Residence Questionnaire

[muzmil]

Thank Jell0950. I got the R .Q this month.

when did you file your application and on RQ doesn't it show any dates ?

 

[jell9050]

Lashari, Its very strange...If you get RQ this Month, you should have received the new one(11_2013) which has some significant changes. Anyhow good Luck.

 

[eileenf]

Thank Jell0950. I got the R .Q this month.

Hi Lashari,
If you received the RQ CIT 0171 092012 last month, that may indicate that the CIC
1. made a mistake,
or
2. sent you a more demanding form because they have more concerns or suspicions of your application.

I say this based on my understanding that the CIC currently tries to send the least demanding document possible to fulfill their concerns. So they'll send CIT 0520 if they only want to ask for a specific document or a few specific documents and CIT 0171 102013 otherwise. If CIT 0171 102013 does not address the concerns, they will ask for more documents afterward. So, if you got the earlier (more demanding) version of the RQ, this may indicate that they have more concerns than normal. If you think that that could be the case, I would recommend that you seriously consider consulting a qualified citizenship lawyer.

Regarding whether you should disclose the property you inherited (with your siblings) outside Canada, I highly recommend always telling the truth, as clearly and simply as possible. If you are considering not telling the truth (which I absolutely advise against) you really need to consult with a lawyer, because saying "no" when the truth is "yes" is risky. What if you go to a citizenship judge hearing and the citizenship judge asks you? Will you still deny it? The judge may sense you're not telling the truth and imagine that you weren't being wholly truthful about other things as well. It just seems like you'd risk undermining your credibility for no good reason.

I would include a copy of whatever documentation you have regarding the inheritance or the property. And write a letter saying "I inherited this property with my 5 siblings at the death of my grandmother on this date (or whatever)." If you can add something about how you're not really involved with the property or that you hired someone else to manage it, put that in. But the CIC does not really care whether you inherited 1000 hectares or 1 hectare.

Also, there is nothing wrong with inheriting property. (As long as your property isn't an al-Qaida training camp or a rogue nuclear reactor, it's not going to be a big problem). Inheriting farm land or an apartment does not mean you're unworthy for Canadian citizenship.

My RQ motto was "the truth is my refuge". I know it's a bit dramatic to have an RQ motto, but it was a good reminder that, even if I'm not the "perfect immigrant" and even if it felt really bad that the CIC seemed to not trust me or my application, I'm not a liar. I did live here for 1098 days before my citizenship application and another 940 days since then. I am worthy of citizenship. I try to remember that I'm worthy and I try to act like it.

 

[rayman_m]

Hello eileenf,

What happens if an applicant has investment in a company in home country which was established before coming to Canada and the investment is still there? As RQ has section to declare property and business outside Canada. Let's say, Investment can't be closed or shut down due to incurring of possible losses. Also same for a Rental Property outside Canada prior arrival in Canada and can't be disposed off for many reason..

As these property and business is not established after becoming a PR in Canada rather prior to arrival as a PR under business/investor category. Applicant may have made investments (real estate/stock/etc) in Canada too after becoming PR. So as a investor the applicant has the financial ties in home country and in Canada.. Also there is a form call T-1135 foreign asset declaration form in CRA which applies to the residents in Canada who has investment outside. So, legally CRA has this provision of owning the asset overseas and pay taxes on those incomes.. How CIC will view these issues?

 

[eileenf]

What happens if applicant has investment in a company in home country which was established before coming to Canada and the investment is still there? As RQ has section to declare property and business outside Canada. Let's say, Investment can't be closed or shut down due to incurring of possible losses. Also same for a Rental Property outside Canada prior arrival in Canada and can't be disposed off for many reason..

As these property and business is not established after becoming a PR in Canada rather prior to arrival...How CIC will view these issues?

The CIC will see that you have some business ties abroad, but so what? If this is the truth, then this is the truth. I understand the urge to "massage" the truth to try to look more like a "perfect immigrant", but there is no such thing as a "perfect immigrant" because there is no such thing as a perfect person.

Also, there is nothing wrong with owning properties in other countries (unless it is a Rocket Propelled Grenade factory or something).

