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

[eileenf]

The issue to explore with a lawyer wouldn't be whether you're allowed leave Canada (you absolutely are), the issue is the proper way to do so to avoid provoking unintended future consequences for lying in official CIC communications.

This "white lie" would likely be noted at the test, when you present your passport. It could call your integrity in question when you meet with the citizenship officials and citizenship judge.

I agree that the CIC may be painting you into a corner by setting up inappropriately high consequences for a perfectly legal, normal request (by seemingly threatening to suspend the processing of your application when you are outside of the country). Deciding on the best course of action by balancing these consequences with the risks of having a small deceit uncovered as you stand in front of a citizenship judge, is what a good lawyer can help you with.

Thanks for passing along the info from the immigration consultant, mac101. If you do speak to a lawyer or your MP, please let us know what you find out from them too.

Good luck.

 

[links18]

There is no legal requirement, none whatsoever, to physically be in Canada while your citizenship application is being processed. If you have met the requirements to become a citizen, you have met the requirements. If CIC wants you to stay in Canada while your application is processed, they should petition parliament to change the law.

However, as others have noted, citizenship processing times are so long right now that if you leave Canada after applying, you might effectively lose your PR status before your application makes it to the final stages. Moreover, CIC has the power to actually make this happen, but giving you an RQ, which prolongs the process greatly--almost certainly pushing you past the cut off time to still be a PR. Of course, there is absolutely no published criteria regarding what exactly triggers an RQ, so CIC (or whatever officer you meet at the time of your test) can do whatever the hell they want to whomever they want.

Nobody should feel guilty about leaving Canada after filing a citizenship application. You completed the requirements under the law to become a citizen. You shouldn't be expected to have to work at Tim Hortons while CIC takes years to process your application, if you have better opportunities elsewhere. However, reality is another situation today and CIC is creatively finding ways--whether by design or simple bureaucratic inefficiency--of making de facto new law.

I wouldn't expect it to change anytime soon.

 

[Later]

The website Settlement.org is a CIC sponsored site. When addressing this issue, the Moderator -- after conferring with several CIC representatives -- provides the following reason for the CIC's requirement that you must keep them informed if you intend to leave the country for more than two weeks in a row:
"this measure is to avoid CIC sending you test or oath dates during the time that you are away."
http://www.settlement.org/discuss/topic.asp?TOPIC_ID=21003

If, as the CIC representatives claim, the primary reason for the CIC wanting to know your business is to keep you updated with regards to test and oath dates, then using your friend's address shouldn't be a big deal. You've done the responsible thing and made sure there is someone in place to keep you informed of any developments.

Except we know that that is not the primary reason (so much for your concerns about honesty). You are being asked to volunteer information that will then be used against you. Why on earth would you co-operate with people who are using unofficial policies to try to harm you? Just keep your head down, keep a low profile, and don't volunteer information that may be unfairly used against you. So long as you operate within the boundaries of official law and regulation, they cannot withhold your citizenship from you forever. (Although you may need the firepower of a lawyer to represent you in any dealings with them so as to ensure that you are treated fairly.)

[[ Can you imagine them trying to convince a high court judge that you should be denied citizenship because you used the address of your friend:

Judge: Did he satisfy the 1,095 requirement?
CIC lawyer: Yes. With several hundred days to spare.
Judge: Has he maintained his PR status?
CIC lawyer: Yes. He is compliant with all of his PR requirements.
Judge: I fail to see why this person should be denied citizenship.
CIC lawyer: Well, your Honor. He used the address of a friend to forward his mail. I mean, like, seriously?! He expects to become a citizen after pulling shady stunts like that!!
Judge: I'm sorry, what regulation was breached...?
CIC lawyer: Nope, no regulation. There's this notice, though, that we put up on our website....
]]

 

[CanuckForEver]

Judge: Did he satisfy the 1,095 requirement?
CIC lawyer: Yes. With several hundred days to spare.
Judge: Has he maintained his PR status?
CIC lawyer: Yes. He is compliant with all of his PR requirements.
Judge: I fail to see why this person should be denied citizenship.
CIC lawyer: Well, your Honor. He used the address of a friend to forward his mail. I mean, like, seriously?! He expects to become a citizen after pulling stunts like that!!
]]

I wish the citizenship judge as far as you described above. But playing the devils advocate, what in case the judge asked you:
Why are you working abroad and are not maintaining residence in Canada? I will have to take this behaviour of yours as your intention in not making Canada your primary country of residence. You know there's something called citizenship for convenience?
I'd like to see how forum members tackle this confrontation, any ideas? we need to realize that judge do has a point, right?

 

[Later]

I wish the citizenship judge as far as you described above. But playing the devils advocate, what in case the judge asked you:
Why are you working abroad and are not maintaining residence in Canada? I will have to take this behaviour of yours as your intention in not making Canada your primary country of residence. You know there's something called citizenship for convenience?
I'd like to see how forum members tackle this confrontation, any ideas? we need to realize that judge do has a point, right?

That is why I mentioned that, so long as you are operating within the confines of the law and regulations, you will be fine. That means that you really should have a life in Canada, and are making sure to keep your PR status alive.

It's a mobile world nowadays; people travel and conduct business all over. The CIC is suspending applications of people who are away for more than 2 months. That is a mis-use of information, and is likely not legal. These "extra-judicial" policies would not bear up in a court of law. But why expend time and energy going up against Goliath?

Again, make sure that you always obey immigration law! It is only in instances where you are clearly within your legal rights, but CIC policy is passively aggressively punishing you for exercising your legal rights, that you should not provide them with the means to harm you.

 

[toto999]

Hi all,

i just wanted to share with you what happened with me. i have got the letter to do the test 3 days before the test, the website was not updated. thanks God i was in Country so i can attend the test. if i am out i will not be able to do so.

during the test they told us that any one fail in the test OR didn't attend the test for un-emergency reason, they should meet the judge to do a verbal test.

so please all think twice before leaving the country while your application in process. it is really ganna take you years and years to finalize this issue.

 

[us2yow]

Thats crazy....how did they expect someone to study in 3 days!

 

[toto999]

i didn't expect that , actually its my mistake i should study ahead of time once i received the booklet. but thanks god i passed the test but i didn't sleep at all for these 3 days. it was really tough.