Even those who are planning to live here until the rest of their days, have to be very scared because one day they will dare to cross the border which automatically will ring the bell in the CIC and the bell in Harper's Office. Right?rayman_m said:
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The ambiguity about the "intend to reside" clause will be cleared only when we see it actively implemented by the government. My belief is that it will be used to target those who leave Canada after being granted citizenship on the basis that they "lied" in the application about their intention to reside, but this is just my speculation.
Anyway, my advice to applicants is to refrain from making any arrangements to leave Canada while their application is still in process (e.g., apply for jobs abroad, travel unnecessarily to home country) and, instead, try to accumulate evidence indicating their genuine intent to stay (e.g., actively look for job, buy a property, open a RRSP/RESP, make big plans in Canada, not sure what else). This way, even if they have to stay abroad for some time after getting the citizenship for whatever reason, they have something to support their claim that they, in fact, had the intention to stay in Canada when they applied.
My 2 cents.
Anyway, my advice to applicants is to refrain from making any arrangements to leave Canada while their application is still in process (e.g., apply for jobs abroad, travel unnecessarily to home country) and, instead, try to accumulate evidence indicating their genuine intent to stay (e.g., actively look for job, buy a property, open a RRSP/RESP, make big plans in Canada, not sure what else). This way, even if they have to stay abroad for some time after getting the citizenship for whatever reason, they have something to support their claim that they, in fact, had the intention to stay in Canada when they applied.
My 2 cents.
Raman, this has been prone to debate left and right. Some people have made very valid argumentation that it will not apply beyond citizenship and I would tend to agree with asaif: Let's see in practice how it will be implemented although we may not be able to "see" anything before a year or even two years.
MUFC, if you don't mind please leave the sarcasm out of it. Some people are very concerned and the purpose of this forum is to analyze, debate and especially help our peers.
MUFC, if you don't mind please leave the sarcasm out of it. Some people are very concerned and the purpose of this forum is to analyze, debate and especially help our peers.
In both cases the people don't reside in Canada when they are already citizens, so that means that the Minister can automatically revoke their citizenship.rayman_m said:
Why these people don't want to spend their vacation in Canada ?
The answer is:
Because they want to reside abroad and therefore they deliberately have chosen destination for their vacation abroad. The Minister will be very angry when he find out.
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Britain for one.h3a3j6 said:
http://www.legislation.gov.uk/ukpga/1981/61
British Nationality Act 1981
6 Acquisition by naturalisation.
(1)If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
(2)If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, or is the civil partner of a British citizen the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
18 Acquisition by naturalisation.
(1)If, on an application for naturalisation as a British overseas territories citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
(2)If, on an application for naturalisation as a British overseas territories citizen made by a person of full age and capacity who on the date of the application is married to such a citizen, or is the civil partner of such a citizen the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
(3)Every application under this section shall specify the British overseas territory which is to be treated as the relevant territory for the purposes of that application; and, in relation to any such application, references in Schedule 1 to the relevant territory shall be construed accordingly.
SCHEDULE 1
REQUIREMENTS FOR NATURALISATION
C82Sch. 1 modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11
Naturalisation as a British citizen under section 6(1)
1(1)Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it—
(a)the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and
(b)that he is of good character; and
(c)that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and
(ca)that he has sufficient knowledge about life in the United Kingdom; and
(d)that either—
(i)his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or
(ii)he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty's government therein is a member, or service in the employment of a company or association established in the United Kingdom.
(2)The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a)that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
(b)that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
(c)that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
(d)that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.
(3)The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government of the United Kingdom.
Apparently New Zealand as well.paw339 said:
That's 2 other countries besides Canada.
The U.S. not only requires (in effect) such intent, it has and enforces an intent requirement in maintaining PR (Green Card) status.
Canada can deny the citizenship application of any applicant for whom the evidence shows the lack of intent to continue to reside in Canada. In contrast, the U.S. can not only deny citizenship, it can and will revoke Green Card status for those who do not have the requisite intent to maintain residency in the U.S.
Canada can deny the citizenship application of any applicant for whom the evidence shows the lack of intent to continue to reside in Canada. In contrast, the U.S. can not only deny citizenship, it can and will revoke Green Card status for those who do not have the requisite intent to maintain residency in the U.S.
I can confirm that.dpenabill said:
When I was still a PR in US every time when I came back in US with absence more then 3 months I was questioned many times why I was absent from US for so long.
In comparison I have never been asked anything like this from the Canadians. NEVER.