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Out of country travel while citizenship application in process

nubee

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Apr 30, 2015
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Thanks everyone, especially Joshemir, thecoolguysam, depenabill and on-hold.

Your inputs are very valuable. I have to agree that this is a complex issue and most people have different experiences. However, it appears that out of country travel with a reasonable purpose and length of time does not create new challenges in the process. But again, this might also vary.

Inputs from all of you and a recent experience from joshemir has given me tons of confidence to go ahead and plan my wedding dates. :) Mostly I'll try to keep travel under 6-7 weeks.

Joshemir, you did inform CIC...right? At the last minute thou.

thanks everyone....cheers,
 

Joshemir

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Jun 23, 2015
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nubee said:
Thanks everyone, especially Joshemir, thecoolguysam, depenabill and on-hold.

Your inputs are very valuable. I have to agree that this is a complex issue and most people have different experiences. However, it appears that out of country travel with a reasonable purpose and length of time does not create new challenges in the process. But again, this might also vary.

Inputs from all of you and a recent experience from joshemir has given me tons of confidence to go ahead and plan my wedding dates. :) Mostly I'll try to keep travel under 6-7 weeks.

Joshemir, you did inform CIC...right? At the last minute thou.

thanks everyone....cheers,
Nope. I didn't mention anything about it. I guess it's because they just take into consideration the 4 years prior to the DATE OF APPLICATION. As long as you're in Canada when they ask you to write the exam, you need not to worry about it. Good luck.
 

MUFC

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Jul 14, 2014
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nubee said:
Thanks everyone, especially Joshemir, thecoolguysam, depenabill and on-hold.

Your inputs are very valuable. I have to agree that this is a complex issue and most people have different experiences. However, it appears that out of country travel with a reasonable purpose and length of time does not create new challenges in the process. But again, this might also vary.

Inputs from all of you and a recent experience from joshemir has given me tons of confidence to go ahead and plan my wedding dates. :) Mostly I'll try to keep travel under 6-7 weeks.

Joshemir, you did inform CIC...right? At the last minute thou.

thanks everyone....cheers,
I don't think that you will have any problems when you come back for the test and the interview .
 

dpenabill

VIP Member
Apr 2, 2010
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I concur with the observations that there is minimal risk of problems due to the planned excursion, so long as mail is collected by a trusted person during the absence and, accordingly, responded to as needed.

But it is important to point out that the following post is blatantly untrue and misleading.

MUFC said:
There have never been direct evidences that traveling for long time during the pending of the application will create any problems.

This is a blatantly untrue statement. Which is all too typical of the source.

It was, after all, a Federal Court justice who used the phrase applicant-applying-on-the-way-to-the-airport, in an officially published decision, to describe a case in which CIC targeted the applicant and challenged the applicant's credibility, largely because the applicant had been residing outside Canada while the application was pending.

Before OB 407 (April 2012), that is before CIC made its screening criteria secret (CIC calls it confidential), one of the specific risk indicators listed as a reason-to-question-residency was the presence of a passport stamp indicating the applicant had been abroad and returned just in time to attend the test. This was formal CIC policy from 2005 until last year (when the Operational Manual for Citizenship Processing regarding Residence (CP - 5) was replaced by the Program Delivery Instructions, which given CIC's policy of keeping its screening criteria confidential do not disclose what CIC examines or considers when deciding to issue RQ or conduct residency investigations).

There are numerous published decisions by the Federal Court involving cases where it is patently clear that a key factor having a significant influence, on how the application was handled, was extended absence during the time the application was pending.

There are scores and scores of reputable reports in multiple forums like this one about applicants issued RQ after the test when CIC had identified the individual as having been abroad extensively while the application was pending.

But the most obvious illustration of how extended absences may influence CIC's approach to an applicant is manifested in Section 5(1)(c.1) as added to the Citizenship Act by the SCCA. The key motivation for including this provision, by this government, was to target applicants who leave Canada for extended periods of time while the application is pending. Several years ago a couple Federal Court decisions ruled that absences after applying could not factor into the calculation of residency itself, which meant that even though CIC could still (and clearly has) issue RQ and otherwise more strictly and thoroughly and skeptically scrutinize applicants whose ties abroad (including especially those who were spending extended periods of time abroad while the application was pending), it was more difficult for CIC to directly challenge such applicants. This was long a pet peeve among Tories and, again, was perhaps the single biggest factor leading to the inclusion of Section 5(1)(c.1).

The particulars in how specific applicants have been targeted and treated due to extended absences while the application is pending is detailed in numerous other topics, with a lot of detailed analysis derived from officially published Federal Court decisions in at least two related topics at immigration.ca.

To be clear, relative to new applications going forward (any made after June 10), there is no doubt: absences after applying are now directly relevant, and absences for a duration which CIC might infer as amounting to residing abroad (and remember, when asking about places where an individual resides, CIC's time frame is for calendar months) could suffice as grounds to deny the application. (If CIC concludes the applicant is residing abroad while the application is pending, that negates having an intent to continue to reside in Canada, since of course it is physically impossible to actually continue to reside anywhere other than where one is actually residing, and a person will be presumed to not intend to do that which it is impossible to do. This, after all, is the main purpose of Section 5(1)(c.1)!)
 

MUFC

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Jul 14, 2014
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The misconception is that those who have had bad experience after the test or before the test have had some other issues in their applications.

