Citizenship application sent last month, hubby got a job offer from US

[Millu]

Tried to look posts and got some answers, but wanna make sure i understand everything correctly before taking action or making decisions.
Hubby is Canadian, so is my son.
We will return Canada, but now my husband got offer from OH that companies in On cant offer him atm.
I would use my inlaws mailing address, they are 1.5h from Windsor. I would trust them to open my mail to be able to deliver the message from CIC asap.
I am stay at home mom, can drive across the border with short notice.
I can maintain my pr aboard right, since hubby is canadian. again using my inlaws address can order new card right? go early enough or get it mailed to me before current one expires.

What would be biggest concerns what comes to citizenship application and the renewing pr application?

Thank you so much for all your help

 

[thecoolguysam]

Tried to look posts and got some answers, but wanna make sure i understand everything correctly before taking action or making decisions.
Hubby is Canadian, so is my son.
We will return Canada, but now my husband got offer from OH that companies in On cant offer him atm.
I would use my inlaws mailing address, they are 1.5h from Windsor. I would trust them to open my mail to be able to deliver the message from CIC asap.
I am stay at home mom, can drive across the border with short notice.
I can maintain my pr aboard right, since hubby is canadian. again using my inlaws address can order new card right? go early enough or get it mailed to me before current one expires.

What would be biggest concerns what comes to citizenship application and the renewing pr application?

Thank you so much for all your help

Here is a helpful link for citizenship part:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=911&t=5

For citizenship, you may get RQ (Residence Questionnaire) however, make sure you maintain your residency obligations else your citizenship application would be at risk

Here is link for PR obligations:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=727&t=4

As your husband is citizen of canada, your pr can be renewed without any issues. However, CIC can ask additional information to prove your residential ties in Canada and also to prove that you are living with your Canadian husband abroad.

 

[Millu]

Here is a helpful link for citizenship part:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=911&t=5

For citizenship, you may get RQ (Residence Questionnaire) however, make sure you maintain your residency obligations else your citizenship application would be at risk

Here is link for PR obligations:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=727&t=4

As your husband is citizen of canada, your pr can be renewed without any issues. However, CIC can ask additional information to prove your residential ties in Canada and also to prove that you are living with your Canadian husband abroad.

Thanks!!!
Im wondering should we just withdraw the application and i would remain pr til we move back.
Thoughts with this.

Also if i get rq when living aboard and citizenship application is in process..i just answer that i live in usa and they decide.
Also i am.worried that i will get denied and it will make it.difficult to apply later in life.

for pr. I have no problem showing documents i am with my canadian husband Hihi.

 

[eileenf]

Im wondering should we just withdraw the application and i would remain pr til we move back.
Thoughts with this.

It's your choice, but personally I see little advantage in this. You're afraid that you'll get turned down, so you turn yourself down instead? One should only withhold rights from oneself in order to avoid a well-defined and very probable negative outcome. The negative outcomes in this case are neither very likely nor very well-defined. (So, yes, it's good to ask questions about possible outcomes!) Delaying applying for rights that one is qualified for though is problematic. One cannot tell the future. You may never move back to Canada or only live here for a few years. The citizenship act may change (again). If you apply in the future, at minimum, you will have to meet the new 4/6 year requirements rather than the current 3/5 year.

Also if i get rq when living aboard and citizenship application is in process..i just answer that i live in usa and they decide.

Living abroad is a hurdle for some people in the timely processing of their citizenship applications but not a problem for others. CIC internal documents show that there is confusion within CIC about how to process the applications of those living abroad, so no one on here can tell you exactly how your application will proceed. But this seems to be most acute for those at risk of losing their PR. CIC will try to run out the clock on the PR of citizenship applicants who applied "on the way to the airport", thereby making the citizenship a moot point (only current PRs can take the oath). Since loss of PR is not a problem for you, my guess is that you have a better chance of running into minimal to no delays. Your Canadian spouse tips things in your favour.

