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Refugee status cessation and PRs applying for citizenship

dpenabill

VIP Member
Apr 2, 2010
6,294
3,059
I am a protected person who has PR and wanna apply for citizenship. Do I need to get police certificate from my home country?!!
Read the instructions for the application and in the guide. Follow those instructions.

See the guide instructions for address history for Question 10 in particular. The guide is here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0002-application-canadian-citizenship-under-subsection-5-1-adults-18-years-older.html

Generally, if you check the [NO] box for question 10.b) in the application, affirming that you have NOT been in a country for 183 days in a row within the previous four years, no police certificate is necessary.

In contrast, if you check the [YES] box for question 10.b) in the application, because you have been in another country for 183 days in a row within the previous four years, a police certificate will be required with the application in order to make a complete application. However, there are some exceptions. Again, see the application, question 10.b) in particular, and the guide. Neither says there is any exception for a protected person's home country.

As a practical matter a person with protected person or refugee status should not have returned to the home country at all since coming to Canada and obtaining protected person status. Which should mean they do not meet the criteria requiring a police certificate. If you have been in your home country for more than six months during the previous four years, and since coming to Canada, do NOT apply for citizenship without a personal, paid-for consultation with a good immigration lawyer with experience handling protected person cases.

In fact, if you have returned to your home country at all since obtaining protected person status, best to consult with a lawyer before applying for citizenship. Cessation of protected person status is a very serious matter, and just going to the home country can be sufficient grounds.

PCCs are not required from the countries from which the applicant sought protection.
There is no exception covering this in the application or guide for applying for citizenship.

This may be true as a practical matter, perhaps is probably true as a practical matter, for MOST, but not because of the prospective applicant's status as a protected person. If it true for a particular individual, that is most likely because the individual can truthfully check [NO] in response to question 10.b) in the application OR they otherwise qualify for one of the exceptions (such as they have not returned to the home country since coming to Canada and going through the background screening attendant their application for protected status).

In particular, if after arriving in Canada and within the previous four years, the protected person has returned to their home country and spent six months or more in a row there, they must check [YES] in response to question 10.b) and that means they need to provide a police certificate unless they can explain why they cannot or why one of the particular exceptions applies.

So it means I don’t need any police certificate in my citizenship application?
Again, read and follow the instructions. If you have been in your home country long enough that the truthful answer to question 10.b) in the application is [YES], at least WAIT long enough that the truthful answer is [NO] or consult with a good lawyer before applying.

Otherwise, if you have been in any other country long enough that the truthful answer to question 10.b) in the application is [YES], you probably need to provide a police certificate . . . again, UNLESS one of the particular exceptions apply. See application and guide for the exceptions.
 

forw.jane

VIP Member
Apr 29, 2019
5,766
2,398
Read the instructions for the application and in the guide. Follow those instructions.

See the guide instructions for address history for Question 10 in particular. The guide is here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0002-application-canadian-citizenship-under-subsection-5-1-adults-18-years-older.html

Generally, if you check the [NO] box for question 10.b) in the application, affirming that you have NOT been in a country for 183 days in a row within the previous four years, no police certificate is necessary.

In contrast, if you check the [YES] box for question 10.b) in the application, because you have been in another country for 183 days in a row within the previous four years, a police certificate will be required with the application in order to make a complete application. However, there are some exceptions. Again, see the application, question 10.b) in particular, and the guide. Neither says there is any exception for a protected person's home country.

As a practical matter a person with protected person or refugee status should not have returned to the home country at all since coming to Canada and obtaining protected person status. Which should mean they do not meet the criteria requiring a police certificate. If you have been in your home country for more than six months during the previous four years, and since coming to Canada, do NOT apply for citizenship without a personal, paid-for consultation with a good immigration lawyer with experience handling protected person cases.

In fact, if you have returned to your home country at all since obtaining protected person status, best to consult with a lawyer before applying for citizenship. Cessation of protected person status is a very serious matter, and just going to the home country can be sufficient grounds.



There is no exception covering this in the application or guide for applying for citizenship.

This may be true as a practical matter, perhaps is probably true as a practical matter, for MOST, but not because of the prospective applicant's status as a protected person. If it true for a particular individual, that is most likely because the individual can truthfully check [NO] in response to question 10.b) in the application OR they otherwise qualify for one of the exceptions (such as they have not returned to the home country since coming to Canada and going through the background screening attendant their application for protected status).

