Obtaining Citizenship after temporarily moving abroad

[thedudefromthenorth]

Hello,

Is it possible to resume and obtain Canadian Citizenship if one starts the process while still in Canada?
I'm currently a permanent resident, and already applied for citizenship earlier this year. There is a possibility that I will be moving abroad for a while. Like 2 years.
I already received a notification from CIC that my paperwork was received and complete and was sent the study guide.

Thanks

 

[computergeek]

Hello,

Is it possible to resume and obtain Canadian Citizenship if one starts the process while still in Canada?
I'm currently a permanent resident, and already applied for citizenship earlier this year. There is a possibility that I will be moving abroad for a while. Like 2 years.
I already received a notification from CIC that my paperwork was received and complete and was sent the study guide.

Thanks

Yes, but realize you have to come back to take the test AND the oath; further, the CJ may question whether or not your absence is temporary so you will likely be required to prove that the absence is temporary. Don't forget that you must also maintain PR while applying, so if you aren't working for a Canadian company outside Canada you will have to complete the entire process before you fall out of compliance with the PR residency obligation.

This seems to be a scenario that CIC is questioning frequently now, so there is a real risk that your application may take a long time and possibly be rejected.

 

[Traveler74]

How can I prove that I will be moving back to Canada after 2 years? In my case I appied for citizenship, I already received my AOR and will be leaving the country to get married and will stay outside of Canada for about 2 years. After 2 years I will apply for my spouse to come back to Canada with me. The reason why I have to wait for 2 years is because I was originally sponsored by my ex-spouse to come to Canada and as per CIC I can not sponsor another person until after I have been a Permanent Resident/or canadian citizen for 5 years, so I have already completed 3 years and have 2 to go. I have an address in Canada to receive any letters from CIC in regards to my citizenship, will I still need to notify them that I will be living outside of Canada or will it just cause more issues and delay to my application?

Thank you

 

[EasyRider]

Yes, but realize you have to come back to take the test AND the oath; further, the CJ may question whether or not your absence is temporary so you will likely be required to prove that the absence is temporary. Don't forget that you must also maintain PR while applying, so if you aren't working for a Canadian company outside Canada you will have to complete the entire process before you fall out of compliance with the PR residency obligation.

This seems to be a scenario that CIC is questioning frequently now, so there is a real risk that your application may take a long time and possibly be rejected.

B.s.-- there's nothing about (temporary) absence in the Citizenship Act. You must have 1095 days and maintain PR, that's it. CJ may ask questions of course, but they must apply Act regulations while drawing judgement. It's a con game by CIC and you must stand your ground. Granting citizenship in Canada is non-discretionary. That means opinion whether you "deserve" citizenship or somebody's opinion on the nature of your absence from Canada after applying doesn't matter in this framework. CIC is trying to bully applicants asking nonsensical stuff.

 

[computergeek]

B.s.-- there's nothing about (temporary) absence in the Citizenship Act. You must have 1095 days and maintain PR, that's it. CJ may ask questions of course, but they must apply Act regulations while drawing judgement. It's a con game by CIC and you must stand your ground. Granting citizenship in Canada is non-discretionary. That means opinion whether you "deserve" citizenship or somebody's opinion on the nature of your absence from Canada after applying doesn't matter in this framework. CIC is trying to bully applicants asking nonsensical stuff.

CIC routinely bullies people without legitimate reason, which does not make it less effective. MOST people who are rejected for legally invalid grounds will just accept it and not be willing to challenge it in Court.

Look at how RQs are now working: CIC is requiring you declare same-day trips to the US, even though there is no basis in law or regulation for requesting that information. If you fail to do so properly, they could accuse you of misrepresentation, leaving you arguing that it wasn't deliberate and that it wasn't material.

According to CP-5:

The following list, while not exhaustive, includes indications that further inquiry into declared
residence may be required...

- When coming to write an exam or to have a quality assurance interview, the client's passport
shows recent entry stamp to Canada or an exit stamp from another country...

