out of canada for a year before citizenship test
- Thread starter nymorales03
- Start date
Thanks everyone for your input, specially dpenabill very helpful...
based on all your comments I have to say I am really worried as I don´t know now if I would get it and I have to move back and make all these changes,,,but I am thinking I should give it a try one more time....and if everything turns out wrong then I would have to come back I guess...
the thing is, when I left and during my abscense I did call CIC to ask if it would be ok and they always said it was fine as long as I had met the requirements when I applied,,,so I always thought it was ok and now I am very surprised it is not, so that is a bummer as otherwise I would have done things differently...
at this point I guess there is nothing to do except try my best and hope for the best and see what comes out of it all, I have already worked so much for this and made many sacrifices so I guess we will see at this point what happens
...if anyone has suggestions on what I should say on my interview I would appreciate it a lot,,,,,,also, I understand an RQ is a lot of paperwork,,,but I guess it would be very helpful if I already take all this paperwork or as much as I can to the interview right? then maybe they won´t need to issue an RQ, just a thought...
thanks a lot, J.
based on all your comments I have to say I am really worried as I don´t know now if I would get it and I have to move back and make all these changes,,,but I am thinking I should give it a try one more time....and if everything turns out wrong then I would have to come back I guess...
the thing is, when I left and during my abscense I did call CIC to ask if it would be ok and they always said it was fine as long as I had met the requirements when I applied,,,so I always thought it was ok and now I am very surprised it is not, so that is a bummer as otherwise I would have done things differently...
at this point I guess there is nothing to do except try my best and hope for the best and see what comes out of it all, I have already worked so much for this and made many sacrifices so I guess we will see at this point what happens
...if anyone has suggestions on what I should say on my interview I would appreciate it a lot,,,,,,also, I understand an RQ is a lot of paperwork,,,but I guess it would be very helpful if I already take all this paperwork or as much as I can to the interview right? then maybe they won´t need to issue an RQ, just a thought...
thanks a lot, J.
full timeline:
applied nov. 2013
started processing feb. 2014 and send the discovery canada manual
sent letter dec. 2014 that I need to be there jan. 28 for test and interview
...I left march 1st, 2014 and will return jan. 26 for test date,,,,,any opinions??? they had told me at CIC call center it should be fine, but now i hear it isn´t,,,,what should I tell at the interview?? worst thing is I have no ties except some money in the bank but no family there, but still this is something I want I have worked so hard for it,,,,I had good jobs there,,,1.5 years and 2 years at another and have all recommednation letters and volunteered like crazy too,,,please advise, thank you, J.
applied nov. 2013
started processing feb. 2014 and send the discovery canada manual
sent letter dec. 2014 that I need to be there jan. 28 for test and interview
...I left march 1st, 2014 and will return jan. 26 for test date,,,,,any opinions??? they had told me at CIC call center it should be fine, but now i hear it isn´t,,,,what should I tell at the interview?? worst thing is I have no ties except some money in the bank but no family there, but still this is something I want I have worked so hard for it,,,,I had good jobs there,,,1.5 years and 2 years at another and have all recommednation letters and volunteered like crazy too,,,please advise, thank you, J.
J.nymorales03 said:
Its a good news that you had been employed during the qualification period, and that you can demonstrate it. After all even if you are issued with RQ you will be eventually processed and everything will pan out, provided you can demonstrate beyond reasonable doubt that you had met the physical presence requirement.
Re what to say during the interview: if I were in your shoes, I would say exactly as it was. You broke up with your partner and needed respite. They are human after all and can sympathize, especially if you come across a female officer.
It is not an article. This is one of the subjects I have followed for several years, following anecdotal reports in multiple forums (including this one), following officially published Federal Court decisions in citizenship cases, and of course doing so cognizant of the relevant statutory provisions, regulations, and various operational manuals and bulletins.bigleo2009 said:
I have actually posted quite a lot online about this subject in other forums. There is one topic in the citizenship forum at immigration.ca in particular, where I have made numerous posts directly about this topic, and without revisiting back pages of that topic (see this link, if it works), I believe that throughout that discussion I have cited and linked numerous sources of information as well as relevant Federal Court decisions.