Yes, of course you need to tell the CIC the truth about your living situation if you get an RQ. If you are worried about the negative repercussions of telling them the truth, it is really important to talk to a lawyer to better understand any risks involved with being honest and appropriately weigh them against the risks of misrepresentation (loss of credibility, further delays and investigations, and in extreme cases revocation of citizenship). There are some cases where less than complete honesty may be justified (specifically for refugees who briefly traveled back to their home countries and thus are at risk for loss of status in Canada), but it's hard to see the justification in your case.

Also i am.worried that i will get denied and it will make it.difficult to apply later in life. for pr. I have no problem showing documents i am with my canadian husband Hihi.

Denials may or may not result in RQs and delays for later applications. Probably not a reason to give up now though.

 

[Millu]

It's your choice, but personally I see little advantage in this. You're afraid that you'll get turned down, so you turn yourself down instead? One should only withhold rights from oneself in order to avoid a well-defined and very probable negative outcome. The negative outcomes in this case are neither very likely nor very well-defined. (So, yes, it's good to ask questions about possible outcomes!) Delaying applying for rights that one is qualified for though is problematic. One cannot tell the future. You may never move back to Canada or only live here for a few years. The citizenship act may change (again). If you apply in the future, at minimum, you will have to meet the new 4/6 year requirements rather than the current 3/5 year. Living abroad is a hurdle for some people in the timely processing of their citizenship applications but not a problem for others. CIC internal documents show that there is confusion within CIC about how to process the applications of those living abroad, so no one on here can tell you exactly how your application will proceed. But this seems to be most acute for those at risk of losing their PR. CIC will try to run out the clock on the PR of citizenship applicants who applied "on the way to the airport", thereby making the citizenship a moot point (only current PRs can take the oath). Since loss of PR is not a problem for you, my guess is that you have a better chance of running into minimal to no delays. Your Canadian spouse tips things in your favour.

Yes, of course you need to tell the CIC the truth about your living situation if you get an RQ. If you are worried about the negative repercussions of telling them the truth, it is really important to talk to a lawyer to better understand any risks involved with being honest and appropriately weigh them against the risks of misrepresentation (loss of credibility, further delays and investigations, and in extreme cases revocation of citizenship). There are some cases where less than complete honesty may be justified (specifically for refugees who briefly traveled back to their home countries and thus are at risk for loss of status in Canada), but it's hard to see the justification in your case. Denials may or may not result in RQs and delays for later applications. Probably not a reason to give up now though.

Thank you so much!!!

I cannot lose the pr status since we would be live close to the border and visit friends and family often. If i am risking my pr, i am not going I love it here and definitely will want to return. Moving to US would be temporary, it gives me opportunity to stay home with kids til they are ready to school as well us to save money.

I dont know what to do. We were not planning this. husband went for business trip and got a job offer. If i knew this i would never applied citizenship yet.
Tough choices.
You think by calling to cic call centre gives more answers to our wonders.

 

[lenium]

If I am not mistaken, time spent abroad accompanying a Canadian Citizen counts towards your residency. A lawyer told me this. You should look into it.

 

[eileenf]

If I am not mistaken, time spent abroad accompanying a Canadian Citizen counts towards your residency. A lawyer told me this. You should look into it.

Only towards maintenance of PR. Not towards citizenship.

You think by calling to cic call centre gives more answers to our wonders.

You can call, but please take any advice or answers with a grain of salt. If you call multiple times, you will likely get varying answers.

If you want to be extra sure, you should contact a good immigration lawyer for a consultation. It would not be very expensive. And you'll have personalized information and advice rather than wondering or worrying too much. The CIC call centre is not very good at giving accurate personal advice.

My point in my previous post was that there are basically zero problems or risks associated with keeping your application going. So why give up?

 

[raymasa]

In my opinion (and that's all it is, an opinion), since your husband is a Canadian citizen and if you have completed your residency and other requirements, they wont turn you down for your husband working in the US. They may make it a bit difficult and drag the case along and may ask you for information, but if you qualify, they wont turn you down.

