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- Thread starter zoya_99
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They implemented this piece in such a poor way. How would a signatory to the affirmation below defend themselves against allegations of false intent at time of application?
Intent to reside
You must declare your intent to reside during the citizenship application process.
To become a citizen, you must indicate your intention to:
live in Canada,
work outside Canada as a Crown servant, or
live abroad with certain family members who are Crown servants.
Once you become a Canadian citizen, you have the right to enter, remain in, or leave Canada, one of the basic rights of citizenship.
Intent to reside
You must declare your intent to reside during the citizenship application process.
To become a citizen, you must indicate your intention to:
live in Canada,
work outside Canada as a Crown servant, or
live abroad with certain family members who are Crown servants.
Once you become a Canadian citizen, you have the right to enter, remain in, or leave Canada, one of the basic rights of citizenship.
MUFC said:
Quote from: MUFC on June 11, 2015, 11:39:21 am
It is written pretty clear in the Law itself
(1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person's intention must be continuous from the date of his or her application until they have taken the oath of citizenship.
if I am not wrong, it is completely different in the new application form from what you said.
http://www.cic.gc.ca/english/pdf/kits/citizen/CIT0002E-2.pdf
10. INTENTION
I intend, if granted citizenship,
•
to continue to reside in Canada;
•
to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province,
otherwise than as a locally engaged person; or
•
to reside with my spouse or common-law partner, or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the
Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person
9. Police certificate(s) (as required)
For any country, other than Canada, where you were present for six (6) months or longer (cumulative) during the four (4) years immediately before the date of your application, you are required to provide a police certificate for that country.
Format: Original.
And this one is beyond me...
For any country, other than Canada, where you were present for six (6) months or longer (cumulative) during the four (4) years immediately before the date of your application, you are required to provide a police certificate for that country.
Format: Original.
And this one is beyond me...
In practice the intend to reside clause is only for the short time between the submitting of the application until the Oath.
Nobody will require anybody to intend to reside after the Oath.
The language in the application is misleading and very poorly presented.
Nobody will require anybody to intend to reside after the Oath.
The language in the application is misleading and very poorly presented.
MUFC said:
Sorry again for asking, but it is clear mentioned that (I intend, if granted citizenship,
to continue to reside in Canada) so I wonder why you think that The language in the application is misleading and very poorly presented.
It is not till you get citizenship but after you are granted it you are required to reside which is completely different ....
thanks for reply in advance..
Can any body help with this question ?
Suppose that X and Y both landed at the same day (on June 4, 2012 for example) , and they both became qualified to apply for citizenship at the same day before the new c24 rules enforced. X sent his application and was recieved at CPC Sydney before the cutoff date (June 11 2015) and Y unfortunately had his application (for some courier technical reasons) delivered to CPC after the cutoff date and will be processed under the new rules. Both applications are complete and no problems with them so after the processing and taking the test and giving the oath both became CANADIAN citizens no matter who became citizen first.
The question now is how these two citizins will be treated in accordance with the "intent to reside" statement as it appears in the new application form section 10 . And how both will be compared to a Canadian born citizen ???????????????
It is looks very disturbing.
10. INTENTION
I intend, if granted citizenship,
• to continue to reside in Canada;
• to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province,
otherwise than as a locally engaged person; or
• to reside with my spouse or common-law partner, or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the
Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
Suppose that X and Y both landed at the same day (on June 4, 2012 for example) , and they both became qualified to apply for citizenship at the same day before the new c24 rules enforced. X sent his application and was recieved at CPC Sydney before the cutoff date (June 11 2015) and Y unfortunately had his application (for some courier technical reasons) delivered to CPC after the cutoff date and will be processed under the new rules. Both applications are complete and no problems with them so after the processing and taking the test and giving the oath both became CANADIAN citizens no matter who became citizen first.
The question now is how these two citizins will be treated in accordance with the "intent to reside" statement as it appears in the new application form section 10 . And how both will be compared to a Canadian born citizen ???????????????
It is looks very disturbing.
10. INTENTION
I intend, if granted citizenship,
• to continue to reside in Canada;
• to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province,
otherwise than as a locally engaged person; or
• to reside with my spouse or common-law partner, or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the
Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
oldfriend said:
Unless Y is extremely lucky and CIC processes his application under the old rules, his application will be sent back as incomplete, because his application wasn't complete under the rules in effect at the time of receipt. He'll need to wait until he is eligible under the new rules, apply again and declare Intent to Reside. The fact that X and Y arrived on the same day is irrelevant, X and Y are the same as any two individuals where one who applied under old rules and one under the new rules.
oldfriend said:
There is no difference once they have taken the oath.
"I intend" is present tense. Not complicated.
The language in the form is verbatim from section 5(1)(c.1) in the Citizenship Act, as revised by the SCCA.
Applicant subject to current requirements (including section 5(1)(c.1), the "intent" requirement) must have this intent at the time of applying, and because applicants must remain qualified throughout the application process, must retain this intent throughout the time it takes to process the application.
Once the individual takes the oath and is formally granted citizenship, section 5(1)(c.1) no longer has any applicability.
This is not to say that an applicant can fraudulently conceal a contrary intent and leave Canada to live or work abroad after the oath with impunity.
Fraud is still fraud. Those who engage in fraud still risk going to prison and losing citizenship. This is true for both these individuals as well. If either of them conceals or otherwise fails to properly disclose information about ties abroad, the best case scenario is always looking over their shoulders, worried about someone close (who, say, for whatever reason is no longer so close) turning them in, sending CIC the evidence they concealed a job they had abroad, an interest in a business abroad they did not disclose . . . among many crumbs typically left on the trail when engaged in committing fraud. No degree in Engineering necessary to figure this out.
dpenabill said:
So, in essence an applicant who submitted their application on June 10 with the intent to leave Canada after submitting it will not be looking over their shoulder even if it was determined that they did so after becoming a citizen VS someone who submitted it on the 11th and signed that he's intending to reside but then several years later someone close submitted a claim that he actually was planning to leave and thus potentially facing that he'd get his citizenship stripped... Don't know about you, but I'm certainly visualizing some funny soap-opera like scenarios with this story.
Let's have fun with a scenario for a sec... Say we have a couple: A and B, one Canadian and one PR, and thinking about going to Europe to live there.. They absolutely should NOT exhibit any intent to do so in the new scheme of things before B becomes a Canadian citizen. What if a third person C comes in to CIC a couple years later to claim that A and B have talked about it prior to B submitting their application for citizenship? Then B would need to do what exactly to prove that they intended to reside despite C's claim? Would C pulling out an email exchange between them and B be ground for stripping B of their citizenship?
In addition to that, who will be paying for those resources analyzing if someone's intent was actually correct?
Is there a cutoff period after which CIC cannot go back after people who "intended" to leave Canada and got their citizenship claiming they did actually intend to stay? CRA can go 3 years back to reassess your taxes... How about CIC? Is that "intent" to reside a sword of Damocles hanging over people's head for their entire lifetime?
I'm sure that there are many people on this forum who talked about getting a job outside of Canada, if one of them keeps their email visible VS hiding it and they unfortunately had to wait until June 11+ to submit their application for citizenship, can I send a copy of the forum's page that shows their ID and a copy of their profile that shows their email address to CIC to PROVE they intended to leave Canada before submitting their application? How can they prove that they didn't intend to leave then?
Anyone going to check their profile and past posts now?
This whole intent to reside thing makes me a *little* uncomfortable...