I have not, however, posted much about this topic in the last ten months. This is largely due to the fact that, as noted above, there is no doubt about where this issue is headed in the near future given the intent-to-continue-residing-in-Canada clause which will come into force sometime this year, probably by mid-summer if not sooner (it will only affect applications made after the date it comes into force). But it is also due to the fact that there is little doubt about the risks involved. For a time many participants (in multiple forums) advanced the view that because the residency calculation must be limited to the relevant four years, absences after applying were not relevant. What I tried to illuminate above (which in many respects is merely a summary of observations I have made oft times before) is that even though it is true, that absences after applying are not directly considered in conducting the residency calculation, applicants with extended absences after applying face a significant risk of elevated scrutiny, potential RQ and skepticism, and in some cases (the Wang case linked above for example) it is clear that CIC and/or CJs may go out of their way to find cause to deny citizenship to an applicant no longer living in Canada (after all, who has heard of applicants passing the written test being retested by CJs? in the Wang case that was undoubtedly spurred by the fact she went abroad soon after applying and was continuing to live abroad).
Regarding reason to worry: living abroad after applying is not disqualifying. A qualified applicant should eventually become a citizen despite an extended period of living abroad after applying.nymorales03 said:
Continued compliance with the PR Residency Obligation is, of course, required. So an absence of such a length as to result in a breach of the PR RO, rendering the PR inadmissible, is likely to lead to removal proceedings, which will render the applicant ineligible . . . even if, for example, the Removal Order is issued the day before the oath is scheduled.
As noted above, for the applicant with extended absences after applying, the path to citizenship may be delayed, and some hurdles imposed (like RQ), but the qualified applicant who submits appropriate documentation to support his or her case should nonetheless be granted citizenship.
Note for example, in the Wang case, if she had been able to correctly answer questions about knowledge of Canada, the CJ may not have had reason to deny citizenship. I also think that if she had gone to the CJ hearing accompanied by a lawyer that might have made a difference.
Regarding what to say at the interview: rehearsing a script is unlikely to make a difference (well, except it could come across as trying to sell a story and hurt . . . not likely to help I should say). Saying anything other than what is the truth is usually a mistake. Simple, direct and honest answers are almost always the best way to approach an interview of this sort . . . and then you live with, deal with, the consequences. If you get RQ, gather the documentation and submit a good response. Again, if you are qualified, the ultimate outcome should not be in doubt.
In particular, if asked (and only if asked) about where you have been living since applying and why you have been abroad for so long, make your response as simple and direct as possible, and honest. If that answer hurts your case, live with it, since trying to wiggle around the simple truth is more likely to hurt your case even more.
Coming back to Canada to live will help the most. May be too late for that to avoid CIC having hard questions, making requests for additional information or documentation, but it is not too late for that to help overall if CIC does issue RQ.
Note, for example, again in the Wang case, you have an applicant who continued to live abroad after RQ was issued. That was, in effect, challenging CIC and the CJ to find reasons to deny the application. And they did.
dpenabill and everyone else thanks so much for the input and support this has been VERY helpful....
so I will gather all documents I can, try my best with honest answers and hope everything runs smoothly, and if not, well I guess then I will adjust,,,,I will just try the best I can so for now that means going back....wish me luck, I will keep posting updates, J.
so I will gather all documents I can, try my best with honest answers and hope everything runs smoothly, and if not, well I guess then I will adjust,,,,I will just try the best I can so for now that means going back....wish me luck, I will keep posting updates, J.
Don't worry wish you good luck for test & nice cic officer . One of my friend applied in November 2013 and went back to home country in December 2013 & came back when received letter for test in July .
I would like to explain a bit more Smileynymorales03 said:
CIC considers past 4 years from the date of signature on the application for eligibility for citizenship (1095+ days uptil 1460 days). If the person is short of 1095 days (example 2-10 days), they send a RQ and if they are not satisfied then they send it to the judge for final consideration.
In this forum or anywhere else, I have not come across a single instance where the days spent by a person in Canada after the application signature date were considered by CIC for residency requirement who were short of 1095 days.
In this forum, people have wrote their experience that when they went through test/interview, some CIC officers did not care at all about the days after the application date (I am talking about stamps in the passport after the application submission date) and some casually asked people about stamps printed on PP after application submission date and people have responded accordingly with genuine reasons got their citizenship.
I know the point of concern is when person stays outside canada for many months like 3+ months and only comes before oath could be a potential flag however, if the person has genuine reason to explain about the absence then there should be no issues but again it depends upon officer to officer and their view considering all the facts.(Strong ties to Canada etc)
Even the CIC website says that you can go anywhere outside canada after applying for citizenship:
http://www.cic.gc.ca/english/citizenship/become-after.asp
You need to notify if you are going for more than 2+ weeks so that they can put application on hold else the person can miss important mails like document requests, test invite etc.
Here are more details:
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=911&t=5
Only one point of concern is when "INTENT TO RESIDE" clause will come into effect, then you have to think twice before going outside Canada.
I hope this explanation helps everyone.