Only long time spending abroad have never been a reason for a delay.

Many people don't share all the small details in their applications which are the actual cause of the problem and because of the small problem they just add that idea that long absences might be also the trigger.

But the real triggers are completely different.
 

Maya2015

Newbie
May 28, 2015
6
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Joshemir said:
Uodate:

I'm done now with the exam and interview. They just checked the # of days I'm present here in Canada and didn't ask for any information re: my travel after I sent my application.

:D

Congrats! How was the exam? Any difficult question about dates or names?
 

MUFC

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Let me put it this way...

There are other problems with the applications and the situations around those cases which are the main problems.
Long absences are just a topping over the main problems with these people.

I don't think that there is even one case where the problem was only the long absence during the pending application.

If the information in the initial application is correct like in the case of Joshemir after that the person has no reason to worry about.
The key factor is to put only true and correct information in the application.

That's all.
 

Joshemir

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Jun 23, 2015
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[quote author=Maya2015]

Congrats! How was the exam? Any difficult question about dates or names?

[/quote]

It's not too bad. There were some names and dates. I think anyone who reads Discover Canada more than 5x will ace the exam. Haha!
 

Joshemir

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Jun 23, 2015
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MUFC said:
Let me put it this way...

There are other problems with the applications and the situations around those cases which are the main problems.
Long absences are just a topping over the main problems with these people.

I don't think that there is even one case where the problem was only the long absence during the pending application.

If the information in the initial application is correct like in the case of Joshemir after that the person has no reason to worry about.
The key factor is to put only true and correct information in the application.

That's all.

Ditto.
 

dav3000

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Aug 15, 2014
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It is best to follow the guidelines. Contact CIC if you know you'll be away for more than two weeks.
 

chikloo

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Feb 6, 2014
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nubee said:
Hi everyone,

I received my AOR last week. I have a need to travel out of the country for 1-2 months for my wedding but I am afraid to finalize wedding dates as I am not sure of the impact of travel on the process.

Can members advise if it impacts the application process in any manner? Does anyone have any experience with out of country travel?

I so appreciate your help.

Thanks,

I don't know if someone already answered. You just got your AOR and 99% unlikely to get a test date in next 2 months. You need not inform CIC as far as you wont be out more than 2 months. CIC does say that you have to inform them of any travel more than 2 weeks but that is just for information on file to not schedule during that time.

The only thing is the case officer may ask you why you were away for 2 months. Please be ready to show your to and fro tickets, boarding pass, marriage certificate and some photos of the ceremony.

You should be alright.

All the best and Happy Married life!
 

nubee

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Apr 30, 2015
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chikloo said:
Hi there, thanks a lot for the update. This forum members, including you have been very helpful.

I have asked my family to finalize wedding dates. :). It is going to be around Mid August and I'll leave by the end of July for home.

Thanks a lot everyone!!


I don't know if someone already answered. You just got your AOR and 99% unlikely to get a test date in next 2 months. You need not inform CIC as far as you wont be out more than 2 months. CIC does say that you have to inform them of any travel more than 2 weeks but that is just for information on file to not schedule during that time.

The only thing is the case officer may ask you why you were away for 2 months. Please be ready to show your to and fro tickets, boarding pass, marriage certificate and some photos of the ceremony.

You should be alright.

All the best and Happy Married life!
 
Apr 23, 2015
10
0
nubee said:
Hi everyone,

I received my AOR last week. I have a need to travel out of the country for 1-2 months for my wedding but I am afraid to finalize wedding dates as I am not sure of the impact of travel on the process.

Can members advise if it impacts the application process in any manner? Does anyone have any experience with out of country travel?

I so appreciate your help.

Thanks,
From a legal standpoint, the initially established rule was "one has to reside 1095 days and based on that he can get the citizenship"

It says nothing like "stay here all the time or else".

It pisses me off that all the immigrants live with this doze of fear that CIC might hit them with a hidden surprise and take away the status they were waiting so long for.

I'm a traveler. I traveled over 40 countries in my life.

I applied for citizenship and took off for a couple of months (not to become disloyal to the GREAT CONSTITUTIONAL MONARCHY OF HER MAJESTY QUEEN, but to enjoy my life and add meaning to it, away from the constant cycle of bills, greed and triviality)

I'm gonna be both disappointed and sadly surprised if any immigration officer will complicate my citizenship case because of that.
 

nubee

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Apr 30, 2015
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I totally relate with you. Even I tend to feel the same. We follow all the legal procedures so why to be afraid.

I also wish to plan travels to Thailand and Europe :). I might stopover in bangkok on the way via connecting flight.

whitneywhiteman said:
From a legal standpoint, the initially established rule was "one has to reside 1095 days and based on that he can get the citizenship"

It says nothing like "stay here all the time or else".

It pisses me off that all the immigrants live with this doze of fear that CIC might hit them with a hidden surprise and take away the status they were waiting so long for.

I'm a traveler. I traveled over 40 countries in my life.

I applied for citizenship and took off for a couple of months (not to become disloyal to the GREAT CONSTITUTIONAL MONARCHY OF HER MAJESTY QUEEN, but to enjoy my life and add meaning to it, away from the constant cycle of bills, greed and triviality)

I'm gonna be both disappointed and sadly surprised if any immigration officer will complicate my citizenship case because of that.