Working outside Canada when waiting on Citizenship

[fortmacresident]

Hi all, I have recently sent off for citizenship and my employer has asked me would i transfer to the USA for work for a year or 2.

Will this affect my application? Is it possible to have a meeting with CIC and present my case that I will be working for a Canadian company but based in USA.

Any advice is appreciated.....

Thanks

 

[keesio]

It shouldn't. But several people have reported that you may get an RQ in the interview when they find out. Now this was before they streamlined the RQ process and I don't know if this is still an issue. hopefully others more experienced can comment.

 

[screech339]

Hi all, I have recently sent off for citizenship and my employer has asked me would i transfer to the USA for work for a year or 2.

Will this affect my application? Is it possible to have a meeting with CIC and present my case that I will be working for a Canadian company but based in USA.

Any advice is appreciated.....

Thanks

It shouldn't affect your citizenship application however be prepared to get RQ as CIC will be looking at your passport and will see that you are physically in US working. Working for a Canadian company or not doesn't matter. It is the physical present in Canada requirements that will likely to trigger RQs.

One thing I am curious about. With part of the new citizenship law in effect, does the "intend to reside in Canada" clause also go into effect. The purpose of the wording is to enforce applicants to reside in Canada during the Canada citizenship application process, much like what the applicants of inland PR spousal sponsorship must reside in Canada during the process. So will you working in US after submitting the application violate this "clause", that I can't say.

Screech339

 

[applicant314]

I was told that leaving Canada during the process is not an issue. However, be sure to be available to travel back for oath/test or notify CIC, so that they don't schedule you during the time you are not available to come back.

 

[coolifrs]

Hi all, I have recently sent off for citizenship and my employer has asked me would i transfer to the USA for work for a year or 2.

Will this affect my application? Is it possible to have a meeting with CIC and present my case that I will be working for a Canadian company but based in USA.

Any advice is appreciated.....

Thanks

You should ask if they can wait 6-7 months. It's not ideal. Processing times are faster and you shouldnt jeapardize it.

Explain to your employer the requirement to stay in Canada.

If absolutely not... then ask to remain on Canadian payroll and allow flight expenses to fly back home every now and again so that you maintain ties to Canada. Ensure it is documented by your employer in a letter that it is temporary (few months only), etc. Stay in a hotel or short term apartment instead of moving everything down.

 

[screech339]

One thing you have to keep in mind also is that when you are outside of Canada for longer than 6 months, you are deemed a non-resident of Canada. This would definitely trigger an RQ on your part as the purpose of obtaining Canadian citizenship is making Canada their home. CIC frowns on people who takes off out of Canada after getting Canadian citizenship (become Canadian of convenient) and return when it suits them (such as needing medical attention).

I came across a person on this forum that has every intention of returning to Florida once his spouse gotten PR and Canadian citizenship. He lived in Florida all his life and only Canadian by descent. He only moved to Canada with the only purpose of his wife getting Canadian citizenship. Once his spouse gets Canadian citizenship, they intend to move back to Florida permanently. I am thinking he wants his wife to not worry about any medical expenses when needed. Just move back to Canada for any serious medical needs without having to fork over their house to pay for it.

Screech339

 

[SenoritaBella]

Good question. This case might shed some light. http://visalawcanada.blogspot.ca/2014/10/departure-from-canada-after-citizenship.html

My understanding is the only clauses in effect are those listed on CIC's website.

The other risk for the OP being outside Canada for 2 yrs is, the possibility of processing of his/her citizenship application taking a very long time, such that he/she may not meet residency obligations at some point. If this happens and he/she is reported for the breach of residency obligations, that means first of all appealing the decision(having a job in the US won't carry much weight) and the citizenship application can't proceed at that point. There is a gentleman in the "permanent resident" section of the forum facing this situation.

It shouldn't affect your citizenship application however be prepared to get RQ as CIC will be looking at your passport and will see that you are physically in US working. Working for a Canadian company or not doesn't matter. It is the physical present in Canada requirements that will likely to trigger RQs.

