+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Am I not allowed to go outside Canada while I had a Citizenship application

Ms.kaka

Star Member
Jan 24, 2011
132
10
Job Offer........
Pre-Assessed..
Hello Guys,

I am wondering if I am not allowed to go outside Canada while I had a pending Citizenship application?I am thinking to visit my family back home,at least 6 months.But this idea is not final or top priority.


thanks
 

screech339

VIP Member
Apr 2, 2013
7,887
552
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Ms.kaka said:
Hello Guys,

I am wondering if I am not allowed to go outside Canada while I had a pending Citizenship application?I am thinking to visit my family back home,at least 6 months.But this idea is not final or top priority.
thanks
Staying outside Canada for at least 6 month is a huge problem. You would be deem a non-resident of Canada then. This would violate your "intend to reside" in Canada while citizenship application is in process.
 

asaif

Hero Member
Sep 3, 2010
554
47
London, ON
Job Offer........
Pre-Assessed..
Ms.kaka said:
Hello Guys,

I am wondering if I am not allowed to go outside Canada while I had a pending Citizenship application?I am thinking to visit my family back home,at least 6 months.But this idea is not final or top priority.


thanks
You are allowed if you are travelling for a limited period of time, e.g. a vacation or visiting your family. However, they expect you to remain a resident of Canada while your application is being processed, meaning that you work, study and/or actually live here. Just give them a call to let them know that your'll be away (from - to) so they don't invite you for a formality (test, ceremony, or hearing) while you are abroad.
 

links18

Champion Member
Feb 1, 2006
2,009
128
Staying outside of Canada for six months wont necessarily make you a "non-resident of Canada." Many snowbirds stay outside the country for up to seven months and still keep their provincial health coverage. That said, with the intent to reside clause still in effect, its real bad optics to be gone that long while the application is pending. I would advise waiting until you are a citizen to make this trip, unless there is an emergency.
 

screech339

VIP Member
Apr 2, 2013
7,887
552
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
links18 said:
Staying outside of Canada for six months wont necessarily make you a "non-resident of Canada." Many snowbirds stay outside the country for up to seven months and still keep their provincial health coverage. That said, with the intent to reside clause still in effect, its real bad optics to be gone that long while the application is pending. I would advise waiting until you are a citizen to make this trip, unless there is an emergency.
That may be the case with provincial jurisdiction with health care like OHIP. CIC does not care whether you are still covered under provincial health care. Federal tax will indicate that you are deem non-resident of Canada due to being out of Canada 6 month plus 1 day. CIC is controlled at Federal Level in which they access CRA tax information. Thus CIC can see that you are a "non resident" of Canada as a violation of "intend to reside" clause.
 

links18

Champion Member
Feb 1, 2006
2,009
128
screech339 said:
That may be the case with provincial jurisdiction with health care like OHIP. CIC does not care whether you are still covered under provincial health care. Federal tax will indicate that you are deem non-resident of Canada due to being out of Canada 6 month plus 1 day. CIC is controlled at Federal Level in which they access CRA tax information. Thus CIC can see that you are a "non resident" of Canada as a violation of "intend to reside" clause.
That's not entirely true. If you maintain "residential ties" to Canada while you are away, you may still be a factual resident of Canada for tax purposes. BTW, there is till no clear definition of "resident" or resident in the Citizenship Act--it does not hinge entirely on tax status.
 

screech339

VIP Member
Apr 2, 2013
7,887
552
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
links18 said:
That's not entirely true. If you maintain "residential ties" to Canada while you are away, you may still be a factual resident of Canada for tax purposes. BTW, there is till no clear definition of "resident" or resident in the Citizenship Act--it does not hinge entirely on tax status.
Basically you are trying to apply "basic residency" qualification like the old 3/4 rule to the "intend to reside" clause. That is no longer the case anymore. So "residential ties" no longer applies as it is too subjective. Income Tax is an objective confirmation of that you are a resident of Canada or not.
 

links18

Champion Member
Feb 1, 2006
2,009
128
screech339 said:
Basically you are trying to apply "basic residency" qualification like the old 3/4 rule to the "intend to reside" clause. That is no longer the case anymore. So "residential ties" no longer applies as it is too subjective. Income Tax is an objective confirmation of that you are a resident of Canada or not.
And Revenue Canada might say you are a tax resident even if you never set foot in Canada--you would be required to file a return as a resident and nobody would know you were physically somewhere else. Citizenship act uses physical presence as the standard to qualify for citizenship and then uses the vague "reside" language elsewhere. Its a mess. In any event there is no six month rule anywhere.....
 

dpenabill

VIP Member
Apr 2, 2010
6,317
3,074
Caution:

What constitutes "residency" depends on what it is for, what government body is making the determination. There is no one rule of residency. And, indeed, for most purposes what constitutes residency is not well defined.

For example, CRA rules regarding residency govern CRA determinations of residency, but have no formal or binding effect as to what constitutes residency for other purposes, and residency determinations for CRA purposes are very fact specific to the individual, and will even vary depending on the individual's tax status in other jurisdictions.

