RQ after applying 3 years ago....

[lavaland]

So I became a PR in 2000 - lived in BC for 10 years - I don't know why I didn't apply for citizenship in that time period, but it didn't seem urgent at the time.... Well, my partner (Canadian Citizen) got an amazing job in Seattle and off we went. So I applied in May, but CIC 'received it in August' when I applied I HAD the 1095 requirement. There were a few 6 week work trips overseas that I took for work reasons while working for a Canadian company in Canada that I had to factor in which brought me really close to the 1095 - I can't even remember what it was and of course for the life of me can't find copies of my app....

Now here I sit with an RQ which I got 2 weeks late because I was on holiday and sat practically idle for a week wondering where the hell I was going to get this information... how the heck am I supposed to remember every border crossing back and forth to Canada and the US - I go like once a month! Will I get penalized for submitting them incorrectly - I requested a copy of my border activity, but of course that takes 3 months..... should I wait for the FOIA? The information they are requesting is from 2006-2010! One suggestion I saw was to send as much information as possible (in the 45 days) with a cover letter indicating that more information was to follow..?

When I send the copies of everything should I just send the period of time that they requested or anything I can find for the whole 10 years I was there - I have tax assessments and some rental agreements.

Should I send proof of living with a Canadian citizen which is my saving grace for at the minimum keeping my PR status, we have full intention of moving back some day and I just wish to have citizenship under my belt so I don't have to worry about it anymore.

Please help.

 

[walitys]

Dear Lavaland,
do you know, that in order to become a citizen one day you need to retain your permanent residency right through all those (long) years as you wait for the canadian passport...
That means, you can stay away from Canada ONLY 2 years and some months...
In every rolling 5 years you can be away for 3 years...

 

[mikeathome]

Dear Lavaland,
do you know, that in order to become a citizen one day you need to retain your permanent residency right through all those (long) years as you wait for the canadian passport...
That means, you can stay away from Canada ONLY 2 years and some months...
In every rolling 5 years you can be away for 3 years...

... unless your spouse or common law partner is a Canadian Citizen and you live with him/her together abroad. This counts towards your resident requirement but NOT against your physical Canada-presence requirement for citizenship.
So, for every day abroad you lose a day of physical presence you had from the past until you are at '0' days physical presence (3 years abroad). When you return in this case you'll need to stay in Canada for full 1095 days within a 4 years time frame to become eligible for citizenship again. As long as you live with your common law partner you will not lose your PR neither in Canada nor abroad.

mike

 

[lavaland]

Right, thank you Mike. As I stated my partner is a Canadian citizen so I'm retaining my PR status through that relationship while in the US.

At the time we didn't know how long we'd be in the States, but I was sure to apply for citizenship within the 1095 day deadline - which happens to be almost 3 years ago now. Had I known it would take 3 years and not the 8-12 months as their website had stated we might have done something different.

But now here we are. I'm not sure why I got an RQ because at the time I applied I was within the 1095 and stated as such in the residency requirements and calculated with the CIC residency calculator. What I was hoping someone would answer was if I should I only send information from the time period (2006-2010) like they asked, or send information for the whole 10 years I was living in BC. Is it less is more or more is more with them?
Can I send the information incomplete since it will take 30-90 days for the border crossing information, which is longer than the 45 day deadline they gave me and send followup documents when I receive them?
Also at the time I applied, the 'living with a Canadian' aspect didn't come into play. Should I include that information in with the RQ to have it on file (moreso)? We check in at the border for them to input it into their computers as much as we can and have been told by a border guard that there are many records of us traveling together.

I appreciate that it can be annoying when some newb comes in and asks a question you've seen 1000 times walitys, but I did research the forums and couldn't find the answer I was looking for. It's probably your 1000th time seeing this, but it's my first time experiencing it.

If anyone can add anything from their experience that would be great.

 

[SenoritaBella]

Only send information for the period asked, 2006 - 2010. You will see at the top of the RQ that it says to send information for the specified period unless stated otherwise.

It is important to send what you have within the deadline and a cover letter indicating that you are waiting for additional information and will forward when it comes.

It's up to you whether to mention your spouse is a citizen and you are maintaining your PR status that way.

I think you got the RQ because you've been away for a long time and frequently travelled to the US within the relevant 4 year period. Also, you left after applying, so there may be question over your future plans i.e. do you really plan to settle in Canada?

 

[OKK]

i strongly agree with sanoritabella on this one

 

[OKK]

looking at your circumstances your application looks like a very long drag...i wish you all the very best.

 

[Msafiri]

lavaland,

1. I read both your posts and correct me if I'm wrong - you mention being close/ within the 1095 day mark. So did you have 1095 days of physical presence or did you apply on the basis that you could not go beyond the 1095 days and thus had less than 1095 days?

2. Send in documents covering the requested period i.e. the 4 year qualifying period. Previous forms of the RQ used to give some direction as to required documents but the recent versions not so much. Which version do you have?

3. Documents that are an 'active' proof of residence such as medical bills/statements carry much more weight than 'passive' proof such as bank statements. This on the basis that its likely 'you' that had the root canal but that a 'relative' could be using your bank/ credit cards to fake presence in Canada. Your Notices of Assessment are a must. Get an employer letter too confirming your employment in Canada.

