Urgent
- Thread starter mickey_mouse
- Start date
i been living here for 4 years now..just wana go back
foodie69 said:
go back till i get test/interview call then i come back..not to go back permanently
dpenabill said:
CIc doesn't prohibit you going abroad after applying. They only ask you to inform them first. thats all..
foodie69 said:
oh no not.. i have already completed my residence...it says to live here before you apply for citizenship not after..
mickey_mouse said:
On the website it clearly says: You must declare your intent to reside during the citizenship application process.
You are not a Canadian citizen until you have taken the oath!
Anyway, do what you like, not my problem. Enjoy your trip.
foodie69 said:
intent doesnt bound you to stick to canada..i am not leaving for good..i will come back when get interview/test call
If you plan to go abroad for four to six weeks immediately after applying, that probably poses few risks of a problem. Current processing times, however, vary so greatly that remaining abroad much longer than that will risk problems. Again, there is no reliable information about what your timeline will be sufficient to make plans around that. The test could be scheduled in just two or three months, or not for seven months or longer.
This is not to be argumentative. This is to alert you that a plan to go abroad for an extended period of time while the application is pending, until the test/interview is scheduled for example, is risky and risky enough to be, frankly, foolish.
If you meet the requirements now, actually the more prudent course would be to go abroad first and then apply when you return to Canada. Indeed, if you meet the requirements based on having been in Canada for the last four years, you could go abroad for many months (even a year) and still be qualified when you return.
Current requirements include that the applicant have the intent to continue residing in Canada (this is section 5(1)(c.1) which can be seen here: http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont ). This applies right up to the moment before the oath is taken. Obviously, it is not possible to intend to continue doing something one is not actually doing . . . so it would be obvious that the applicant who is not residing in Canada while the application is pending does not have the required intent to continue residing in Canada.
foodie69 is correct, residing abroad while the application is pending means you would not meet the intent requirement. (Again, this applies right up to the moment of taking the oath, not just as of the day the applicant signed the application; there are several requirements which work this way, including prohibitions. In general an applicant must meet the requirements as of the day the application is signed, and continue to meet the requirements right up to taking the oath. Getting past the minimum presence requirement is not enough.)
Bill C-6 proposes to remove this requirement, and to make it as if this requirement never existed. And there is no indication, other than still requiring the applicant to affirm this intent on the day of signing the application, that IRCC is otherwise aggressively enforcing this requirement.
But it would be foolish to test the extent to which IRCC will enforce this, such as by residing abroad while the application is pending.
And, being abroad for an extended period of time while the application is pending is risky apart from the intent requirement . . . leading to . . .
It is far more complex than that. Even before Harper formed the government and CIC migrated toward imposing higher hurdles and more probing scrutiny, CIC employed criteria (for imposing elevated scrutiny and RQ) which was in part aimed at identifying applicants who went abroad for extended periods while the application was pending.
There is no problem going abroad briefly. It is OK to go abroad for a holiday or otherwise for a brief period of time, so long as this does not interfere with getting to scheduled events on short notice. This is why foodie69 asked about how long abroad.
But make no mistake, to leave one's employment or place of residence, to be in effect living abroad (such as for a couple months or more) while the application is pending, has RISKS.
The catch-22 is that if the applicant fails to properly inform IRCC as to one's actual place of residence pending processing, that is misrepresentation and a stand alone ground for denying citizenship (or at the least causing significant problems in how the application is actually processed). But if the applicant properly informs IRCC he or she is abroad for an extended period of time pending processing, and particularly if one is living abroad pending processing, that will almost certainly trigger at the very least non-routine processing and related elevated scrutiny . . . which can complicate the application significantly more than it appears you appreciate.
Again, these observations are not offered to be argumentative. They are intended to alert you that a plan to go abroad for an extended period of time while the application is pending, until the test/interview is scheduled for example, is risky and risky enough to be, frankly, foolish. Sure, this is something you could navigate successfully. But the risks otherwise loom ominously. And based on what you have described, there are indeed reasonably alternative approaches, like going abroad for a few months before you apply. (It may seem incongruous or odd that a lengthy absence before applying is far less risky than one after applying, but the fact of returning to live in Canada in itself will tend to obviate much of the concern that tends to complicate processing if an applicant is abroad and appears to return just in time to take the test or oath.)
This is not to be argumentative. This is to alert you that a plan to go abroad for an extended period of time while the application is pending, until the test/interview is scheduled for example, is risky and risky enough to be, frankly, foolish.
If you meet the requirements now, actually the more prudent course would be to go abroad first and then apply when you return to Canada. Indeed, if you meet the requirements based on having been in Canada for the last four years, you could go abroad for many months (even a year) and still be qualified when you return.
mickey_mouse said:
Current requirements include that the applicant have the intent to continue residing in Canada (this is section 5(1)(c.1) which can be seen here: http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont ). This applies right up to the moment before the oath is taken. Obviously, it is not possible to intend to continue doing something one is not actually doing . . . so it would be obvious that the applicant who is not residing in Canada while the application is pending does not have the required intent to continue residing in Canada.
foodie69 is correct, residing abroad while the application is pending means you would not meet the intent requirement. (Again, this applies right up to the moment of taking the oath, not just as of the day the applicant signed the application; there are several requirements which work this way, including prohibitions. In general an applicant must meet the requirements as of the day the application is signed, and continue to meet the requirements right up to taking the oath. Getting past the minimum presence requirement is not enough.)
Bill C-6 proposes to remove this requirement, and to make it as if this requirement never existed. And there is no indication, other than still requiring the applicant to affirm this intent on the day of signing the application, that IRCC is otherwise aggressively enforcing this requirement.
