Question about "intention to reside" clause ...

[Mary2009]

Hi

A friend of mine will be eligible to apply for citizenship on 5th of December 2014 (today)...
He prepared all the documents & copies...etc.. planning to send the application on Monday.

Now he has a question and asked me but I couldn't answer him...

He already booked round trip ticket (to his home country) dated 15 April 2015 ...
he is returning back to Canada after 13 days only.

Would this affect his application because of the "intention to reside" clause?

He will travel (for 13 days) AFTER applying to citizenship...
Cannot postpone this trip until he's granted the citizenship.. no one knows when, but it could take 2-3 years.

On the other hands, he doesn't want to apply after his return, because he has doubts that the government MAY chose to enforce the new rules before jun/july 2015.

The whole Bill C-24 was a big tragedy (and disappointing for many), so there is no reason why the government won't change the enforcement date (if the system is ready & the new forms...etc) since its an election year!

What do you guys think?

Would a 13-day trip after applying for citizenship hurt his application?

Thanks all,
Mary

 

[pedros]

Hi

A friend of mine will be eligible to apply for citizenship on 5th of December 2014 (today)...
He prepared all the documents & copies...etc.. planning to send the application on Monday.

Now he has a question and asked me but I couldn't answer him...

He already booked round trip ticket (to his home country) dated 15 April 2015 ...
he is returning back to Canada after 13 days only.

Would this affect his application because of the "intention to reside" clause?

He will travel (for 13 days) AFTER applying to citizenship...
Cannot postpone this trip until he's granted the citizenship.. no one knows when, but it could take 2-3 years.

On the other hands, he doesn't want to apply after his return, because he has doubts that the government MAY chose to enforce the new rules before jun/july 2015.

The whole Bill C-24 was a big tragedy (and disappointing for many), so there is no reason why the government won't change the enforcement date (if the system is ready & the new forms...etc) since its an election year!

What do you guys think?

Would a 13-day trip after applying for citizenship hurt his application?

Thanks all,
Mary

The intent to reside clause is not in force.

http://www.canadavisa.com/canada-immigration-discussion-board/us-vs-canada-green-card-vs-citizenship-a-weird-request-from-judge-t256863.0.html;msg3801393#msg3801393

 

[Mary2009]

hmm, that's interesting pedros... thanks for reminding me with this.
This multiple stage force of an approved Law, is amazingly confusing! :

OK, for someone who applied BEFORE this clause become in force...
can he travel for short trips AFTER the citizenship has been submitted?
(10-15 days one or two times per year)

Thanks again,

Mary

 

[Goldline]

Would a 13-day trip after applying for citizenship hurt his application?

Thanks all,
Mary

I enjoyed a 6 weeks trip 23 days after submitting my application. There is no law in Canada that prevent a permanent resident from taking a trip overseas.

 

[MUFC]

Everybody understand that clause in a different way.
They should say clearly in what circumstances they might consider that the applicant doesn't have the intent to stay in Canada.

 

[dpenabill]

For clarity: the intent to reside clause will only affect applications made on the day, or after, the provisions of Bill C-24 regarding qualifications for the grant of citizenship come into force. Still no firm date known for this. Probably summer 2015 but it could be sooner, or it could be later. My guess, just a guess, is June, possibly May. The ugly side is that this government may give little or no advance notice as to when the remaining provisions in Bill C-24 come into force.

Everybody understand that clause in a different way.
They should say clearly in what circumstances they might consider that the applicant doesn't have the intent to stay in Canada.

The intent to reside clause is actually very straight-forward.

It does however indeed open the door very, very wide, for CIC to consider a broad, broad range of factors. Even under the current residency provision, the RQ process is profoundly intrusive into an individual's privacy. And yes, this clause will expand the scope of what is relevant and what is material. Those given RQ under this clause, for example, will be committing a material misrepresentation, for which the application can be denied or citizenship later revoked, by failing to disclose all property or business interests abroad.

No rocket science is necessary, however, to recognize that any circumstance constituting or indicating any continued ties abroad will be circumstances which might be considered . . . the tricky part is know what will actually tip the scales toward CIC opposing the grant of citizenship based on an inference that the applicant lacks the requisite intent. Obviously, it will depend on the totality of the evidence, all circumstances considered.

And yes, of course, lengthy absences from Canada after applying will be considered. And there will be no hard line rule, since the context for the absence, the purpose, among other factors, will be considered as well as the duration. And since the burden of proof, for this and all the other requirements, is on the applicant, an applicant with significant ties abroad, and frequent or extended absences after applying, will of course have a more difficult time proving the intent to reside requirement.