In particular, if after arriving in Canada and within the previous four years, the protected person has returned to their home country and spent six months or more in a row there, they must check [YES] in response to question 10.b) and that means they need to provide a police certificate unless they can explain why they cannot or why one of the particular exceptions applies.



Again, read and follow the instructions. If you have been in your home country long enough that the truthful answer to question 10.b) in the application is [YES], at least WAIT long enough that the truthful answer is [NO] or consult with a good lawyer before applying.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/protected-persons/stage-2-admissibility.html#criminal

It's mentioned in above link -
Note: Police certificates are not to be requested from the countries from which the applicant sought protection. Doing so risks signalling to the country of alleged persecution that the protected person is in Canada (contrary to our Refugee Convention obligations) and may expose family and friends in that country to risk

Shouldn't the same risk continue for citizenship too as the risk remains the same?
 

dpenabill

VIP Member
Apr 2, 2010
6,294
3,059
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/protected-persons/stage-2-admissibility.html#criminal

It's mentioned in above link -
Note: Police certificates are not to be requested from the countries from which the applicant sought protection. Doing so risks signalling to the country of alleged persecution that the protected person is in Canada (contrary to our Refugee Convention obligations) and may expose family and friends in that country to risk

Shouldn't the same risk continue for citizenship too as the risk remains the same?
Not sure if your "should" question here is about what makes sense, or about what the rules are and how they apply. These are often not the same.

Sure, in the abstract that's probably what makes sense.

But is that the rule? There is nothing in the citizenship application information that indicates any such exception for PR-refugees or protected persons applying for citizenship. That is, on its face the application does more than request, it requires ALL applicants (no distinction for protected persons) to provide a police certificate from any country where they spent six months or more in a row within the preceding four years (subject to the particular exceptions described in the application and guide).

Thing is, a person with protected person status should not be spending any time in their home country after coming to Canada, let alone spending six months or more in row within the previous four years.

Thus, as I covered in my post, generally a protected person will be checking [NO] in response to question 10.b) in the application. If not, that is if they have spent six months in their home country since coming to Canada, and during the previous four years, they must check [YES] . . . and follow the instructions. An individual in this scenario could check [NO] in the chart for identifying the country, in the dropdown for the "I will provide a Police Certificate" column, and perhaps just state, as an explanation, that the country is the one from which they obtained protected status. That might suffice . . . for the application to pass completeness screening, at the risk (a rather big, looming risk) of triggering cessation proceedings.

But make no mistake, they need to answer the 10.b) question truthfully without regard to whether they believe they need to submit a police certificate or not; and they must likewise disclose travel to the home country in the presence calculation, and if there for six months they will need to report the address where they were in the address history, which is question 10.a)

Perhaps there is an underlying assumption that protected persons will NOT meet the criteria for including a police certificate from their home country (or other country from which they obtain protection), because that constitutes reavailment of home country protection, which is grounds for cessation of their status in Canada, which will make them not just ineligible for citizenship but inadmissible.
 

forw.jane

VIP Member
Apr 29, 2019
5,766
2,398
Not sure if your "should" question here is about what makes sense, or about what the rules are and how they apply. These are often not the same.

Sure, in the abstract that's probably what makes sense.

But is that the rule? There is nothing in the citizenship application information that indicates any such exception for PR-refugees or protected persons applying for citizenship. That is, on its face the application does more than request, it requires ALL applicants (no distinction for protected persons) to provide a police certificate from any country where they spent six months or more in a row within the preceding four years (subject to the particular exceptions described in the application and guide).

Thing is, a person with protected person status should not be spending any time in their home country after coming to Canada, let alone spending six months or more in row within the previous four years.

Thus, as I covered in my post, generally a protected person will be checking [NO] in response to question 10.b) in the application. If not, that is if they have spent six months in their home country since coming to Canada, and during the previous four years, they must check [YES] . . . and follow the instructions. An individual in this scenario could check [NO] in the chart for identifying the country, in the dropdown for the "I will provide a Police Certificate" column, and perhaps just state, as an explanation, that the country is the one from which they obtained protected status. That might suffice . . . for the application to pass completeness screening, at the risk (a rather big, looming risk) of triggering cessation proceedings.