If you withdraw and apply in the future, they still may ask you for extra information based on you being abroad.

Unless your husband is planning on being in the US job only for a few months, I think you may as well apply and see what happens.

Ray

 

[thecoolguysam]

when you check online residence calculator it says thatnly the four (4) years preceding the date of your application are taken into account;

which also means that once you qualify then you can apply and then go. I suppose the intent to reside clause is not in effect thus you living in USA should not cause any issues but the application might get delayed.


Here is another link:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=911&t=5

 

[CanadianCountry]

You are right but in such cases the CIC try to clock the applicant off by delaying as long as possible.

when you check online residence calculator it says thatnly the four (4) years preceding the date of your application are taken into account;

which also means that once you qualify then you can apply and then go. I suppose the intent to reside clause is not in effect thus you living in USA should not cause any issues but the application might get delayed.


Here is another link:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=911&t=5

 

[Millu]

You are right but in such cases the CIC try to clock the applicant off by delaying as long as possible.

Sorry, i dont quite understand. does it mean that they will delay application long enough that i will withdraw it or not renew pr anymore?
Like said, hubby is canadian citizen and i will keep my pr valid for sure. He will be writing 2 year contract at the beginning and we have no plans after that.
Luckily husbands company has immigration lawyer, who will look into all the things this week.

 

[Millu]

Update.
Hubbys company immigration lawyer adviced not to take the job and wait my citizenship process to go thru before taking a job... ummm.. he said it wont go thru and is messy process.
He would be only on contract..
I dont understand...should i believe it or look for another lawyer myself? ??

 

[eileenf]

Update.
Hubbys company immigration lawyer adviced not to take the job and wait my citizenship process to go thru before taking a job... ummm.. he said it wont go thru and is messy process.
He would be only on contract..
I dont understand...should i believe it or look for another lawyer myself???

Do you have more information from the lawyer? Is this based on the Intent to Reside clause (which is not yet in force?)

It's important to understand the logic behind the recommendation. No one can tell you what will happen in this situation with 100% accuracy, so it's good to understand the nuance of the lawyer's reasoning and also be able to check up on their logic.

You are right but in such cases the CIC try to clock the applicant off by delaying as long as possible.

This is true for applicants who may lose their PR. Because the OP is married to a Canadian citizen, this is not a risk for her.

 

[Millu]

Do you have more information from the lawyer? Is this based on the Intent to Reside clause (which is not yet in force?)

It's important to understand the logic behind the recommendation. No one can tell you what will happen in this situation with 100% accuracy, so it's good to understand the nuance of the lawyer's reasoning and also be able to check up on their logic.
This is true for applicants who may lose their PR. Because the OP is married to a Canadian citizen, this is not a risk for her.

No more info. The hr rep handles the talk with immigration lawyers. i will ask hubby to talk with hr again tomorrow.
I am not in need of canadian citizenship. I dont mind being pr. Its just easier to what comes to renewing passport etc...But i sent the application already..a year after i would be qualified )

Also cic website says that everyone can leave but must maintain pr status and valid card as well as make it to all appointments etc. So basically, if i keep all these..there should not beebe much difficulties?

 

[eileenf]

Frankly my suspicion is that the lawyer didn't look very closely at your case or understand it.

*But I'm not a lawyer, so please take all advice under consideration and make sure you understand any risks.

You already applied. Your PR status is safe. Even if CIC decides to archive your application for the next 2-3 years, you're not really losing anything by keeping the application going. The worst risk seems to be that you will get an RQ or a last minute test invitation that you'll have to drive all night to keep. Neither of these is the end of the world.

Just be sure to keep your documents related to your time in Canada in order in case of RQ. Don't throw out old bank statements or leases or hydro bills or traffic tickets. Keep track of any entries and exits to Canada.

Good luck.

Even if the CIC puts the "Intent to Reside" clause into force soon and applies it to your case, I don't see it being a big problem