Leaving Canada after submitting citizinship application. please advice

[life900]

Hello Experts
I have a question please. I have been in Canada for 2 years and intending to apply for citizenship just after accumulating the required 3 years. My plan is to leave Canada after submitting my citizenship application and hire a lawyer to follow up with it. My understanding is that CIC is only concerns with being in Canada for 3 years out of 4 years prior to application, and not where I have been after submitting the application.
The question is: does leaving Canada after exactly the three years will jeopardize my application? is it a weak point in my file? Does is consider by the judge (If a have to appear in front of him) as lacking ties to Canada?..... anyone can share a similar experience please?.
I will appreciate your advice please as this will help me planning for the coming years.

Many thanks

 

[canmanottawa]

Hello...


I dont see any reason that you might have a problem with it. The problem is you will have to be here for a test, fingerprints , a judge hearing or to fill out the RQ form in case they sent it to you. You dont want to keep travelling in and out which might cause a question to CIC about why you want to get the citizenship if you are not intending to stay here.

I hope it makes sense to you. Remember, CIC might ask you to meet a judge and then you ahve to answer all his questions about the reasons of not living here. You dont want anything to happen that might result your application to be in process for like 2 or 3 years,,

It is just an advice.

 

[eileenf]

Technically the 3 years are the important years, but you may encounter significant hurdles.

The main challenge will be maintain your Permanent Residency while your citizenship application is in progress. You will need to be here 2 out of the last 5 years. This basically means that you will need your application to be processed in under 3 years. As of the latest CIC statistics (Sept. 2012 http://www.cic.gc.ca/english/information/times/canada/cit-processing.asp) 80% of "routine" applications are processed within 25 months while 80% of "non-routine" applications were processed within 35 months. If you are out of the country, there is a real risk that you will receive a Residence Questionnaire, especially at the test/interview. This means your application will be deemed "non-routine". You may also be required to see a judge.

Personally, I suspect that the processing timeline for "non-routine" applications has lengthened since Sept. 2012. So, if you get an RQ, there is a very real possibility that your application will take more than 35 months to process. You need to be a PR in order to become a citizen, so if your PR eligibility lapses, your citizenship application will be closed.

Also, the wait times to see a citizenship judge will add at least another year (or so?) onto your processing timeline, depending upon which office is processing your application. And you need to maintain your PR.

There have also been some suggestions in ATIP releases that applications bearing a foreign mailing address are put on hold. [Edit: Should be "files with address outside of Canada"] But, if you are living abroad but do not admit to it, this would undermine your credibility in an interview or judge's hearing should this information come out, which it probably would.

 

[Yolka]

With all respect to eileenf, may I state my opinion on that. I know eileenf is a great support to us all in this forum and I personally appreciate her advise on lots of things.

I have a question regarding ATIP and CIC putting on hold application with foreign addresses. As far as I know we are not allowed to put our foreign address on the application. I even called CIC from abroad to change my residential address and they recommended to keep my Canadian mailing address. So, they would not have my foreign address?

Also, I see post from applicants living abroad stating that they were invited to test and as long as I remember none of them have RQ (yet) and they were still the routine applicants.

I have not seen anywhere a law where it says that we are not allowed to leave Canada after we submit application as long as we meet the 1095 days prior to application and yes, we can still get RQ (or we don't, depends how lucky you are).

As for RQ, anyone can get RQ these days, that is not the reason people should hold back from leaving. My friend got RQ and she lives in Canada, and many other applicants in this forum claim they got RQ without any reasonable explanation.

Make sure to inform CIC if you are away for more then 2 weeks, be always honest with CIC.

Good luck.

 

[eileenf]

I agree with Yolka, especially with her point that there is no law that precludes PRs from moving or disqualifies them from citizenship for living abroad (as long as they maintain their residence obligation), but I do think that living abroad, and having a discrepancy between the address on an ID (as presented at test/interview) and the CIC address could be a red flag for RQ. It corresponds with the C2 pretest RQ trigger, which might also be a post-test RQ trigger. If an RQ is issued, the challenge for those who intend to move abroad for more than 3 years following their citizenship application is the ticking clock on PR residency obligation.

I'm not saying that it's a certainty, I'm just saying that it's a possibility and it's worth being aware of and probably consulting a lawyer (as the original poster has mentioned).

Here is the ATIP source: https://secure.immigration.ca/forum/forum_posts.asp?TID=12858&title=cic-will-google-you
"Hello, Some time ago, the field was advised to hold citizenship applications from clients whose address was outside Canada pending a policy decision on how they would be handled. Has this policy decision been made? If so, please forward me the response. If not, do you know when it is expected as we have many files with long term BFs [Bring Forward instructions] for this reason."