But make no mistake, they need to answer the 10.b) question truthfully without regard to whether they believe they need to submit a police certificate or not; and they must likewise disclose travel to the home country in the presence calculation, and if there for six months they will need to report the address where they were in the address history, which is question 10.a)

Perhaps there is an underlying assumption that protected persons will NOT meet the criteria for including a police certificate from their home country (or other country from which they obtain protection), because that constitutes reavailment of home country protection, which is grounds for cessation of their status in Canada, which will make them not just ineligible for citizenship but inadmissible.
@NaAzaAn - Please read the above elaborate response. It would help you.

Thanks @dpenabill
 
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NaAzaAn

Hero Member
May 26, 2021
280
62
Not sure if your "should" question here is about what makes sense, or about what the rules are and how they apply. These are often not the same.

Sure, in the abstract that's probably what makes sense.

But is that the rule? There is nothing in the citizenship application information that indicates any such exception for PR-refugees or protected persons applying for citizenship. That is, on its face the application does more than request, it requires ALL applicants (no distinction for protected persons) to provide a police certificate from any country where they spent six months or more in a row within the preceding four years (subject to the particular exceptions described in the application and guide).

Thing is, a person with protected person status should not be spending any time in their home country after coming to Canada, let alone spending six months or more in row within the previous four years.

Thus, as I covered in my post, generally a protected person will be checking [NO] in response to question 10.b) in the application. If not, that is if they have spent six months in their home country since coming to Canada, and during the previous four years, they must check [YES] . . . and follow the instructions. An individual in this scenario could check [NO] in the chart for identifying the country, in the dropdown for the "I will provide a Police Certificate" column, and perhaps just state, as an explanation, that the country is the one from which they obtained protected status. That might suffice . . . for the application to pass completeness screening, at the risk (a rather big, looming risk) of triggering cessation proceedings.

But make no mistake, they need to answer the 10.b) question truthfully without regard to whether they believe they need to submit a police certificate or not; and they must likewise disclose travel to the home country in the presence calculation, and if there for six months they will need to report the address where they were in the address history, which is question 10.a)

Perhaps there is an underlying assumption that protected persons will NOT meet the criteria for including a police certificate from their home country (or other country from which they obtain protection), because that constitutes reavailment of home country protection, which is grounds for cessation of their status in Canada, which will make them not just ineligible for citizenship but inadmissible.
Thank you for your information.
I have been in Canada for more than four years and never been outside country even for one day.
I can’t back to my home country at all.
 

Harry9909

Newbie
Mar 7, 2024
7
0
Hi all. I have a few questions i want to ask. Any help will be extremely appreciated
1- i got my refugee status and got PR 3 years ago. I had no idea travelling on home country passport is not advised so i renewed my passport and travelled to dubai for business. I travelled 3 times to dubai since then. And just a few days to my home country as well. I had no idea if it’s advisable or not. Nobody told me that. Upon returning to canada 3rd time CBSA officer told me he will send cessation for me. But he didnt look confident as his fellow officers were whispering that its a long process and we may not get approved by the court. Anyway he told me he’ll still call for cessation and its immigration office which will contact me or not its upon them and he let me go. I apologize again that i didnt know its not advisable. Its been 3 days i haven’t received any email or letter from them. So am i good or not?
2- I applied for citizenship and my test and background check is marked as complete. Will this whole thing affect my citizenship??
3- i have sponsored my wife also. Will it affect her sponsorship or not??
4- i want to get RTD now but that form asks if you have any other country passport, so what should i answer them and how can i explain my situation as i have a grown business in dubai and dubai doesnt allow RTD to enter. They will only allow me to enter on my home country passport.
Thanks in advance.
 

