Unsual Scenario

[hkdvirdi]

Hi,

My father applied for my sister's citizenship ( January 2012 CIC started processing) when she was under 18 years. Its been 2 years CIC is still processing the case and it has even crossed the non routine time for the application. We called cic today and agent forwarded our query to concerned officer in charge of the case. They called my dad and told that my sister has to come for oath as she is adult now. Our main problem is that my sister's PR card has expired as she is studying in india and she can't enter canada with expired PR card. The officer has basically asked if she comes here and show her passport (indian one) she will be invited for oath and given citizenship. How should we go about doing something about this?

Thanks in advance. I Know this is a complicated situation.

 

[thecoolguysam]

Hi,

My father applied for my sister's citizenship ( January 2012 CIC started processing) when she was under 18 years. Its been 2 years CIC is still processing the case and it has even crossed the non routine time for the application. We called cic today and agent forwarded our query to concerned officer in charge of the case. They called my dad and told that my sister has to come for oath as she is adult now. Our main problem is that my sister's PR card has expired as she is studying in india and she can't enter canada with expired PR card. The officer has basically asked if she comes here and show her passport (indian one) she will be invited for oath and given citizenship. How should we go about doing something about this?

Thanks in advance. I Know this is a complicated situation.

Did she stay in canada 2 years out of 5 years. If yes, she can apply for a travel document to travel to canada. If she has not completed her residency requirement then she won't be able to come to canada and can't apply for citizenship

 

[hkdvirdi]

Did she stay in canada 2 years out of 5 years. If yes, she can apply for a travel document to travel to canada. If she has not completed her residency requirement then she won't be able to come to canada and can't apply for citizenship

No she didnt stay here for 2 years out of those 5 years. So there is no other solution to this?

 

[eileenf]

My father applied for my sister's citizenship ( January 2012 CIC started processing) when she was under 18 years. Its been 2 years CIC is still processing the case and it has even crossed the non routine time for the application. We called cic today and agent forwarded our query to concerned officer in charge of the case. They called my dad and told that my sister has to come for oath as she is adult now.

You need to speak to a lawyer or a knowledgeable settlement worker ASAP.

1. Anyone over 14 years old needs to take the oath and sign the application.
2. Minors are not obligated to meet the citizenship residency requirement, but I believe that they do need to comply with the PR residency obligation.
3. You can't become a citizen if you are not a current PR.
4. You can call the Call Centre and ask questions anonymously. They don't need your sister's file numbers to answer questions regarding her PR, etc.

Questions: How long has your sister been away? Is she scheduled for the Oath? Is she living in India with a parent or spouse who is a Canadian citizen?

 

[thecoolguysam]

No she didnt stay here for 2 years out of those 5 years. So there is no other solution to this?

then it means she has not maintained her pr status. If you apply for a travel document, it would be declined. In order to get citizenship, PR status has to be maintained.

Read the following under Loosing your PR status:

http://www.cic.gc.ca/english/newcomers/about-pr.asp

Also read this:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=727&t=4

If your sister is under age of 19 and she stayed outside canada with either her father or mother who is canadian citizen, can maintain her PR status.

Here are more in depth details about the age:

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA


In the following link it clearly states that the PR status should not be in question while applying for citizenship:

http://www.cic.gc.ca/english/citizenship/become-eligibility.asp

 

[eileenf]

No she didnt stay here for 2 years out of those 5 years. So there is no other solution to this?

To clarify, has she been out of Canada for longer than 3 years?

Regarding other solutions, she would need to get back into Canada and allow some time to pass in order to bring herself into compliance with the PR residency obligation. This would be hard to do from India with no PR card and no travel document.

This is pretty high stakes though, so I really encourage you to speak to a professional. Good luck.