- NCB (non-computer based entry in FOSS similar to a client note in GCMS) indicates that the
applicant travels often, that Immigration has received information that the applicant does not
reside in Canada...

- The employer phone number not stated on an adult application, the area code for a person's
employment is different from their home area code, or employer cannot be contacted...

- Provincial healthcare card is expired.

(Appendix A)

We can argue that none of these things are legal requirements as all they do is trigger RQ, but that then drags out the process - and if they drag it out long enough (36 months) the OP is in breach of the PR residency obligation and thus ineligible for citizenship as a matter of law. The OP indicated an absence of two years so having returned after that point in time he'd be fine (as a matter of law) but CIC could make his life difficult.

 

[Traveler74]

How can I prove that I will be moving back to Canada after 2 years? In my case I appied for citizenship, I already received my AOR and will be leaving the country to get married and will stay outside of Canada for about 2 years. After 2 years I will apply for my spouse to come back to Canada with me. The reason why I have to wait for 2 years is because I was originally sponsored by my ex-spouse to come to Canada and as per CIC I can not sponsor another person until after I have been a Permanent Resident/or canadian citizen for 5 years, so I have already completed 3 years and have 2 to go. I have an address in Canada to receive any letters from CIC in regards to my citizenship, will I still need to notify them that I will be living outside of Canada or will it just cause more issues and delay to my application?

Thank you

Can anyone help me with my question? Thanks

 

[EasyRider]

CIC routinely bullies people without legitimate reason, which does not make it less effective. MOST people who are rejected for legally invalid grounds will just accept it and not be willing to challenge it in Court.

Look at how RQs are now working: CIC is requiring you declare same-day trips to the US, even though there is no basis in law or regulation for requesting that information. If you fail to do so properly, they could accuse you of misrepresentation, leaving you arguing that it wasn't deliberate and that it wasn't material.

The thing is they can't use whatever assumptions they have about applicant's implied intentions or place of residence after application other than a dramatic narrative, CIC will inevitably lose a case where decision will go against plain 1095 days in the relevant period assessment and they don't want to have a bad precedent. All ridiculous questions in RQ form are ghost stories from a haunted house. Those with strong residency evidence can reside abroad while case is in process and if it's not finalized in 3 years before PR loss, can return to Canada to wait for a decision and start preparing for a lawsuit against CIC.

 

[Msafiri]

AFAIK there doesn't appear to be a Federal Court case where there was conclusive proof of 1095 days of physical presence that has been denied by a CJ and that decision affirmed by the FC judge. The one case where physical presence appeared not be an issue was complicated by the applicants loosing their PR status prior to the oath. Other cases have seen the applicants caught out with either contradicting information or passive indicators of presence primarily bank statements.

My impression is that if CIC think the 1095 physical presence proof is shaky or questionable they put the applicant through an RQ process. The RQ process puts the application process outside the regular timelines and this really is the problem. A RQ situation is made worse if the applicant in then required to appear before a judge.

As it seems the political will is not there to resolve citizenship application process times then only a writ of Mandumus will resolve the RQ timeline issue. My recollection is that Mandumus timelines are around the 4/5 year delay point and only where such is not the applicants fault. If I was the CIC lawyer the first argument I'd raise at a Mandamus hearing is 'but your honour the applicant has failed to conclusively provide proof of physical presence' i.e its the applicants fault.

My 2 cents worth!!

 

[computergeek]

The thing is they can't use whatever assumptions they have about applicant's implied intentions or place of residence after application other than a dramatic narrative, CIC will inevitably lose a case where decision will go against plain 1095 days in the relevant period assessment and they don't want to have a bad precedent. All ridiculous questions in RQ form are ghost stories from a haunted house. Those with strong residency evidence can reside abroad while case is in process and if it's not finalized in 3 years before PR loss, can return to Canada to wait for a decision and start preparing for a lawsuit against CIC.

Don't get me wrong - I'm not arguing that what they are doing is legal just that they seem to take the attitude that they will do it and only clean up the mess IF you challenge them. I've been there, done that, and have the lawyer's bills and battle scars to prove it (albeit with PR, not citizenship - yet.)