But it would be foolish to test the extent to which IRCC will enforce this, such as by residing abroad while the application is pending.
And, being abroad for an extended period of time while the application is pending is risky apart from the intent requirement . . . leading to . . .
mickey_mouse said:
It is far more complex than that. Even before Harper formed the government and CIC migrated toward imposing higher hurdles and more probing scrutiny, CIC employed criteria (for imposing elevated scrutiny and RQ) which was in part aimed at identifying applicants who went abroad for extended periods while the application was pending.
There is no problem going abroad briefly. It is OK to go abroad for a holiday or otherwise for a brief period of time, so long as this does not interfere with getting to scheduled events on short notice. This is why foodie69 asked about how long abroad.
But make no mistake, to leave one's employment or place of residence, to be in effect living abroad (such as for a couple months or more) while the application is pending, has RISKS.
The catch-22 is that if the applicant fails to properly inform IRCC as to one's actual place of residence pending processing, that is misrepresentation and a stand alone ground for denying citizenship (or at the least causing significant problems in how the application is actually processed). But if the applicant properly informs IRCC he or she is abroad for an extended period of time pending processing, and particularly if one is living abroad pending processing, that will almost certainly trigger at the very least non-routine processing and related elevated scrutiny . . . which can complicate the application significantly more than it appears you appreciate.
Again, these observations are not offered to be argumentative. They are intended to alert you that a plan to go abroad for an extended period of time while the application is pending, until the test/interview is scheduled for example, is risky and risky enough to be, frankly, foolish. Sure, this is something you could navigate successfully. But the risks otherwise loom ominously. And based on what you have described, there are indeed reasonably alternative approaches, like going abroad for a few months before you apply. (It may seem incongruous or odd that a lengthy absence before applying is far less risky than one after applying, but the fact of returning to live in Canada in itself will tend to obviate much of the concern that tends to complicate processing if an applicant is abroad and appears to return just in time to take the test or oath.)
dpenabill, thanks for your always very informative and clear explanations. While I tend to agree with you, I do believe that there is more to your "intent" to reside than being present or not.
If your overall situation is one that lets the officers believe that you are firmly grounded in Canada, then I believe a trip abroad will not trigger any warning signs.
Such circumstances might be, that your spouse and your kids are Canadians by birth, that they are enrolled in local schools or universities, that you own property, that your wider family lives in Canada, that you have a job here...and your reason for going abroad.
In an ideal world, I do agree, it is better to stay here until all is done, but it does not automatically mean that if you are abroad and have to reschedule a test interview that the red flags go up.
Anyhow, I agree one takes a risk when undergoing trips abroad while the citizenship application is in process.
Stef.
If your overall situation is one that lets the officers believe that you are firmly grounded in Canada, then I believe a trip abroad will not trigger any warning signs.
Such circumstances might be, that your spouse and your kids are Canadians by birth, that they are enrolled in local schools or universities, that you own property, that your wider family lives in Canada, that you have a job here...and your reason for going abroad.
In an ideal world, I do agree, it is better to stay here until all is done, but it does not automatically mean that if you are abroad and have to reschedule a test interview that the red flags go up.
Anyhow, I agree one takes a risk when undergoing trips abroad while the citizenship application is in process.
Stef.
Can I leave Canada after I mail my citizenship application?
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=911&top=5
Yes. There is not a requirement to stay in Canada while we process your application. Please also note that if you applied on or after June 11, 2015, you must also declare your intent to reside in Canada in order to be eligible.
If you need to leave Canada there are several risks you should be aware of.
If you leave Canada, you must continue to meet your residency obligation to keep permanent resident (PR) status. You must be a permanent resident to become a citizen and not just when you apply. If you lose PR status before you take the Oath of Citizenship, you cannot become a citizen. Bring your PR card with you when you leave Canada so you can return easily. Make sure the card will not expire while you are outside Canada. (If your PR card expires, it does not mean you have lost PR status.)
We generally only mail letters, notices and other material to addresses in Canada, although in some cases, you will receive an e-mail from us. You must reply to these letters within a certain amount of time. If you do not reply within the timeframe and do not provide an acceptable reason for not being able to keep your appointment with us, we will close your application.
You must attend appointments and other events at our offices, like your citizenship test, interview and ceremony. These events only take place in Canada. If you cannot attend the appointment or event, you must write a letter of explanation to the local office that sent you the event notice. You may also send this letter using this Web form.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=911&top=5
Yes. There is not a requirement to stay in Canada while we process your application. Please also note that if you applied on or after June 11, 2015, you must also declare your intent to reside in Canada in order to be eligible.
If you need to leave Canada there are several risks you should be aware of.
If you leave Canada, you must continue to meet your residency obligation to keep permanent resident (PR) status. You must be a permanent resident to become a citizen and not just when you apply. If you lose PR status before you take the Oath of Citizenship, you cannot become a citizen. Bring your PR card with you when you leave Canada so you can return easily. Make sure the card will not expire while you are outside Canada. (If your PR card expires, it does not mean you have lost PR status.)
We generally only mail letters, notices and other material to addresses in Canada, although in some cases, you will receive an e-mail from us. You must reply to these letters within a certain amount of time. If you do not reply within the timeframe and do not provide an acceptable reason for not being able to keep your appointment with us, we will close your application.
You must attend appointments and other events at our offices, like your citizenship test, interview and ceremony. These events only take place in Canada. If you cannot attend the appointment or event, you must write a letter of explanation to the local office that sent you the event notice. You may also send this letter using this Web form.