My instinct is that telling little lies (like saying one doesn't own any properties overseas when one does) can backfire because the information may come out other ways or a citizenship official may sense that the applicant is hiding something and distrust the entire application. It's not good to undermine one's own credibility, and it's especially futile to undermine one's credibility to hide something that isn't worth hiding.

Realistically, if you disclose these properties, the officer may ask about them in the interview and they will probably gain a better understanding of your economic situation and your travel history.

Bottom line: You're allowed to own properties in other countries. You're allowed to own properties in Canada. Neither one of those qualifies you or disqualifies you for citizenship. If you met the residence qualification, you met the residence qualification. Don't tell lies about yourself in an effort to "game the system". The truth is your refuge.

 

[Lashari72]

Hi Muzmill
I applied in May 2013

 

[rayman_m]

Yes eileenf, you are right. It has to be declared as is where is. Many people these days are immigrating under business/investor category and it is common to own assets in and out of Canada and for that CRA has Form T-1135 to declare foreign assets.. Thanks for sharing your thoughts..

 

[Lashari72]

Hi elieenf,

Thanks for the detailed reply.
I am not sure whether CIC had made mistake by sending me the old RQ or they have concerns on my application.

As far as the disclosure of property is concerned, I don't want to lie or hide anything from CIC. The reason I asked this question on its disclosure is that:

1- I inherited this property (two residential plots - no construction done yet), even though the property is registered under my name but it is not 100% mine. Back home we have joint family system and It was mutual agreement between me and my deceased father that upon the distribution of all his property among his children these two plots will be sold and the proceeds will be distributed equally among all children. So in actual I own only 1/5th of the property. I want to keep my promise with my deceased father and will distribute as we agreed upon.

2- I have saving certificates under my name and I am using their profit to support my brother's kids education as he is jobless and I am single with no family and kids and helping my brother. CIC already know about these certificates.

I want to disclose everything to CIC but don't how to do it. This was only reason I asked this question.

lastly, If I higher a immigration lawyer, how much its going to cost me and what effect it will make on my application?

Thanks

 

[Lashari72]

*hire

 

[rayman_m]

Hiring a lawyer does not effect anything. It's an individual's choice. I seen somewhere in the net for RQ preparation, lawyer charges approx. $1000.. So, if you think you are not confident of fulfill RQ requirements and having trouble to understand the sections and the supporting documents..yes it could be wise to hire a qualified lawyer who has experience on dealing with RQ cases..

 

[ADEELOO]

We applied as a family for citizenship grant after completing 1095 days.

Following are the details;

They received your application for Canadian citizenship (grant of citizenship) in 2008.

Processing of application 2009.

2 adults appeared and write the citizenship test on 2010 .

Rcvd RQ IN 2010. and within days submitted with all relevant documents required.

We kept asking with vague replies

1 family member rcvd test in late 2013

RQ was given which was also submitted,

2ND PR expiring soon .

confused what to do now; , can any one give us authentic reply as whole family is disturbed
Will be getting citizenship , how we should renew PR as our days are less than 730 days now

 

[eileenf]

Will be getting citizenship , how we should renew PR as our days are less than 730 days now

You cannot become a citizenship unless you are a current PR. Your compliance with your PR residency obligation will go through a "status check" before citizenship oath. If you are not in compliance with PR residency obligation you will not be scheduled for Oath and your PR status will be revoked (after a bit of a process where you can appeal to IRB, etc.). If you are serious about staying in Canada, this, is really a time to contact a lawyer. Technically, you've forfeited your PR and cannot renew because you did not maintain your 730 days of residency. There may be some loophole to rescue your status, especially if you are now in Canada or will soon return, but you need to focus rescuing your PR status (or reapplying) rather than worrying about citizenship.

 

[eileenf]

I am not sure whether CIC had made mistake by sending me the old RQ or they have concerns on my application.

I would recommend calling the CIC and inquiring about whether they can check your case notes and see if the old RQ (CIT 0171 092012) was sent on purpose or if they meant to send the newer form.