Harry9909

Newbie
Mar 7, 2024
7
0
Hi all. I have a few questions i want to ask. Any help will be extremely appreciated
1- i got my refugee status and got PR 3 years ago. I had no idea travelling on home country passport is not advised so i renewed my passport and travelled to dubai for business. I travelled 3 times to dubai since then. And just a few days to my home country as well. I had no idea if it’s advisable or not. Nobody told me that. Upon returning to canada 3rd time CBSA officer told me he will send cessation for me. But he didnt look confident as his fellow officers were whispering that its a long process and we may not get approved by the court. Anyway he told me he’ll still call for cessation and its immigration office which will contact me or not its upon them and he let me go. I apologize again that i didnt know its not advisable. Its been 3 days i haven’t received any email or letter from them. So am i good or not?
2- I applied for citizenship and my test and background check is marked as complete. Will this whole thing affect my citizenship??
3- i have sponsored my wife also. Will it affect her sponsorship or not??
4- i want to get RTD now but that form asks if you have any other country passport, so what should i answer them and how can i explain my situation as i have a grown business in dubai and dubai doesnt allow RTD to enter. They will only allow me to enter on my home country passport.
Thanks in advance.
 

Harry9909

Newbie
Mar 7, 2024
7
0
hi dpenabill.

Hi all. I have a few questions i want to ask. Any help will be extremely appreciated
1- i got my refugee status and got PR 3 years ago. I had no idea travelling on home country passport is not advised so i renewed my passport and travelled to dubai for business. I travelled 3 times to dubai since then. And just a few days to my home country as well. I had no idea if it’s advisable or not. Nobody told me that. Upon returning to canada 3rd time CBSA officer told me he will send cessation for me. But he didnt look confident as his fellow officers were whispering that its a long process and we may not get approved by the court. Anyway he told me he’ll still call for cessation and its immigration office which will contact me or not its upon them and he let me go. I apologize again that i didnt know its not advisable. Its been 3 days i haven’t received any email or letter from them. So am i good or not?
2- I applied for citizenship and my test and background check is marked as complete. Will this whole thing affect my citizenship??
3- i have sponsored my wife also. Will it affect her sponsorship or not??
4- i want to get RTD now but that form asks if you have any other country passport, so what should i answer them and how can i explain my situation as i have a grown business in dubai and dubai doesnt allow RTD to enter. They will only allow me to enter on my home country passport.
Thanks in advance.
 

Illusionist4008

Star Member
Oct 28, 2021
140
89
hi dpenabill.

Hi all. I have a few questions i want to ask. Any help will be extremely appreciated
1- i got my refugee status and got PR 3 years ago. I had no idea travelling on home country passport is not advised so i renewed my passport and travelled to dubai for business. I travelled 3 times to dubai since then. And just a few days to my home country as well. I had no idea if it’s advisable or not. Nobody told me that. Upon returning to canada 3rd time CBSA officer told me he will send cessation for me. But he didnt look confident as his fellow officers were whispering that its a long process and we may not get approved by the court. Anyway he told me he’ll still call for cessation and its immigration office which will contact me or not its upon them and he let me go. I apologize again that i didnt know its not advisable. Its been 3 days i haven’t received any email or letter from them. So am i good or not?
2- I applied for citizenship and my test and background check is marked as complete. Will this whole thing affect my citizenship??
3- i have sponsored my wife also. Will it affect her sponsorship or not??
4- i want to get RTD now but that form asks if you have any other country passport, so what should i answer them and how can i explain my situation as i have a grown business in dubai and dubai doesnt allow RTD to enter. They will only allow me to enter on my home country passport.
Thanks in advance.
Request ATIP and see what’s under location section, if it’s not “grant cessation” so you are good.

For the RTD you just can mention that you are protected person and you need the RTD, I did that.
 

Harry9909

Newbie
Mar 7, 2024
7
0
Thanks alot. I looked for ATIP but couldn’t understand. Sorry for my lack of knowledge. Can you explain a little plz
And for RTD should I mention that I travelled on my home country passport?? Bcz in the form there is a question regarding your travels. Thanks alot
 

Illusionist4008

Star Member
Oct 28, 2021
140
89
Thanks alot. I looked for ATIP but couldn’t understand. Sorry for my lack of knowledge. Can you explain a little plz
And for RTD should I mention that I travelled on my home country passport?? Bcz in the form there is a question regarding your travels. Thanks alot
You can google how to request ATIP, then when you receive it after ~ 3-4 weeks, look at page 3 next to location section, you should be able to see something like (E-grant, Grant….etc).

For RTD, you should mention where you travelled and which passport you used, just be transparent with them as they know your travel history.