For those interested, there is more discussion and debate on it here: https://secure.immigration.ca/forum/forum_posts.asp?TID=19&KW=foreign+address&PID=209000&title=rq-discussions#209000

Just to clarify Yolka, did you keep a Canadian address as both your residential and mailing addresses?

Yolka, I appreciate your kind words, but please don't hesitate to disagree with my posts. You have experience in this area and I do not. I don't take it personally to learn that my opinion or random recall of an old ATIP is inaccurate. Finally, I've edited my previous post to take out "foreign mailing address" because it's wrong. The ATIP mentions "address outside Canada" and doesn't specify mailing vs. residential.

 

[Yolka]

I agree with Yolka, especially with her point that there is no law that precludes PRs from moving or disqualifies them from citizenship for living abroad (as long as they maintain their residence obligation), but I do think that living abroad, and having a discrepancy between the address on an ID (as presented at test/interview) and the CIC address could be a red flag for RQ. It corresponds with the C2 pretest RQ trigger, which might also be a post-test RQ trigger. If an RQ is issued, the challenge for those who intend to move abroad for more than 3 years following their citizenship application is the ticking clock on PR residency obligation.

I'm not saying that it's a certainty, I'm just saying that it's a possibility and it's worth being aware of and probably consulting a lawyer (as the original poster has mentioned).

Here is the ATIP source: https://secure.immigration.ca/forum/forum_posts.asp?TID=12858&title=cic-will-google-you
"Hello, Some time ago, the field was advised to hold citizenship applications from clients whose address was outside Canada pending a policy decision on how they would be handled. Has this policy decision been made? If so, please forward me the response. If not, do you know when it is expected as we have many files with long term BFs [Bring Forward instructions] for this reason."

For those interested, there is more discussion and debate on it here: https://secure.immigration.ca/forum/forum_posts.asp?TID=19&KW=foreign+address&PID=209000&title=rq-discussions#209000

Just to clarify Yolka, did you keep a Canadian address as both your residential and mailing addresses?

Yolka, I appreciate your kind words, but please don't hesitate to disagree with my posts. You have experience in this area and I do not. I don't take it personally to learn that my opinion or random recall of an old ATIP is inaccurate. Finally, I've edited my previous post to take out "foreign mailing address" because it's wrong. The ATIP mentions "address outside Canada" and doesn't specify mailing vs. residential.

Thanks eileenf for the links, I do hope CIC won't use such law on people moving abroad, they should at least recognize the need for temporary move!

We for one, had no bad intention by moving, primarily it is because of my husband's job and we are going back to Canada in less then 3 years. We did not plan to leave after applying, this is life, it is mostly hard on me and my family is taking it hard because of me being so worried. This citizenship means a lot to the whole family but having children one has to find other ways of earning better money for better life back in Canada, considering only one spouse working was not enough in Canada.

Back to your question, yes, I do have the same mailing address for residential and mailing address (my parents in law). I informed CIC about me moving (also told them for how long) and called them back from abroad to change my residential address. The lady at CIC told me that we are not allowed to use overseas address in our file and suggested to use my mailing address as a residential address. I received my acknowledgement letter at my Canadian mailing address I gave them.

My file is in process already and was transferred to the local office. Right now I am waiting for a test (fingers crossed).

Thanks again for your nice post.

 

[corazon3]

Thanks eileenf for the links, I do hope CIC won't use such law on people moving abroad, they should at least recognize the need for temporary move!

We for one, had no bad intention by moving, primarily it is because of my husband's job and we are going back to Canada in less then 3 years. We did not plan to leave after applying, this is life, it is mostly hard on me and my family is taking it hard because of me being so worried. This citizenship means a lot to the whole family but having children one has to find other ways of earning better money for better life back in Canada, considering only one spouse working was not enough in Canada.

Back to your question, yes, I do have the same mailing address for residential and mailing address (my parents in law). I informed CIC about me moving (also told them for how long) and called them back from abroad to change my residential address. The lady at CIC told me that we are not allowed to use overseas address in our file and suggested to use my mailing address as a residential address. I received my acknowledgement letter at my Canadian mailing address I gave them.

My file is in process already and was transferred to the local office. Right now I am waiting for a test (fingers crossed).

Thanks again for your nice post.

I'm 100% certain you'll get RQ.

 

[pkakula]

No doubt about it ...RQ is guaranteed ... I made a simple mistake in CIT4070 ,not sure what i will hear.....

frustrated with this canadian System for Citizenship..........

 

[pkakula]

No doubt about it ...RQ is guaranteed ... I made a simple mistake in CIT4070 ,not sure what i will hear.....

frustrated with this canadian System for Citizenship..........

I mean CIT0407 not CIT4070.....

