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Living abroad after application

success2016

Full Member
Jul 13, 2016
41
0
I understand I'm allowed to live abroad while my application is being processed. Is there a time limit that I am allowed to be abroad?
 

dpenabill

VIP Member
Apr 2, 2010
6,436
3,183
success2016 said:
I understand I'm allowed to live abroad while my application is being processed. Is there a time limit that I am allowed to be abroad?
Technically there is no formal time limit on how long an applicant can be abroad while the application is in process.

Those who applied after requirements changed in June 2015 are required to intend to continue to reside in Canada. Many references to this requirement overlook or omit the continue to reside aspect of the requirement. Logically a person cannot intend to continue to do something unless the person is already, presently doing that thing. Thus, technically, just residing abroad means the person cannot have an intent to continue to reside in Canada, since that person is not even residing in Canada.

But it appears IRCC, under Liberal leadership, might not be enforcing this requirement beyond it still being an affirmative declaration the applicant must make in the application itself. The proposed changes in Bill C-6, if adopted, will not only remove this requirement but will result in it being deemed there never was such a requirement.

All that said: extended absences from Canada, while the application is pending, have caused problems. There are a number of topics in this forum which discuss this in more depth. Thus, while there is no disqualification or other limitation on how much time the applicant can be abroad after applying (other than, as noted above, the requirement to remain in compliance with the PR Residency Obligation, and the "intent" issue), many of those who are abroad for an extended period of time have been subject to RQ, delays in processing, elevated scrutiny, in addition to the potential logistical problems which can arise due to short notice for scheduled appearances. See some of the other topics for more in-depth discussion of the problems some face.
 

bonaddictus

Star Member
Mar 14, 2008
179
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dpenabill said:
Technically there is no formal time limit on how long an applicant can be abroad while the application is in process.

Those who applied after requirements changed in June 2015 are required to intend to continue to reside in Canada. Many references to this requirement overlook or omit the continue to reside aspect of the requirement. Logically a person cannot intend to continue to do something unless the person is already, presently doing that thing. Thus, technically, just residing abroad means the person cannot have an intent to continue to reside in Canada, since that person is not even residing in Canada.

But it appears IRCC, under Liberal leadership, might not be enforcing this requirement beyond it still being an affirmative declaration the applicant must make in the application itself. The proposed changes in Bill C-6, if adopted, will not only remove this requirement but will result in it being deemed there never was such a requirement.

All that said: extended absences from Canada, while the application is pending, have caused problems. There are a number of topics in this forum which discuss this in more depth. Thus, while there is no disqualification or other limitation on how much time the applicant can be abroad after applying (other than, as noted above, the requirement to remain in compliance with the PR Residency Obligation, and the "intent" issue), many of those who are abroad for an extended period of time have been subject to RQ, delays in processing, elevated scrutiny, in addition to the potential logistical problems which can arise due to short notice for scheduled appearances. See some of the other topics for more in-depth discussion of the problems some face.
when we are talking about length of stay, how many months usually to be considered as a long stay out of Canada?
 

links18

Champion Member
Feb 1, 2006
2,009
129
bonaddictus said:
when we are talking about length of stay, how many months usually to be considered as a long stay out of Canada?
According to who? For the Citizenship Act's intent to reside clause, the determinative factor is not the time away from Canada per se--its your residential intentions, which is a matter of interpretation of a number of factors. Of course, spending a long time out of Canada might raise questions about your residential intentions and it is certainly something that might be considered by a trier of fact. How long is too long? Who knows--it likely depends on other factors. Are you maintaining a residence in Canada while away? Where are your immediate family members? Are you working abroad? If so, is it for a predetermined period of time or is it indefinite employment?