in your file regarding your move down to the U.S., and they will likely issue you an RQ for your PR card renewal. They will examine your responses carefully. Any misrepresentations in a PR application will result in the cancellation of PR status. In which case, you will be "persona non grata" in Canada, and your file will be closed.

(PS: All of the above are just my opinion. CIC may, or may not, act as described.)

 

[CanuckForEver]

Hi All,

However, I called CIC to ask if there is anything else I need to do. The guy on the other end just got me confused. He said I have to inform them if I am leaving Canada for more that 2 months and they will determine whether or not to process my application now or wait until I return. He said he will email me information. When he did, it seems that information is to be used if I did NOT want CIC to process my application considering the first line of the email read "you can notify us of your period of unavailability in order for the local Citizenship and Canada (CIC) office not to schedule you during this timeframe"

Why would you want to let CIC know your file details when you're asking a question that might adversely affect you application. As the poster above me has stated, more often than not things happen just like how he stated.

 

[mac101]

Why would you want to let CIC know your file details when you're asking a question that might adversely affect you application. As the poster above me has stated, more often than not things happen just like how he stated.

Thanks for the post everyone.

Right now my application has my current (Canada) address as my home address and has a friend's address inside Canada as my mailing address.

In a couple of days I will be moving to a US address. I did not want to leave my Canada address on the application as my home address because I don't want to appear as lying or presenting false or misleading information especially if they see they figure out I am coming from the US from my exam. So logically I figured the right thing to do would be to change my home address to the US address. I've heard of many people submit their application and leave the country, what exactly do they do when it comes to address on the application. Mailing address = friend inside Canada address. What about home address? Is it best to leave it as is or put your actual address? Then comes this call centre agent who tells me I have to report it to CIC but the email he sends me basically says you "can" report that you'll be outside Canada for more than 2 months so that we do "NOT" schedule your appointment, so this does not make any sense, however, as stated above, I do not want them to think I was deceiving them in any way.

In all cases, I have a 3 year contract after which I will most likely be coming back to Canada. May be even before that if I get a job here.

 

[edmonton2011]

The current government is trying to make the processing as long as possible for people who are living abroad. Even if you qualify, your case can still take several years to process. If you consider Canada your home, than you have to make sure you will maintain you PR status, otherwise you will loose your right of citizenship and PR status.
It is very likely (if not 100% sure) that you will receive an RQ when CIC starts to process your file. They can probably also put your file on hold until you return to Canada. At this point the only thing you can do is to be honest and return to Canada before you loose your PR status. Be prepared for a loooooong ride!

 

[Later]

Right now my application has my current (Canada) address as my home address and has a friend's address inside Canada as my mailing address.

FYI: Theoretically, the CIC should send mail to your mailing address. But, as you are finding out, reality is oftentimes different.

What often happens instead is that the CIC will send less important mail (like the citizenship test brochure) to the mailing address, but they will send important mail (like the RQ or test invitation) to the home address. I don't know why the CIC sends important mail to the home address even if they have a different mailing address on file. They probably reason that, if you were honest in disclosing to them where you live, you will get the mail. And if you weren't honest with them, well then... they'll stick it to you good.

They probably send the initial, relatively unimportant mail, to the mailing address so that you think everything is working according to your plan, and so you then let your guard down. At any rate, if you don't respond to your RQ (because there was no-one at your stated home address to forward it to you), your application is considered abandoned, and your file will be closed.

So plan accordingly with regards to the home address which you provide to the CIC.

 

[EasyRider]

My plan was to login to my application and change the home address to the address I will be moving to (a US address where I just got a job) and the mailing address to the address of a friend of mine.

Mind that you can't change address to one out of Canada online and, more importantly, there were enough reports that CIC sent important communication (RQ/test/oath letters) to home address despite having a different mailing address on file. RQ is not registered in ecas, so you'll be risking losing this mail and not knowing about it. You don't need paper test and oath letters to attend these events though.

For example:

http://www.canadavisa.com/canada-immigration-discussion-board/points-to-remember-when-applying-for-citizenship-t156299.0.html;msg2437347#msg2437347

However, I called CIC to ask if there is anything else I need to do. The guy on the other end just got me confused. He said I have to inform them if I am leaving Canada for more that 2 months and they will determine whether or not to process my application now or wait until I return. He said he will email me information.

