RQ, what to expect now?

[Rakiura74]

We received our RQ today (family application) after we got the AOR and status was on "In Process" online.

We are PR since 2008, but due to my husbands work, we spent one year abroad. During that time, he was always employed by the Government of Canada as a University Professor.

as found under: laws-lois.justice.gc.ca/eng/acts/C-29/section-5.html

those days abroad should be counted equal to being in Canada:

Residence

(1.1) Any day during which an applicant for citizenship resided with the applicant’s spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

Does anyone know how much the RQ will prolong the whole process?
Under the new bill, we would be eligible (4/6 rule as we are PR since 2008). Would it be faster to withdraw the application and reapply once the new bill comes into effect? It is not clear when this will happen though, no?

Any thoughts?

 

[era1521]

We received our RQ today (family application) after we got the AOR and status was on "In Process" online.

We are PR since 2008, but due to my husbands work, we spent one year abroad. During that time, he was always employed by the Government of Canada as a University Professor.

as found under: laws-lois.justice.gc.ca/eng/acts/C-29/section-5.html

those days abroad should be counted equal to being in Canada:

Residence

(1.1) Any day during which an applicant for citizenship resided with the applicant's spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

Does anyone know how much the RQ will prolong the whole process?
Under the new bill, we would be eligible (4/6 rule as we are PR since 2008). Would it be faster to withdraw the application and reapply once the new bill comes into effect? It is not clear when this will happen though, no?

Any thoughts?

I'll take it your husband is Canadian Citizen; if only that year abroad is the issue they want to clarify, just fill the RQ and send it back. These days the RQ wont take that long (like those issued 2011-2013).

Good luck!

 

[eileenf]

We received our RQ today (family application) after we got the AOR and status was on "In Process" online.

We are PR since 2008, but due to my husbands work, we spent one year abroad. During that time, he was always employed by the Government of Canada as a University Professor.

as found under: laws-lois.justice.gc.ca/eng/acts/C-29/section-5.html

those days abroad should be counted equal to being in Canada:

Residence

(1.1) Any day during which an applicant for citizenship resided with the applicant's spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

Does anyone know how much the RQ will prolong the whole process?

No one can say how long it will take for the Rq to be processed. It's a big question mark, and frankly that uncertainty is one of the most frustrating things about it.

Regarding counting your time accompanying your Canadian citizen spouse abroad, you may want to consult with a reputable lawyer. My sense is that this provision is very narrow and I'm not sure that being a University professor on exchange or sabattical would qualify as a) an employee of the federal or provincial government and b) public service or administration.

Do you have enough days without this year abroad? If so, there's little reason to withdraw. If yes, you may want to consider it.

In any case, speaking to a lawyer would be the best way to understand and weigh the risks/challenges and benefits of various approaches.

Good luck!

 

[djoli]

Let us just hope that you get lucky and that your case will move faster. Unfortunately there are still a lot of people that received RQs back in 2012 and 2013 that are still waiting for their oath. Since you applied not too long ago I would think that it will move faster that the old applications based on what we have been seeing lately.

 

[alphazip]

During that time, he was always employed by the Government of Canada as a University Professor.

Please explain. I didn't know that the Government of Canada employed people as university professors. Did his paycheque come from the Canadian government?

 

[scylla]

Residence

(1.1) Any day during which an applicant for citizenship resided with the applicant's spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

The University Professor role doesn't meet the criteria of the above clause and you will not be able to count this time outside of Canada towards the residency obligation. If you don't have at least 1095 physical days in Canada - you should withdraw your application rather than going through with the RQ.

 

[wanderfall]

I can't tell you what to expect but I can tell you what not to expect...

Oath invitation.

 

[CanV]

What scylla said is correct. This isn't for university professors. This is more of diplomats or individuals represnting Canada at an administrative level.

 

[Rakiura74]

I can't tell you what to expect but I can tell you what not to expect...

Oath invitation.

Wanderfall, your comment was actually quite rude, only topped by the stupid smile-face. You should be ashamed of yourself!

 

[Rakiura74]

Thanks all for your comments.
To clarify, my husband is not Canadian, but PR, as me and our son.
His university is probably different, as he mentioned that he is employed by the federal government.
It's different from university to university.
I hope you are not right and the time abroad will be counted. Also, with the new bill, we would qualify 100%, so I was hoping for so goodwill.
Thanks for your input.

 

[ar_fabrics]

Thanks all for your comments.
To clarify, my husband is not Canadian, but PR, as me and our son.
His university is probably different, as he mentioned that he is employed by the federal government.
It's different from university to university.
I hope you are not right and the time abroad will be counted. Also, with the new bill, we would qualify 100%, so I was hoping for so goodwill.
Thanks for your input.

Wish you good luck but if you see the definition of residence in your post it says at the time was Canadian citizen. Process of RQ holder applicants was 36 to 48 months during 2010 to 2013 but in 2014 very few RQ holder applicants got their citizenship with in round about 12/16 Month.

 

[thecoolguysam]

Here is the link:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=370&t=5

As your spouse is not a citizen thus the time spent outside canada won't count

That could be the reason you might have got RQ

 

[scylla]

Thanks all for your comments.
To clarify, my husband is not Canadian, but PR, as me and our son.

In that case there is 0% chance your time outside of Canada will be counted towards citizenship - to meet the criteria you quoted, your husband would have to be a citizen (see the link thecoolguysam posted above). So it's now confirmed you definitely don't meet the criteria of the rule you quoted.

You should withdraw your application if you didn't have 1095 days of actual physical presence in Canada at the time you applied. There is no chance of approval and you'll just end up waiting a very long time only to be refused.

 

[CanV]

In that case there is 0% chance your time outside of Canada will be counted towards citizenship - to meet the criteria you quoted, your husband would have to be a citizen (see the link thecoolguysam posted above). So it's now confirmed you definitely don't meet the criteria of the rule you quoted.

You should withdraw your application if you didn't have 1095 days of actual physical presence in Canada at the time you applied. There is no chance of approval and you'll just end up waiting a very long time only to be refused.

This is definitely correct.

 

[eileenf]

Also, with the new bill, we would qualify 100%, so I was hoping for so goodwill.
Thanks for your input.

Scylla is absolutely correct.

Also, the cic will not take into account any time accumulated after the signing of the application, so relying on "goodwill" based on later accumulation of dates is extremely ill-advised.

For the current period, getting an RQ doesnt necessarily mean long delays, but continuing with an application that has less than the 1095 of actual physical presence is guaranteed to result in long delays, a lot of stress and an overwhelming likelihood of denial in the end. So you need to look really carefully at your dates.

You would be wise to talk to a reputable lawyer if you are unsure about any of this.