Will residence in another country jeopardize PR/citizenship application?

[Nigella]

Hello,

Could someone please help understand my situation?

I applied for citizenship in March 2012, a couple of months after accumulating 1095 days. In May 2012 I left Canada for Europe with my husband who is a Canadian citizen but also holds citizenship of a European country. I applied for, and received a residence permit in Europe as a family member of a EU citizen, as we were planning to live here for about a year and then return to Canada. My european residence permit is valid for 5 years. My husband has since returned to Canada for professional reasons, and I decided to stay in Europe to pursue a course of study. I did not change my resident status in Europe from family class to student because the process is too lengthy and complicated. I've now finished the course and will return to Canada.

Will I have problems when entering Canada because of my long absence (1 year 2 months) and because I've been a resident in another country? What will happen at the border?

Also, I just got my RQ and Question 5 reads "Since your arrival date in Canada, have you had permanent residence status in another country other than Canada? If yes, which ones?" Would answering 'yes' jeopardize my citizenship application and will I lose my Canadian PR status? I've read that an absence from Canada to study abroad is acceptable but I'm worried because I never officially changed my status to student and also because my EU resident card is still valid and will be valid for another 4 years. Do you have any recommendation or advice? How do I prove that my intention was to stay in Europe only temporarily and not make it my main place of residence? I will really appreciate a response as it will help me to fill out and send in my RQ.

Thank you very much!

 

[Leon]

They can not refuse you just based on having moved as long as you have 1095 days before your application that you can prove. Most important would be to prove that you had 1095 days or more in Canada at the time you applied.

Second, tell the truth about your residency in Europe. Say that your husband has dual citizenship (true), that he decided to go to Europe temporarily for work (true), that you were given residency in his country based on being his wife (true), that by the time he moved back to Canada, you had already enrolled in a course of study and decided to stay and complete it (true). Now that it is completed, you will be returning back as well. Show proof of your course, starting date and graduation. Show proof that your husband has returned to Canada, for example a job letter. If you have already moved back to Canada by the time you send this, show proof of your flight back. If you haven't yet but have bought the tickets, show that.

You will have no problem entering Canada because of your long absence. A PR can be outside Canada for up to 3 years at a time as long as they meet the residency requirements of 730 days in Canada for the past 5 years.

 

[Rigly68]

I was wondering almost the same thing about the question of "are you a citizen of another country" and "do you have permanent resident status in another country" on the application for citizenship.
Of course I am a citizen and have resident status of my country of birth and should list that country or is this question only to be answered if you have another citizenship in a country that is not your birth country.
I probably worry to much but I would appreciate if someone could clarify....Thanks!

 

[Leon]

I was wondering almost the same thing about the question of "are you a citizen of another country" and "do you have permanent resident status in another country" on the application for citizenship.
Of course I am a citizen and have resident status of my country of birth and should list that country or is this question only to be answered if you have another citizenship in a country that is not your birth country.
I probably worry to much but I would appreciate if someone could clarify....Thanks!

It's a straight forward question. Are you a citizen of another country? Yes, your birth country. Do you have permanent resident status in another country? No, because you are not a PR in your birth country, you have citizenship there.

 

[Rigly68]

Thank you Leon. I guess sometimes I think to0 complicated and I am overcautious.

 

[Mona_Barca]

Leon -

I have somehow a similar situation. I had a permanent residency in USA a month before I landed in Canada, and I didn't come back to live in Canada till two years later after I landed. Do you think I have to state on my application that I had acquired PR from US even though the question is related to after you arrive in Canada? When I applied to the FSW from US, I was on work visa!

A side question; I suppose to be sending my application for Citizenship next week, do you recommend sending lot of proofs (or ties) of being in Canada other than what is required with the application in trying to avoid RQ? I did have lot of travel between US & Canada within my my eligibility time frame, some of which have no stamps on my passport (by land entries)!

Thanks.

They can not refuse you just based on having moved as long as you have 1095 days before your application that you can prove. Most important would be to prove that you had 1095 days or more in Canada at the time you applied.

Second, tell the truth about your residency in Europe. Say that your husband has dual citizenship (true), that he decided to go to Europe temporarily for work (true), that you were given residency in his country based on being his wife (true), that by the time he moved back to Canada, you had already enrolled in a course of study and decided to stay and complete it (true). Now that it is completed, you will be returning back as well. Show proof of your course, starting date and graduation. Show proof that your husband has returned to Canada, for example a job letter. If you have already moved back to Canada by the time you send this, show proof of your flight back. If you haven't yet but have bought the tickets, show that.

You will have no problem entering Canada because of your long absence. A PR can be outside Canada for up to 3 years at a time as long as they meet the residency requirements of 730 days in Canada for the past 5 years.

 

[Leon]

I have somehow a similar situation. I had a permanent residency in USA a month before I landed in Canada, and I didn't come back to live in Canada till two years later after I landed. Do you think I have to state on my application that I had acquired PR from US even though the question is related to after you arrive in Canada? When I applied to the FSW from US, I was on work visa!

A side question; I suppose to be sending my application for Citizenship next week, do you recommend sending lot of proofs (or ties) of being in Canada other than what is required with the application in trying to avoid RQ? I did have lot of travel between US & Canada within my my eligibility time frame, some of which have no stamps on my passport (by land entries)!