There were talks about a policy to suspend processing of applications with foreign home address (address can be updated to out of country through a call centre), but from what I saw it's impossible to say whether it was implemented and now in power or not and how exactly it works. Apparently it was a new thing last year.

 

[Suin]

How can they know if someone has left Canada for a few months? It takes them longer than a year to process the applications.

 

[EasyRider]

How can they know if someone has left Canada for a few months? It takes them longer than a year to process the applications.

Checking passport stamps and questions on interview-- "did you travel?", "where do you work?", "where do you live?" Some questions may prompt further detailing, especially if new information is different from the latest data in application. If you've traveled-- then when, where and for how long, if you moved, then why and when, etc. In the end you may receive RQ where you'll have to reaffirm your statements which officer has been taking notes of with documentary evidence.

Some people voluntarily update their home address to a foreign one through a call centre.

 

[mac101]

Hi All,

I talked to an immigration consultant this morning and he told me to put my Friend's address as both my home and mailing address.

Having said that just a point for anyone who finds themselves in a similar situation. I am going to the US on a J-1 visiting scholar visa which is valid for 3 years. It is not a long term work visa or immigration visa so I cannot really say that my home address is in the US since it is a temporary position.

I hope this helps anyone who may need it.

Cheers!

mac101

 

[eileenf]

I talked to an immigration consultant this morning and he told me to put my Friend's address as both my home and mailing address.

You can contact your local MPs office. The MP's staff may be able to advise you. You are their constituent and they have a responsibility to advocate for you. You are allowed to leave Canada for work after submitting a cit application, as long as you continue to meet your PR residency conditions.

But lying, even a relatively innocent lie, can put your application at risk. Please consider contacting a lawyer about this matter. Immigration consultants don't always know the legal ramifications of their advice.

Good luck.

 

[Later]

I did not want to leave my Canada address on the application as my home address because I don't want to appear as lying or presenting false or misleading information....

.. this does not make any sense, however, as stated above, I do not want them to think I was deceiving them in any way.

I would agree with you IF the CIC's position was supported by explicit immigration policy. If they said: "In order to become a citizen, you need to reside in Canada for 7 years," then those are the rules that we signed up for, and we should honor them and abide by them.

At this time, however, you have already met all of the stated requirements to be a citizen. These passive aggressive "extra" requirements that the CIC has adopted are not explicit immigration policy. While it is understandable why they would want to do so, such unofficial restrictions are not justified. Their policies cause alot of pain to innocent immigrants because there are jobs that PRs cannot qualify for when pitted against citizens. You likely planned this 3-year trip to improve your overall career. It is hard enough establishing and building a new life as an immigrant without the government further crippling your prospects. Almost 9 years of your working life (for those who have RQs) will be spent as a second-rate citizen while paying full taxes, all as a result of some bizarre witch hunt.

You have been persuaded that the CIC is right to limit your movement, as well as your job prospects, for those 9 years or so. That is not the case. It is none of their business where you go after you have met the 1,095 day criteria, just so long as you maintain the 2 year PR residency while you wait. Their position that they will suspend processing of your application if you are away for more than 2 months is "illegal".

These policies were pushed by individuals with political goals of their own in mind. Fortunately for them, applicants are politically powerless to protest this. Instead, like compliant sheep (in a general fashion, no insult intended), we worry about not reporting our whereabouts to the warden for those 9 or so years.

 

[us2yow]

From a common sense and legal perspective one would think:

There's no way in good conscience they can EVER prevent you from leaving after applying (especially given how bad things are in both the local Canadian and world economy or even if things were great like in the economy of the 90s and early 2000s)....

thats like taking away someone's basic human rights - which Canada has been known to be a big champion of ! ? .....

AND.......Where are the jobs here?.........Even local Canadians born and bred here find it tough (though not as much as immigrants).are being laid off in the public sector becoz of govmt cuts...in all of this and when there is a family to support....how in good conscience and faith could anyone ask an immigrant not to go earn a living wherever there is a window of opportunity (especially when they HAVE respected the required rules and applied before then being driven to desperation to seek out options).

Thats like saying..never mind if your kids starve, or that you dont have money to pay the rent, do anything to not leave and stay here ? JUST DOES NOT GEL and could create colossal embarassment for years to come if they ever instituted such requirements. Then factor in potential regime changes (HOPEFULLY) in 2015.... despite everything...I think we will see light at the end of the tunnel.... ;D ;D ;D