With the new government in power and more lenient attitude towards intent to reside where they have said they will invalidate it for all people who applied before C6 comes into force, is it worth the risk to apply from abroad and just ignore intent to reside?
Would you disregard intent to reside?
- Thread starter anon123
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"Would you disregard intent to reside?"
Last I looked, the current application requires the applicant to declare an intent to continue residing in Canada (subject to narrow exceptions or alternatives, like an intent to take employment abroad with the Canadian Armed Forces). See Item 10 in the current application.
This is a version of the application as modified by the current government, implemented in April this year.
And as I have otherwise noted, IRCC is mandated to apply and enforce the current law, which includes that qualified applicants for grant citizenship have the intent to continue residing in Canada.
What is the practical impact of this requirement . . . particularly if it is to be repealed anyway?
Many observations and comments in this forum fail to distinguish between what constitutes a disqualification, altogether precluding a grant of citizenship, versus what is likely to lead to problems in the processing of the application.
Stated conversely: many observations are confused about the significance of meeting this or that requirement in the technical sense without acknowledging or recognizing practical consequences which may, potentially, be severely problematic.
Going back to the distinction between applying from abroad versus going abroad after applying, for example, my sense is that IRCC is required to reject the application of an applicant who does not meet the current intent requirement. And the application itself states that the absence of an intent to continue to reside in Canada does not meet the requirements for a grant of citizenship. An applicant not currently residing in Canada cannot, logically, have an intent to continue to reside in Canada.
But what about the applicant who is in Canada at the time of applying, who checks "yes" for item 10, but who then goes abroad? This is where the practical impact may loom large over what technically meets the requirements as of the date the application is signed and submitted.
I cannot say I have any information or insight into just how IRCC might approach such a situation. I can say, however, it would be no surprise if such applicants were diverted into a processing track involving additional inquiries and elevated skepticism. Indeed, it would be a surprise if IRCC did not, at the least, make additional inquiries and exercise some degree of elevated scrutiny for any applicant perceived to be living abroad while the application is pending.
Moreover:
Once subsection 5(1)(c.1) of the Citizenship Act (the so-called intent requirement) is repealed, that makes the applicant's intent irrelevant.
But, for the applicant who has already moved abroad, who has, thus, made a misrepresentation of intent, thus of fact, the misrepresentation has been made. Removing the requirement itself, as prescribed by subsection 5(1)(c.1) of the Citizenship Act, and rendering it as if it never applied, does not necessarily obviate any misrepresentation made while the requirement still applied. It was relevant and material at the time. Misrepresentation alone constitutes a reason for denying citizenship.
Beyond that, there is the overriding matter of credibility. Moving abroad, let alone already being abroad at the time of appplying, would be inconsistent with a declared intention (item 10 in the application) to continue residing in Canada. At the least, there could be serious damage to the applicant's credibility. And that could really hurt.
Personally I do not need to consider whether, as the topic of this title poses the question, I would disregard the intent to reside requirement (I am already a citizen). But I can honestly say, if I was applying for citizenship now, I would not. I would consider that to be not merely imprudent but outright foolish.
To be clear: applying from abroad is not the same thing as going abroad to live or work soon after applying.anon123 said:
Last I looked, the current application requires the applicant to declare an intent to continue residing in Canada (subject to narrow exceptions or alternatives, like an intent to take employment abroad with the Canadian Armed Forces). See Item 10 in the current application.
This is a version of the application as modified by the current government, implemented in April this year.
And as I have otherwise noted, IRCC is mandated to apply and enforce the current law, which includes that qualified applicants for grant citizenship have the intent to continue residing in Canada.
What is the practical impact of this requirement . . . particularly if it is to be repealed anyway?
Many observations and comments in this forum fail to distinguish between what constitutes a disqualification, altogether precluding a grant of citizenship, versus what is likely to lead to problems in the processing of the application.
Stated conversely: many observations are confused about the significance of meeting this or that requirement in the technical sense without acknowledging or recognizing practical consequences which may, potentially, be severely problematic.