As far as the disclosure of property is concerned, I don't want to lie or hide anything from CIC. The reason I asked this question on its disclosure is that:

1- I inherited this property (two residential plots - no construction done yet), even though the property is registered under my name but it is not 100% mine. Back home we have joint family system and It was mutual agreement between me and my deceased father that upon the distribution of all his property among his children these two plots will be sold and the proceeds will be distributed equally among all children. So in actual I own only 1/5th of the property. I want to keep my promise with my deceased father and will distribute as we agreed upon.

The main question of the RQ is residency. So, I don't think it would make too much difference to the CIC whether you own 100% or 20% of the property abroad. Definitely tell them. Write a letter saying you own 20% based on family system common in Country X. If you are really concerned, you could get your co-owners to sign an affidavit or go to a notary verifying this, but personally, I'm not sure it would be worth the hassle to solemnize the letter about only owning 20%.

2- I have saving certificates under my name and I am using their profit to support my brother's kids education as he is jobless and I am single with no family and kids and helping my brother. CIC already know about these certificates.

I want to disclose everything to CIC but don't how to do it.

Write a cover letter for your RQ response. List any info simply, concisely, honestly. If you wish, you can say that you have some income that you use to help with your brother's children's education. But, I don't think it's really necessary to explain exactly how you are using this income and why. Your brother's employment status is not relevant to your residence in Canada.

lastly, If I higher a immigration lawyer, how much its going to cost me and what effect it will make on my application?

I'm not sure. It depends what work they do for you. Probably at least $1000 though. It could be helpful to have the advice of a lawyer if you have a really complicated case (for example: you did not actually meet your PR or citizenship residence requirement).

 

[Lashari72]

Hi eileenf,

Thanks very much again for your reply.

In my opinion my case is very simple and I meet the Residency requirements as I never lost my PR status ( I even renewed my PR ) and on the date of citizenship application I was in Canada consecutively for 1119 days during the immediate last 04 years from the date of my application. Here is the detail:

1- Become PR in March 2007

2- Stayed for 52 days in 2007 and went back as I had a job and couldn't quit at that time; Reason being after my father's death in 2004 I
assumed his role and was the sole provider for the whole family and couldn't afford to stay jobless for 6-8 months as newcomers in Canada
face difficulties in getting their first job in Canada and to prove that I did stay jobless for first 06 months when I came back to Canada in 2010.

3- Resigned from job in April 2010 and came back to Canada in April 2010. Spent 1089 days outside Canada but came back in time and never
lost my PR status.

4- Renewed PR in 2012.

5- Stayed in Canada Continuously since April 2010 and never travelled outside Canada since April 2010.

6- Completed my residency requirements i.e. 1095 days stay in Canada during last four years prior to citizenship application and Applied for
Citizenship in May 2013. The date I applied for citizenship, I stayed 1119 days in Canada during last 04 years from the date of my application.
i.e. form April 2010- May 2013.

Please let me know is above case is complicated?

Moreover, in the Question number 14 of RQ which states:

'Prior to your Arrival Date in Canada, did you Terminate your employment or business outside Canada? Please give details'

My answer to this question would be:

' NO' - because I didn't terminate my employment prior to my Arrival Date in Canada which is March 2007 because of the reason mentioned
above in #2.
However I did terminate my employment in 2010 when I cam back in Aril 2010. So for the Purpose of RQ , which focusing immediate last
04 years period prior to my citizenship Application, the answer would be YES because I did resigned in April 2010 before travelling back to
Canada as PR in 2010.'

Please let me know would this be the correct way to answer above question.

Thanks

 

[Lashari72]

Hi jell0905

I e-mailed you the first page of R Q as the previous one does not includes date area. I hide the dates for my privacy. Please share it.

Hello eileenf,

Please ignore my previous post, because:

Upon Carefully reading the instructions on the first page , immediately above the BACKGROUND INFORMATION, of R Q , I understand that for the purpose of RQ the 'Date of Arrival in Canada' here is the date you come to live in Canada and NOT the date you become PR.

So in my case the answer to first question would be April 2010 as I come LIVE in Canada in 2010 and at that time my status was PR.

The answer to second question would be the date on which I become Landed Permanent Resident of Canada and that date is March 2007.

Please correct me if I am wrong.