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Leaving Canada while waiting for Canadian citizenship

canadian.forever

Full Member
Mar 29, 2019
30
17
TLDR: wife moves to the US while waiting for Canadian citizenship, any consequences for the CAN citizenship process?

---

Hello People,

I'm Canadian, I've recently moved to the US on a work visa. My CAN PR wife will be joining me soon on a dependent visa (she cannot work in the US).

I'm planning to file a non-residency in Canada to avoid paying high taxes/taxes in both countries when I become a US resident in 183 days.

My wife has applied for CAN citizenship half a year ago, and we are not sure what the consequences are for the CAN citizenship process if she:
  • moves to the US with me
  • becomes a resident of the US in 183 days
  • loses her Canadian residency address and other ties
  • filing non-resident status in Canada, same as me (does she need to do it at all? can I do it without her doing it too?)

Question: Can it potentially affect her CAN citizenship application? She hasn't traveled much during the last 5 years.

I've researched a lot and cannot find a clear answer... Any help, including info on where to look for such help, would be appreciated.
We are noobs in all these legal things, unfortunately.

Thank you many times.
 

bellaluna

VIP Member
May 23, 2014
7,405
1,781
TLDR: wife moves to the US while waiting for Canadian citizenship, any consequences for the CAN citizenship process?

---

Hello People,

I'm Canadian, I've recently moved to the US on a work visa. My CAN PR wife will be joining me soon on a dependent visa (she cannot work in the US).

I'm planning to file a non-residency in Canada to avoid paying high taxes/taxes in both countries when I become a US resident in 183 days.

My wife has applied for CAN citizenship half a year ago, and we are not sure what the consequences are for the CAN citizenship process if she:
  • moves to the US with me
  • becomes a resident of the US in 183 days
  • loses her Canadian residency address and other ties
  • filing non-resident status in Canada, same as me (does she need to do it at all? can I do it without her doing it too?)

Question: Can it potentially affect her CAN citizenship application? She hasn't traveled much during the last 5 years.

I've researched a lot and cannot find a clear answer... Any help, including info on where to look for such help, would be appreciated.
We are noobs in all these legal things, unfortunately.

Thank you many times.
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html
Leaving Canada after you submit your application

You can leave Canada after we receive your application as long as you:

  • keep your permanent resident (PR) status
  • can receive any letter mail, parcels and emails we send you after you submit your application
  • can reply to our letters and emails within the specified time, usually within 30 days
  • are available in person in Canada to attend your citizenship test (if you’re between 18 and 54 years of age), interview, and ceremony
Let us know if you plan to leave Canada for more than two weeks in a row.
 
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canadian.forever

Full Member
Mar 29, 2019
30
17
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html
Leaving Canada after you submit your application

You can leave Canada after we receive your application as long as you:

  • keep your permanent resident (PR) status
  • can receive any letter mail, parcels and emails we send you after you submit your application
  • can reply to our letters and emails within the specified time, usually within 30 days
  • are available in person in Canada to attend your citizenship test (if you’re between 18 and 54 years of age), interview, and ceremony
Let us know if you plan to leave Canada for more than two weeks in a row.
Thank you for your reply.

As far as I understand, the following describes how to remain in the PR status:
- 'To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years.'

So, technically, she can leave BUT maintain an address (e.g. parent's place) for mail purposes only.
I'm not sure if Ontario's residence (that she'll lose in 7 months) has anything to do with the PR status.
Same for the US residence - as I understand, becoming a US resident in 183 days doesn't affect her PR status in Canada based on the 730 days rule I've posted above.

Please correct me if I'm wrong, these are the nuances that confuse me the most.
Thank you.
 

bellaluna

VIP Member
May 23, 2014
7,405
1,781
Thank you for your reply.

As far as I understand, the following describes how to remain in the PR status:
- 'To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years.'

So, technically, she can leave BUT maintain an address (e.g. parent's place) for mail purposes only.
That pretty much sums it up.

I'm not sure if Ontario's residence (that she'll lose in 7 months) has anything to do with the PR status.

Same for the US residence - as I understand, becoming a US resident in 183 days doesn't affect her PR status in Canada based on the 730 days rule I've posted above.
These have nothing to do with PR status or her citizenship application.

Keeping PR status until the oath is essentially it (in the last 5 years counting from the present date), there have been a few cases here where citizenship was denied because they stayed out of Canada for 4 years after submitting the citizenship application; that's pretty obviously out of the permanent residency obligation.
 
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