Going back to the distinction between applying from abroad versus going abroad after applying, for example, my sense is that IRCC is required to reject the application of an applicant who does not meet the current intent requirement. And the application itself states that the absence of an intent to continue to reside in Canada does not meet the requirements for a grant of citizenship. An applicant not currently residing in Canada cannot, logically, have an intent to continue to reside in Canada.
But what about the applicant who is in Canada at the time of applying, who checks "yes" for item 10, but who then goes abroad? This is where the practical impact may loom large over what technically meets the requirements as of the date the application is signed and submitted.
I cannot say I have any information or insight into just how IRCC might approach such a situation. I can say, however, it would be no surprise if such applicants were diverted into a processing track involving additional inquiries and elevated skepticism. Indeed, it would be a surprise if IRCC did not, at the least, make additional inquiries and exercise some degree of elevated scrutiny for any applicant perceived to be living abroad while the application is pending.
Moreover:
Once subsection 5(1)(c.1) of the Citizenship Act (the so-called intent requirement) is repealed, that makes the applicant's intent irrelevant.
But, for the applicant who has already moved abroad, who has, thus, made a misrepresentation of intent, thus of fact, the misrepresentation has been made. Removing the requirement itself, as prescribed by subsection 5(1)(c.1) of the Citizenship Act, and rendering it as if it never applied, does not necessarily obviate any misrepresentation made while the requirement still applied. It was relevant and material at the time. Misrepresentation alone constitutes a reason for denying citizenship.
Beyond that, there is the overriding matter of credibility. Moving abroad, let alone already being abroad at the time of appplying, would be inconsistent with a declared intention (item 10 in the application) to continue residing in Canada. At the least, there could be serious damage to the applicant's credibility. And that could really hurt.
Personally I do not need to consider whether, as the topic of this title poses the question, I would disregard the intent to reside requirement (I am already a citizen). But I can honestly say, if I was applying for citizenship now, I would not. I would consider that to be not merely imprudent but outright foolish.
The Liberals have also said that they will eventually legalize marijuana, but would you light up a joint in front of a police officer today? No, because it is still against the law. The Intent to Reside is a law of Canada that you are obligated to follow up until the point that it is officially repealed or amended.anon123 said:
Let's say, hypothetically, that you receive your citizenship and then 2-3 months later you move abroad to work or live. Is there any risk at that point of investigation into your intent to reside or is that not even feasible from IRCC's perspective because it would mean policing people in an arbitrary "probation period"?
For example, if I were to receive my citizenship and then two months later apply to sponsor my spouse to live with me in my home country, would I likely run into any trouble at that point?
For example, if I were to receive my citizenship and then two months later apply to sponsor my spouse to live with me in my home country, would I likely run into any trouble at that point?
screech339
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NO! No trouble as "intend to reside" does not apply to Canadians. There is NO "probation period"! You can leave Canada permanently the moment you received your oath and Canadian certificate. Nothing is stopping you.canadavisa22 said:
I didn't think it was feasible to monitor people's "intention to reside" AFTER they received their citizenship but just wanted to make sure. Thanks for the reply!screech339 said:
screech339
VIP Member
- Apr 2, 2013
- 552
- Category........
- Visa Office......
- Vegreville
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 14-08-2012
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- 20-11-2012
- Med's Done....
- 18-07-2012
- Interview........
- 17-06-2013
- LANDED..........
- 17-06-2013
It is not so much as monitoring people's "intention to reside" after they got citizenship. They can monitor that all they want. The issue is that "intend to reside" only applies to PR. Canadians are no longer PR. Thus "intend to reside" does not apply to Canadians regardless. If CIC were to monitor and find out naturalized Canadians were leaving after citizenship, there is nothing CIC can do about it. CIC cannot use "violating intend to reside" clause to Canadians as it only applies to PR. If CIC were to have physical evidences that PR were intending to leave Canada after citizenship, that's a difference scenario. (ie: PR applied for US Green Card while awaiting citizenship.) That action can been seen as violating "intend to reside" as PR. They could, in theory, lose citizenship on that violation / misrepresentation.canadavisa22 said:
In this hypothetical I would be sponsoring my spouse for their US Green Card, but I think the point still stands that you shouldn't do anything while the case is in process.screech339 said: