RQ - meaning of "since your arrival in Canada"

[inventov]

Hi guys,

My wife received the RQ questionnaire in Feb 2014 after she applied for citizenship in Sept 2012 and we are a bit puzzled about how to fill some fields. Few months after she applied for citizenship she accepted a job outside Canada and she is now, there.

Now, most of the questions in the RQ contain the phrase "since your arrival in Canada" but don't specify until which date. Is is just for the 4 year previous to the citizenship application or to present date? For example, questions #4 is "Since your arrival date in Canada, have you worked, studied or lived in any other country other than Canada?". What should we answer to this?

Since the RQ mentions that we need to provide documents only for the 4 years previous to her application the entire RQ is confusing for us. If we are to take into consideration only the 4 years mentioned in the RQ then the answer would be "NO". But if we are to consider her current situation, we would have to answer "YES".

We don't want to screw this up, so we called 3 agents at CIC and the first didn't really know what to say, the second said we need to provide the data for the 4 years only, and the third said we need to list everything from the entry date to present... Even more confusing...

What are we supposed to do? Any approach? Should we fill the answers only for those dates and provide an explanation in the supplemental form?

Any advice?

 

[rayman_m]

I believe RQ says work history for last 4 years only data with proof of work and anything beyond CIC is not looking for. You can call CIC agent to double check..

 

[eileenf]

1. I know the instructions can be confusing. Personally, I would recommend saying yes because it reflects the truth of her situation. She is living outside of Canada, and presumably, the CIC will see this info through addresses on docs sent for RQ response, mailing address, etc. She needs to maintain her credibility. The best way to do this is to be honest and forthcoming.

2. However (*please take this info with a grain of salt*) I have heard from a lawyer that the 4 year period is the relevant period as far as the current Citizenship Act is concerned. So, one might be able to withhold information from outside that period if one strongly feels that it irrelevant. But if you do so, you really need to do so after consultation with a lawyer.

3. Because she is living outside of Canada, her processing timeline might be slow. She needs to maintain her PR until the date of her Oath. If she does not meet the residence obligation for PR, she will not be granted citizenship, regardless of how long she lived here in past years. A citizenship applicant needs to be a current PR on the day of their Oath in order to get citizenship. They will check compliance before scheduling the oath.

 

[eileenf]

My wife received the RQ questionnaire in Feb 2014

Also, did she receive CIT 0171 (09-2012) or CIT 0171 (10-2013)?
Thanks.

 

[inventov]

Also, did she receive CIT 0171 (09-2012) or CIT 0171 (10-2013)?
Thanks.

It's the CIT 0171 (09-2012). Does it make any difference?

 

[inventov]

...You can call CIC agent to double check..

I did, three times with three difference responses...

 

[eileenf]

It's the CIT 0171 (09-2012). Does it make any difference?

As far as I understand, the CIT 0171 (10-2013) really is limited to the 4 year qualifying period, while the 09-2012 version is, at best, rather vague about that.

I've been looking for a copy of the "new RQ" for some months now to post on the website in my tag line, but I'm beginning to suspect that it may have been withdrawn for some reason and is no longer in use.

 

[inventov]

1. I know the instructions can be confusing. Personally, I would recommend saying yes because it reflects the truth of her situation. She is living outside of Canada, and presumably, the CIC will see this info through addresses on docs sent for RQ response, mailing address, etc. She needs to maintain her credibility. The best way to do this is to be honest and forthcoming.

2. However (*please take this info with a grain of salt*) I have heard from a lawyer that the 4 year period is the relevant period as far as the current Citizenship Act is concerned. So, one might be able to withhold information from outside that period if one strongly feels that it irrelevant. But if you do so, you really need to do so after consultation with a lawyer.

3. Because she is living outside of Canada, her processing timeline might be slow. She needs to maintain her PR until the date of her Oath. If she does not meet the residence obligation for PR, she will not be granted citizenship, regardless of how long she lived here in past years. A citizenship applicant needs to be a current PR on the day of their Oath in order to get citizenship. They will check compliance before scheduling the oath.

#1 - I tend to reply with YES and explain in the supplemental page
#2 - I think that only the 4 years should be relevant, but with CIC you never know.
#3 - I am a Citizen so I will move with her to maintain her PR status

Cheers!

 

[us2yow]

that's very odd....are the "yo-yo" in on which forms they issue...or do they just toss a coin and pick a form to issue ! ? I mean ...really !

 

[inventov]

They should make the questions more clear or provide a detailed on how to fill them.

I am spending hours trying to figure the nuances of their questions...

 

[eileenf]

They should make the questions more clear or provide a detailed on how to fill them.

I am spending hours trying to figure the nuances of their questions...

ATIP documents showing internal CIC communication show that the CIC made a deliberate decision to not provide a guide and to not correct typos, overreaches and inconsistencies. (i.e. 45 days vs. 45 business days - it is 45 business days, asking for docs outside of the legally applicable time period, no mention to only send photocopies, etc)

 

[inventov]

ATIP documents showing internal CIC communication show that the CIC made a deliberate decision to not provide a guide and to not correct typos, overreaches and inconsistencies. (i.e. 45 days vs. 45 business days - it is 45 business days, asking for docs outside of the legally applicable time period, no mention to only send photocopies, etc)

Why would they do that?

 

[inventov]

I spoke with three agents today.

The most knowledgeable one said that the time frames at the top of the RQ (the 4 year period before the application was signed) refers strictly to the the supportive documents one needs to send (i.e. T4s, bank statements, rent, etc) to CIC.

Most of the times "since arrival in Canada" means until present.

I hope it helps others too, but you may want to call and ask CIC to clarify the questions and provide a guideline for the RQ.

Funny, CIC says on the phone that harassment on their employees over the phone is not acceptable, but to be honest I find the RQ to be very harassing.

 

[inventov]

(i.e. 45 days vs. 45 business days - it is 45 business days

It's actually 45 calendar days, not business days. At least in my case. Not sure how I can add an image to show they mention calendar days.

That is not from the RQ but from a notice that came with the RQ.

 

[eileenf]

It's actually 45 calendar days, not business days. At least in my case. Not sure how I can add an image to show they mention calendar days.

That is not from the RQ but from a notice that came with the RQ.

Goodness. It looks like you're right.
.
The RQ form itself states 45 business days.
The former Operational Bulletin which governed this OB476, specified 45 business days.

However, OB 476 has been replaced by OB476B, which states calendar days. They both cite R11, which refers to Regulation 11 of the citizenship Act, but this doesn't specify the timeline.

Either way, the confusion and misinformation regarding something so basic as a due date does not engender confidence in the process.

But if you can't make the 45 day deadline, just send what you have and list the items to follow.

OB 476: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob476.asp
OB 476B: http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob476B.asp