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November 21, 2009, 10:30:54 pm
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Author Topic: Applying for Citizenship in Canada - permanent resident in US  (Read 641 times)
parpari
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Posts: 4


« on: September 30, 2009, 11:24:33 am »

Hi everyone:
I just found this forum and it seems very useful.
I have a case: I am a permanent resident in Canada for about 1 year and a half now and since I was living in Canada for a few years before applying for permanent residence, I will be able to apply for citizenship at around July 2010. Now, at the same time I applied for permanent residence in Canada, I applied for US permanent residence through the DV lottery program and in 2009 I was informed I won! now I hold both Canadian and US permanent residence. I should mention that I want to go to US for a couple of years to attend a school there right after I apply for citizenship. The question is: would this affect my application for citizenship for Canada? I've heard that might cause problem because, although I would fulfilled the required physical residence in July 2010, my residence in Canada would be in doubt since I have US Green Card. Is this true?
Please let me know if you know of a similar case or experience or you know how this legally works.
Thanks a lot,
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Leon
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Posts: 5977


« Reply #1 on: September 30, 2009, 11:42:12 am »

If you fulfill the citizenship residency requirements at the time you apply, you can apply.  There is no law that says you still have to live in Canada while your citizenship is processed.  There are even instructions on the citizenship part of the CIC website on how to change your address with CIC if you live outside Canada.  I don't know if a PR of the US would affect anything though.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
parpari
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Posts: 4


« Reply #2 on: September 30, 2009, 12:19:23 pm »

Hi Leon:
Thank you very much for your comment.
In case having a US PR Card affect the application for Canadian citizenship, do you know at what stage of the process such a decision would be made? I mean would it be after I appear in front of a judge and I could probably explain the situation for the judge, or would it be some where in some office, and then I would receive a rejected application with no rights to appeal?
Thanks,
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Leon
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Posts: 5977


« Reply #3 on: September 30, 2009, 01:13:24 pm »

If your application goes through, then you will most likely never see a citizenship judge, just take the test and do the oath.  If it were refused based on you having PR in the US, then I think they would give you the right to appeal.  You should call CIC and ask.  The only thing I know of is that your PR status of Canada can not be in question when you apply for citizenship.  If you have received PR of the US and moved there, somebody might say you are not intending to live in Canada anymore, however, the possible reasons they might take your Canadian PR away don't include getting a PR of another country.

According to the rules:

Quote
Permanent resident

46. (1) A person loses permanent resident status

(a) when they become a Canadian citizen;

(b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;

(c) when a removal order made against them comes into force; or

(d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination under subsection 114(3) to vacate a decision to allow their application for protection.

And section 28:

Quote
Residency obligation

28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.

Application

(2) The following provisions govern the residency obligation under subsection (1):

(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

(i) physically present in Canada,

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

(v) referred to in regulations providing for other means of compliance;

(b) it is sufficient for a permanent resident to demonstrate at examination

(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and

(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.

You can find those in the immigration and refugee protection act at http://laws.justice.gc.ca/en/I-2.5/index.html
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
Abhatue Osayi Susan
Newbie
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Posts: 1


« Reply #4 on: October 19, 2009, 10:54:34 am »

Dear Sir/Ma.,

I am in Nigeria and I want to become a citizen in canada, Please how do I apply.
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Leon
VIP Member
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Gender: Male
Posts: 5977


« Reply #5 on: October 19, 2009, 11:01:40 am »

Dear Sir/Ma.,

I am in Nigeria and I want to become a citizen in canada, Please how do I apply.

You need to find an immigration class you qualify for.  Start here: http://www.cic.gc.ca/english/immigrate/index.asp  You have to get permanent residency first and after living in Canada for 3 years as a permanent resident, you can apply for citizenship.
Logged

PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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