One thing I am curious about. With part of the new citizenship law in effect, does the "intend to reside in Canada" clause also go into effect. The purpose of the wording is to enforce applicants to reside in Canada during the Canada citizenship application process, much like what the applicants of inland PR spousal sponsorship must reside in Canada during the process. So will you working in US after submitting the application violate this "clause", that I can't say.

Screech339

 

[SenoritaBella]

One way provincial gov'ts(since they manage healthcare) can close that loophole is to place a 3 - 6 month(6 months would be ideal) wait period for any non-residents(PRs/citizens included) before they can access healthcare benefits. This will ensure they actually have to get some type of insurance during their visits. Also, if they leave immediately after getthing health coverage and aren't back in a certain period, charge back the fees.

At the rate we are going, we can't sustain the current model for much longer without changes. We need more of a taxpaying base and providing health coverage to citizens/permanent residents of convenience is not helping.

One thing you have to keep in mind also is that when you are outside of Canada for longer than 6 months, you are deemed a non-resident of Canada. This would definitely trigger an RQ on your part as the purpose of obtaining Canadian citizenship is making Canada their home. CIC frowns on people who takes off out of Canada after getting Canadian citizenship (become Canadian of convenient) and return when it suits them (such as needing medical attention).

I came across a person on this forum that has every intention of returning to Florida once his spouse gotten PR and Canadian citizenship. He lived in Florida all his life and only Canadian by descent. He only moved to Canada with the only purpose of his wife getting Canadian citizenship. Once his spouse gets Canadian citizenship, they intend to move back to Florida permanently. I am thinking he wants his wife to not worry about any medical expenses when needed. Just move back to Canada for any serious medical needs without having to fork over their house to pay for it.

Screech339

 

[Zumba369]

Hi all, I have recently sent off for citizenship and my employer has asked me would i transfer to the USA for work for a year or 2.

Will this affect my application? Is it possible to have a meeting with CIC and present my case that I will be working for a Canadian company but based in USA.

Any advice is appreciated.....

Thanks

I think it will affect, you should inform CIC if you will leave Canada for more than 2 weeks, they will put your application on hold and will not schedule the test until your return.

Regards,

 

[links18]

There is much misinformation in this thread. There is no legal requirement to reside in Canada while your application is in process until that particular provision of Bill C24 comes into force (if it ever does) requiring you to sign an intent to reside in Canada affidavit for the period while your application is processing. This is not currently in effect and even if it were it wouldn't apply to people who applied before it came into effect.

However, leaving Canada after applying raises some serious practical and logistical issues. As has been pointed out, some CIC staff disregard or are just plain ignorant of the law and will give your application extra special attention if they become aware you aren't living in Canada. Moreover, how are you going to be informed of your test and/or oath date? CIC has an increasingly bad habit of sending out letters giving you less than a week of notice? What address will you ask CIC to forward these notices to? Keep in mind, proving a "suspicious" address after applying has been grounds for an RQ in the past. But the biggest issue is the possible loss of PR status before they are done processing your application. With non-routine applications taking three years or longer, you better be sure you can maintain PR status or come back in time.

They are really asking for trouble with this "intent to reside" clause, however. What about situations when an applicant's spouse is a Canadian citizen and they need to accompany their spouse abroad? Do the geniuses in Ottawa expect these applicants to live separate from their spouses just to keep up the illusion of intending to reside in Canada? Its really stupid. Its just political posturing with no policy value at all.

 

[IRCANADA]

One thing you have to keep in mind also is that when you are outside of Canada for longer than 6 months, you are deemed a non-resident of Canada. This would definitely trigger an RQ on your part as the purpose of obtaining Canadian citizenship is making Canada their home. CIC frowns on people who takes off out of Canada after getting Canadian citizenship (become Canadian of convenient) and return when it suits them (such as needing medical attention).

I came across a person on this forum that has every intention of returning to Florida once his spouse gotten PR and Canadian citizenship. He lived in Florida all his life and only Canadian by descent. He only moved to Canada with the only purpose of his wife getting Canadian citizenship. Once his spouse gets Canadian citizenship, they intend to move back to Florida permanently. I am thinking he wants his wife to not worry about any medical expenses when needed. Just move back to Canada for any serious medical needs without having to fork over their house to pay for it.

Screech339

These kind of applicants mess things up for a regular applicant who has an intention to stay in Canada and serve the land which gave them the freedom and million other benefits. They should never ever issue them even a PR.

 

[blueshirt]

Is there any rule for citizen for intend to reside or just PR. What restrictions do citizen have in terms of foreign travel and work. Do they pay tax on world income. how can we explain if a person is born in a certain country and got citizenship by birth or got citizenship by immigration he cannot leave the country and work else where. I don't undertstand why intend to reside and Canada tie is applicable for PR renewal or for citizenship application ONLY what changes happen after acquiring citizenship those people leaving Canada are not questioned and only PR and citizenship processing guys are questioned. its so confusing this intend to reside rule

These kind of applicants mess things up for a regular applicant who has an intention to stay in Canada and serve the land which gave them the freedom and million other benefits. They should never ever issue them even a PR.

 

[screech339]

There is much misinformation in this thread. There is no legal requirement to reside in Canada while your application is in process until that particular provision of Bill C24 comes into force (if it ever does) requiring you to sign an intent to reside in Canada affidavit for the period while your application is processing. This is not currently in effect and even if it were it wouldn't apply to people who applied before it came into effect.

However, leaving Canada after applying raises some serious practical and logistical issues. As has been pointed out, some CIC staff disregard or are just plain ignorant of the law and will give your application extra special attention if they become aware you aren't living in Canada. Moreover, how are you going to be informed of your test and/or oath date? CIC has an increasingly bad habit of sending out letters giving you less than a week of notice? What address will you ask CIC to forward these notices to? Keep in mind, proving a "suspicious" address after applying has been grounds for an RQ in the past. But the biggest issue is the possible loss of PR status before they are done processing your application. With non-routine applications taking three years or longer, you better be sure you can maintain PR status or come back in time.

They are really asking for trouble with this "intent to reside" clause, however. What about situations when an applicant's spouse is a Canadian citizen and they need to accompany their spouse abroad? Do the geniuses in Ottawa expect these applicants to live separate from their spouses just to keep up the illusion of intending to reside in Canada? Its really stupid. Its just political posturing with no policy value at all.

The "intend to reside in Canada" clause has been clarified. It is meant for those applying for Canadian citizenship. They want applicants to stay in Canada during the process much like the inland PR applicants go through.

So what if CIC gave a week's notice to write test or show up for oath. It is not an issue if you are in Canada. What were you doing outside Canada for weeks at a time during the citizenship process. After all, you wanted Canada to be your country didn't you? Doesn't it make you a hypocrite to apply for citizenship only to take off after submitting it for 3 years while waiting for citizenship? That action tell CIC that you only want to be Canadian out of convenient while maximizing your time outside Canada?

Screech339

 

[keesio]

There is much misinformation in this thread. There is no legal requirement to reside in Canada while your application is in process until that particular provision of Bill C24 comes into force (if it ever does) requiring you to sign an intent to reside in Canada affidavit for the period while your application is processing. This is not currently in effect and even if it were it wouldn't apply to people who applied before it came into effect.

What is in effect now? One person on this forum said he called CIC and they said some provisions were in effect already:
http://www.canadavisa.com/canada-immigration-discussion-board/effective-date-of-bill-c24-t234238.0.html;msg3696527#msg3696527

 

[blueshirt]

screech339
can I ask why intend to reside is only for PR and citizenship processing candidates. why citizens are not equally accountable for leaving Canada. I don't understand the fine line between the both. its like you are challenged during the citizenship process for intend to reside but as soon as you get citizenship you are free bird, get a protective shield from intend to reside, left unquestioned to live and work anywhere.

The "intend to reside in Canada" clause has been clarified. It is meant for those applying for Canadian citizenship. They want applicants to stay in Canada during the process much like the inland PR applicants go through.

So what if CIC gave a week's notice to write test or show up for oath. It is not an issue if you are in Canada. What were you doing outside Canada for weeks at a time during the citizenship process. After all, you wanted Canada to be your country didn't you? Doesn't it make you a hypocrite to apply for citizenship only to take off after submitting it for 3 years while waiting for citizenship? That action tell CIC that you only want to be Canadian out of convenient while maximizing your time outside Canada?

Screech339