 

[Aamir89]

I personally think there would be no issue as far as you have completed your 3 years you are good. After applying for citizenship you can go anywhere in the world. CIC is concern about your first 3 years so if you meet that deadline you are good.

If you planning to settle aboard or stay long-term (more then 6 months) then I guess you might face problem because when you have citizenship test you will also be having interview and in that interview you have to satisfy the cic person that after getting your passport you will stay in Canada. Once he satisfied then your file will go to the Judge and if also satisfied then you are good.

Regarding trip before applying for citizenship I have been out Canada twice (1st for 4 months and 2nd for 2 months).

I applied on April, 2013 and my oath is tomorrow Nov 25, 2013. It took me 8 months from the day I applied and Oath Day. I didn't get any RQ but yes my brother did who have travel only once and he have been in Canada before me.

So it depends on individual case the most important thing if you can satisfy cic officer you are good.

Thanks

 

[turboracer]

Brother Aamir

thats great within 8 months you got oath

brother are you in toronto downtown ?

can you please share us your time line

did your file to go st clair office ?

and did you got any interview with the officer or judge ?

like if you could tell us all your experience about it brother if its ok with you

 

[pkakula]

I personally think there would be no issue as far as you have completed your 3 years you are good. After applying for citizenship you can go anywhere in the world. CIC is concern about your first 3 years so if you meet that deadline you are good.

If you planning to settle aboard or stay long-term (more then 6 months) then I guess you might face problem because when you have citizenship test you will also be having interview and in that interview you have to satisfy the cic person that after getting your passport you will stay in Canada. Once he satisfied then your file will go to the Judge and if also satisfied then you are good.

Regarding trip before applying for citizenship I have been out Canada twice (1st for 4 months and 2nd for 2 months).

I applied on April, 2013 and my oath is tomorrow Nov 25, 2013. It took me 8 months from the day I applied and Oath Day. I didn't get any RQ but yes my brother did who have travel only once and he have been in Canada before me.

So it depends on individual case the most important thing if you can satisfy cic officer you are good.

Thanks

Aamir ,


you are the luckiest person on the planet of earth. People are waiting for 2-4 years and even more.....8 months is really super fast .which city are you from ?

 

[Aamir89]

Aamir ,


you are the luckiest person on the planet of earth. People are waiting for 2-4 years and even more.....8 months is really super fast .which city are you from ?

I am from Windsor Ontario. I have heard that Windsor Ontario and Mississauga/Toronto are very fast as compared to other offices.

 

[eileenf]

I personally think there would be no issue as far as you have completed your 3 years you are good.

While some have good luck and are processed quickly like Aamir, unfortunately this is not typical. Despite completing our 3+ years honestly, many tens of thousands of us are not processed quickly, get RQ, or have unreasonable delays and issues. Currently reported CIC citizenship timelines are the longest that they have ever been and the backlog is the largest as it has ever been.

As applicants we can only do our best, try to minimize risks as much as possible and hope for luck and fairness. Of course we need to be honest, of course we need to fulfill the requirements, but that doesn't guarantee a smooth road to citizenship.

It's good to remember that the vast majority of delayed applicants will deemed eligible for citizenship and approved. It's also good to remember that the speed of processing may be completely irrelevant to the quality of the application. Many people who experience speedy processing of their applications assume that the speed is due to the quality of their applications. The flip-side of this assumption is that delays must indicate that the applicant did something wrong or is less qualified for citizenship. This is not true.

There are many variables accounting for varying timelines that are outside of the applicant's control including vast disparity between local office processing timelines, the time period when applying (i.e. an applicant with a recently renewed driver's license applying in May 2012 would get RQ while applicants after Nov. 2012 would not), staffing levels, CIC errors, CIC abritrarily fast-tracking certain applications (including RQ cases) for staff training and quality assurance purposes (like the Lucky 600: https://secure.immigration.ca/forum/forum_posts.asp?TID=13387&PID=207066&title=ob-407b-and-validation-of-rq-triage-criteria#207066), etc.

 

[life900]

Thank you my friends for sharing your views on my initial posts. I have gone through an interesting interpretation for the delay in citizenship application. It is viewed as an deliberated delay to filter 3 categories of applicants:
1- Applicants who intend to accumulate three years and leave Canada after submitting application. This category will be at risk of losing PR status during the prolonged application process.
2- Applicants who intend to remain in Canada until they receive their Citizenship. This category will remain in Canada for 3-4 years after the application. They will work, pay rents, keep the economy going and establish stronger ties to Canada and, therefore, may end up remaining there.
3- Applicants who intend to remain in Canada for good. This category does not really care how long in takes to receive the citizenship.
Anyhow it is not an official interpretation. Let us hope that the new government will adapt a different policy toward citizenship application and make it more faster.
Thanks