4. How did you travel outside Canada? By air? Do you have e-tickets? Do you use a frequent flyer programme as they can print out statements. Can you match up say credit card use with dates of border crossings? Hotel reservations?

5. Submit what you can within the 45 business days given with a cover letter that there is more to follow.

You may be able to find out the reason for RQ by making an ATIP request for your GCMS notes. If you ask for physical files you will get a copy of your entire application package.

Good luck

 

[lavaland]

Thanks SenoritaBella - I was thinking the more info the better, but I can see where is says 4 years unless otherwise noted. I must have missed that bit from my disbelief!
I know OKK - looks like a long shot now... disheartening.

Msafiri -

1) The application that I submitted I had 1105 days of physical presence. So 355 days out of country - 94 of those days were on business trips.

2) I have the 'not so helpful' version of the request. I found a pdf of one online and was surprised to see how nicely they laid it out to make requests. I guess they are overloaded with requests? I *think* I have a request in for border crossing the US border patrol, but the process was so awkward I'm not sure.... The website suggested this was a 30-90 day turn around.

3) I also have requested medical records from Health Insurance BC, this form suggested it could take 6 weeks.

4) I'll have a look at my air miles memberships and see what they have on file - I hadn't thought of that. Thank you.

5) I will submit what I can with a cover letter explaining the missing information.

I'm not sure what the ATIP request is (but I'll look it up) - but now that I think of it.... a week before this letter arrived I went into the border to see what the hold up was since we were about to hit the 3 year mark. The guard looked at my file and suggested that they were waiting for 'proof' of my relationship with my partner - now I find this odd because here I am with an RQ, not a proof of relationship. Maybe he didn't know what he was talking about or how to decipher the notes... *sigh*

Thank you very much for your help.

 

[OKK]

Access to Information and Privacy (ATIP). If you want to order it on your own there are two ways.

a) If you have a friend / relative in canada it would cost you just $5 and you will get that in around 30 days.

b) If you don't have a relative or friend in Canada then you can get it from websites and it would cost around $25-$40 and you will get in six to eight weeks..

Check this

a) If you have a relative / friend in Canada

As you have a relative / friend there it would cost you just $5. Its very easy. Your relative / friend will order this on your behalf and he will be the requester. It can be done by email and your relative / requester can send scan copies of everything. Your relative / friend will receive CAIPS / GCMS notes in his email.

First fill the following form but your relative / friend will sign it as he is the requester.

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5563E.pdf

Then you will have to fill this consent form and sign yourself

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5475E.pdf

Now according to latest IMM5563E form you can even pay fees online if you are not living in Canada and there is no need to fill any credit card form. Pay fees online, get receipt, fill it and then scan and attach with application. Its very easy. Go to section C of the following form then follow other links given below.

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5563E.pdf (See section C)

http://www.cic.gc.ca/english/information/fees/index.asp

https://eservicesak.cic.gc.ca/epay/lineofbusiness.do

After payment take 2 copies of print out of receipt. Keep one copy for yourself and attach other with application.

Ask your relative to provide copy of his Canadian passport or PR card and copy of his recent bill or bank statement as a proof that he is currently living in Canada

Ask him to scan everything and send everything by email to

atip-aiprp @ cic.gc.ca


b) If you don't have a relative / friend in Canada

try these websites. You will get in around 6-8 weeks.

a) http://www.caips.ca/
b) http://caipsnotes.com/index.shtml
c) http://www.caipsretriever.com/2006/03/immigrants-life-in-toronto-canada-ii.html
d) www.lawpoint.ca ($25 only)

I hope this is helpful i also wish you all the very best with this long painful journey

 

[mikeathome]

(...)
Also at the time I applied, the 'living with a Canadian' aspect didn't come into play. Should I include that information in with the RQ to have it on file (moreso)? We check in at the border for them to input it into their computers as much as we can and have been told by a border guard that there are many records of us traveling together.

(...)

Hold on a sec...
You a PR not on sponsorship? At the time you applied, did you list your common law partner on the application form?

You'll lose your PR (and the right for citizenship) if you cannot show/proof to CIC that you live in common law partnership or return before you reach out of country >3yrs. within last 5! Be prepared that CIC might not grant your PR renewal w/o asking a lot of questions. You got the RQ because you are out of country, not married, especially if you didn't list your partner on your citizenship application. CIC is probably verifying whether you still a PR in their eyes. Make sure you use the RQ to show that you live in common law partnership. Make it a strong case! Other than that send only what they ask for...

mike

P.S.
Travelling together makes no difference, living together though does. You have to inform CIC about personal changes, like address change, marriage, children when your application is in process. This definitely involves starting a common law partnership. It changes a lot and possibly would have avoided your RQ.

 

[lavaland]

I did say on my application that I was living with my Canadian common law partner who was transferred to the US for work reasons. I plan on including joint lease paperwork. I'll get the RQ off next week or so and wait another 2 years I guess. Hopefully it will work out. ???

 

[OKK]

I did say on my application that I was living with my Canadian common law partner who was transferred to the US for work reasons. I plan on including joint lease paperwork. I'll get the RQ off next week or so and wait another 2 years I guess. Hopefully it will work out. ???

RQ processing time is 36-48 months

 

[walitys]

RQ processing time is 36-48 months

OKK,
could you mention the exact source of this information? Is it a rumor or a fact?

 

[OKK]

its a fact you can also call CIC call center they will give you the same time line.