Why do you assume that the question is related to after you arrived in Canada? It doesn't say that. It asks straight forward if you are a citizen or PR of another country. You are so you say yes.

I would recommend sending proof of living in Canada such as studying, working at a job. You could send your tax assessments and a bank letter from your employer(s) stating how long you have worked there.

You should also show a detailed list of all your trips. Do not leave any trip out because you do not know how much they know. If you leave something out and they see it, you are in for an RQ.

 

[Nigella]

They can not refuse you just based on having moved as long as you have 1095 days before your application that you can prove. Most important would be to prove that you had 1095 days or more in Canada at the time you applied.

Second, tell the truth about your residency in Europe. Say that your husband has dual citizenship (true), that he decided to go to Europe temporarily for work (true), that you were given residency in his country based on being his wife (true), that by the time he moved back to Canada, you had already enrolled in a course of study and decided to stay and complete it (true). Now that it is completed, you will be returning back as well. Show proof of your course, starting date and graduation. Show proof that your husband has returned to Canada, for example a job letter. If you have already moved back to Canada by the time you send this, show proof of your flight back. If you haven't yet but have bought the tickets, show that.

You will have no problem entering Canada because of your long absence. A PR can be outside Canada for up to 3 years at a time as long as they meet the residency requirements of 730 days in Canada for the past 5 years.

Thank you very much, Leon, for a detailed and straightforward response. Should I include this explanation when I send in my RQ or just be ready to provide it at the interview?

 

[Leon]

Thank you very much, Leon, for a detailed and straightforward response. Should I include this explanation when I send in my RQ or just be ready to provide it at the interview?

You can include it in the explanation.

 

[Mona_Barca]

Leon -

Thanks for taking the time to respond. The reason I asked because in the application guide is says the following:
"Question 6D Write if you obtained permanent residence in another country since becoming a permanent resident of Canada.

If yes, list the country (countries) and the date you obtained this status." I know it doesn't matter anyways, but I was trying to answer the question the way it is being phrased.

For the question related to when you first came to live in Canada, should I put the date that is 2 years after my landing?

Also, I have been employed for three different companies within the last three years, do you think submitting selected copies of my pay stubs along with the offer letters at the time will suffice as I don't have access to those employers anymore?

I really appreciate your help.

Why do you assume that the question is related to after you arrived in Canada? It doesn't say that. It asks straight forward if you are a citizen or PR of another country. You are so you say yes.

I would recommend sending proof of living in Canada such as studying, working at a job. You could send your tax assessments and a bank letter from your employer(s) stating how long you have worked there.

You should also show a detailed list of all your trips. Do not leave any trip out because you do not know how much they know. If you leave something out and they see it, you are in for an RQ.

 

[Leon]

Leon -

Thanks for taking the time to respond. The reason I asked because in the application guide is says the following:
"Question 6D Write if you obtained permanent residence in another country since becoming a permanent resident of Canada.

If yes, list the country (countries) and the date you obtained this status." I know it doesn't matter anyways, but I was trying to answer the question the way it is being phrased.

For the question related to when you first came to live in Canada, should I put the date that is 2 years after my landing?

Also, I have been employed for three different companies within the last three years, do you think submitting selected copies of my pay stubs along with the offer letters at the time will suffice as I don't have access to those employers anymore?

I really appreciate your help.

You are right, the instruction guide specifies after so you don't really have to but they'll see it from the date anyway.

You can use selected pay stubs, first and last maybe from the selected employers of if you have a reference letter, that would work too.

 

[Tayara]

Am confused
Leon please help,
If I landed in Canada in 2009 and went back to the country I had residence in to work for couple of years.
Then I came to Canada permanently.
In this case the answer to that question will be yes, I had a residency in another country since I kept that residency after I landed in Canada?
Please Clarify

 

[Leon]

Am confused
Leon please help,
If I landed in Canada in 2009 and went back to the country I had residence in to work for couple of years.
Then I came to Canada permanently.
In this case the answer to that question will be yes, I had a residency in another country since I kept that residency after I landed in Canada?
Please Clarify

As per the last couple of posts, they specify in the instruction guide that it applies to getting permanent residency in another country after having landed in Canada so you do not have to list it. However, if you decide to list it, they will see it by comparing the dates anyway when you got your PR in another country vs. when you got PR in Canada.

 

[Mona_Barca]

As per the last couple of posts, they specify in the instruction guide that it applies to getting permanent residency in another country after having landed in Canada so you do not have to list it. However, if you decide to list it, they will see it by comparing the dates anyway when you got your PR in another country vs. when you got PR in Canada.

Leon -

So, if someone acquired a residency in another country after becoming a PR, does this constitute an issue from CIC's point of view. I have my spouse who will be getting a Green Card from US six months before applying to Citizenship, do you recommend waiting (if possible)?

 

[Leon]

Leon -

So, if someone acquired a residency in another country after becoming a PR, does this constitute an issue from CIC's point of view. I have my spouse who will be getting a Green Card from US six months before applying to Citizenship, do you recommend waiting (if possible)?

It could be an issue, yes. Getting PR in another country after getting PR in Canada could mean that you are planning on leaving Canada and making your home somewhere else. It still wouldn't stop you from getting citizenship but it could mean that immigration gets suspicious that you are lying about your days spent in Canada and gives your an RQ which would delay your application. It could also become an issue if you fail the test and need to go to an interview with a judge.