Indeed, a person can be a resident of Canada for taxation purposes while spending very little time in Canada, or can be a non-resident even though spending most of the year in Canada; depends. In contrast, for purposes of meeting the Ontario health care benefits residency requirement, one has to be both a "resident" and physically present in Canada at least 153 days in the calendar year. What constitutes being a "resident" in the OHIP context, however, is not well defined. But that is true for many if not nearly all "residency" qualifications . . . from drivers licenses to entitlement to residential tuition. Many have minimum thresholds, like OHIP has the 153 days actual presence threshold, or presumptions, like CRA has the presumption of residency if 183+ days are spent in Canada, or other criteria which is ordinarily relied on (for some purposes showing a drivers license and some other document, like a utility bill, with an address is sufficient to be considered meeting a residency requirement . . . and for some, like many libraries which provide certain services to residents, just a drivers license showing an address within the relevant jurisdictional boundaries).

For purposes of citizenship applications:

Under the 3/4 rule, the requirement specifically was "residency," even though this was never adequately defined and even this month Federal Court Justices have railed, in official decisions, about the problems with defining residency. But even under a physical presence standard, residency itself is a huge, huge factor. The absence of strong indication of residence tends to suggest an absence of presence. In contrast, strong evidence of residence and extensive residency ties, supports a claim of actual presence.

Even if the current IRCC is not specifically enforcing the intent-to-reside requirement, extended absence outside Canada tends to indicate residence outside Canada and can raise questions about to what extent the applicant might have been outside Canada more than declared. Remember, it was under the prior Liberal government leadership that CIC introduced indications of extended absence while the application was pending as a risk indicator, a reason-to-question-residency, long before the Conservative government got all hot-and-bothered about targeting those who appeared to apply-on-the-way-to-the-airport.

There are, as well, logistical considerations, like making sure to get notices from IRCC and being able to respond to them timely, including showing up for a scheduled interview.

Travel outside Canada is NOT restricted. But there can be problems if there is either frequent or extended time spent abroad. Some have run into bigger problems than others, and sometimes these are serious problems. It is up to the individual to decide based on their own situation. But in general it is probably prudent to delay extended absences until after becoming a citizen.
 

links18

Champion Member
Feb 1, 2006
2,009
128
dpenabill said:
Caution:

What constitutes "residency" depends on what it is for, what government body is making the determination. There is no one rule of residency. And, indeed, for most purposes what constitutes residency is not well defined.

For example, CRA rules regarding residency govern CRA determinations of residency, but have no formal or binding effect as to what constitutes residency for other purposes, and residency determinations for CRA purposes are very fact specific to the individual, and will even vary depending on the individual's tax status in other jurisdictions.

Indeed, a person can be a resident of Canada for taxation purposes while spending very little time in Canada, or can be a non-resident even though spending most of the year in Canada; depends. In contrast, for purposes of meeting the Ontario health care benefits residency requirement, one has to be both a "resident" and physically present in Canada at least 153 days in the calendar year. What constitutes being a "resident" in the OHIP context, however, is not well defined. But that is true for many if not nearly all "residency" qualifications . . . from drivers licenses to entitlement to residential tuition. Many have minimum thresholds, like OHIP has the 153 days actual presence threshold, or presumptions, like CRA has the presumption of residency if 183+ days are spent in Canada, or other criteria which is ordinarily relied on (for some purposes showing a drivers license and some other document, like a utility bill, with an address is sufficient to be considered meeting a residency requirement . . . and for some, like many libraries which provide certain services to residents, just a drivers license showing an address within the relevant jurisdictional boundaries).

For purposes of citizenship applications:

Under the 3/4 rule, the requirement specifically was "residency," even though this was never adequately defined and even this month Federal Court Justices have railed, in official decisions, about the problems with defining residency. But even under a physical presence standard, residency itself is a huge, huge factor. The absence of strong indication of residence tends to suggest an absence of presence. In contrast, strong evidence of residence and extensive residency ties, supports a claim of actual presence.

Even if the current IRCC is not specifically enforcing the intent-to-reside requirement, extended absence outside Canada tends to indicate residence outside Canada and can raise questions about to what extent the applicant might have been outside Canada more than declared. Remember, it was under the prior Liberal government leadership that CIC introduced indications of extended absence while the application was pending as a risk indicator, a reason-to-question-residency, long before the Conservative government got all hot-and-bothered about targeting those who appeared to apply-on-the-way-to-the-airport.

There are, as well, logistical considerations, like making sure to get notices from IRCC and being able to respond to them timely, including showing up for a scheduled interview.

Travel outside Canada is NOT restricted. But there can be problems if there is either frequent or extended time spent abroad. Some have run into bigger problems than others, and sometimes these are serious problems. It is up to the individual to decide based on their own situation. But in general it is probably prudent to delay extended absences until after becoming a citizen.
Exactly....there is nothing saying that being gone for six months means you will automatically be found to violate the intent to reside clause, but given the ambiguity and the still quite variable meaning of "reside" in this context (or any other)--not to mention logistical issues--I really wouldn't advise making a trip of this duration until you are a citizen, unless you absolutely must.
 

screech339

VIP Member
Apr 2, 2013
7,887
552
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
johnr said:
The law is not literally saying nor forcing you to stay in this country while you have a pending citizenship application.

You can go, but your application will prolong because the smart people at cic will question if your a citizen of convenience.
There is a big difference between leaving Canada during citizenship process for vacation purposes and those who leave only to come back for test and oath purposes.