Questions regarding processing times and fulfilling residence requirements

[bagelbagel81]

Hi all!

Apologies in advance if I am asking question that have been answered before, butI have been searching all over for the answers, and can't seem to find them!

Background: I am just about to receive my PR, and my (Canadian citizen) partner and I want to set up a life for us in Canada, where I will eventually aim to get citizenship.. We have been living in Australia all the time we have been together, and after four years living here he has recently received PR for Australia.

In the end we aim to live permanently in Canada, but ideally want to gain citizenship for both countries so we don't have to worry about travel issues down the track, or our future kids' citizenships etc. So I am asking this with the notion in mind that I can gain citizenship whilst he still may be able to retain his status in Australia.

1) Does a PR have to wait until the 3 out of last 4 year mark has been reached before applying? OR if you know you will not be leaving the country can you say, apply 10 months before the 3 year mark is reached so by the time the application gets looked at/processed you have fulfilled the citizenship residency requirements?(Keeping in mind the processing time is currently 21 months).


2) if required to stay for the complete 3 years before sending application, would it then be possible to leave the country (say, for more than 12 months) whilst the application is in process and still be able to fullfil the 1095 days in the last 4 years without jeopardizing Canadian citizenship requirements?(Keeping in mind the processing time is currently 21 months).

The process from both sides has been so hard- so I want to make sure I can be as efficient as possible without fluffing up residency requirements!


Thanks in advance for any help!! 8)

 

[Swede]

Hi all!

Apologies in advance if I am asking question that have been answered before, butI have been searching all over for the answers, and can't seem to find them!

Background: I am just about to receive my PR, and my (Canadian citizen) partner and I want to set up a life for us in Canada, where I will eventually aim to get citizenship.. We have been living in Australia all the time we have been together, and after four years living here he has recently received PR for Australia.

In the end we aim to live permanently in Canada, but ideally want to gain citizenship for both countries so we don't have to worry about travel issues down the track, or our future kids' citizenships etc. So I am asking this with the notion in mind that I can gain citizenship whilst he still may be able to retain his status in Australia.

1) Does a PR have to wait until the 3 out of last 4 year mark has been reached before applying? OR if you know you will not be leaving the country can you say, apply 10 months before the 3 year mark is reached so by the time the application gets looked at/processed you have fulfilled the citizenship residency requirements?(Keeping in mind the processing time is currently 21 months).


2) if required to stay for the complete 3 years before sending application, would it then be possible to leave the country (say, for more than 12 months) whilst the application is in process and still be able to fullfil the 1095 days in the last 4 years without jeopardizing Canadian citizenship requirements?(Keeping in mind the processing time is currently 21 months).

The process from both sides has been so hard- so I want to make sure I can be as efficient as possible without fluffing up residency requirements!


Thanks in advance for any help!! 8)

1. To qualify for citizenship you need 3 years of presence in Canada in the last 4 years, 2 of which while being a permanent resident. Any time spent in Canada before becoming a PR counts for half. The dates are locked in when the application is received, so don't apply before you're eligible.

2. First of all, you need a valid Canadian address while your application is being processed. You don't have to be in the country during the process, but you can get calls to attend e.g. the test with a very short notice. Furthermore, if it's suspected that your ties to Canada are lacking you might get a residency questionnaire (RQ), which reportedly adds 48 months to your application process.

 

[bagelbagel81]

Thanks Swede for your response! So CIC could potentially send an applicant a Residency Questionnaire after applying for Citizenship?
Wow 48 months! Well I definitely only plan to be away from Canada bare minimum in order for my partner to fill his residency requirement in Australia... and would most likely be purchasing property in the next couple of years whilst living in Canada (the house we plan to raise our family in) So hopefully that will be enough ties to the place. Completely understand why CIC do this though- as it's unfair on others if people are just gaining PR only to leave again shortly after.

Thanks again!

 

[scylla]

Yes - if you're going to receive a Residency Questionnaire, it will be after you've applied for citizenship.

 

[Kingoftherings]

Hey guys i was just wondering if someone can help me i first came to canada when i was. 16 years old right now they are processing my application as an adult cause i have 20 years old do you guys think i gonna get w RQ OR FP if so what info i can provide during these years when i still was living as a minor do you guys think i wont get any RQ hopefully since i come here in 2008 nov 20 i've been here the fulll days everysigle day not abscesses but the only problem is that i lost my passport the one i landed with ANY ADVICE PLEASEEE HELP

 

[Leon]

Hey guys i was just wondering if someone can help me i first came to canada when i was. 16 years old right now they are processing my application as an adult cause i have 20 years old do you guys think i gonna get w RQ OR FP if so what info i can provide during these years when i still was living as a minor do you guys think i wont get any RQ hopefully since i come here in 2008 nov 20 i've been here the fulll days everysigle day not abscesses but the only problem is that i lost my passport the one i landed with ANY ADVICE PLEASEEE HELP

Did you go to school? Do you have school records? If you have school records for every semester or can get them from your school, you have obviously been in Canada.

Did you work? Do you have tax records? Can you get a letter from the employer stating from when to when you were employed there? If you were working, you must have been in Canada.

Do you have bank records? If you used your bank card in Canada, you were probably in Canada.

A lost passport can cause immigration to be suspicious and ask for an RQ. If that happens, you'll just have to deal with it.

 

[Leon]

1) Does a PR have to wait until the 3 out of last 4 year mark has been reached before applying? OR if you know you will not be leaving the country can you say, apply 10 months before the 3 year mark is reached so by the time the application gets looked at/processed you have fulfilled the citizenship residency requirements?(Keeping in mind the processing time is currently 21 months).

Yes, you do have to wait until you have reached 1095 days in Canada +1 before you apply. In order to minimize the chances of getting an RQ, you should keep proof of your staying in Canada such as boarding cards from your flights, pay slips, rental agreement, utility bills, phone bills, bank records and you will of course have tax records. If you leave Canada at all, you should keep proof of when you left and when you came back. You should send a good package of proof when you apply for citizenship and hopefully they will not have any reason to doubt you.

2) if required to stay for the complete 3 years before sending application, would it then be possible to leave the country (say, for more than 12 months) whilst the application is in process and still be able to fullfil the 1095 days in the last 4 years without jeopardizing Canadian citizenship requirements?(Keeping in mind the processing time is currently 21 months).

If you leave, like Swede said, it could cause immigration to want to take a better look at your case. However, you would not have to come back after 1 year because once you have qualified and applied for citizenship, you do not have to maintain 3/4 years in Canada. You just have to stay within the PR residency requirements of 2/5 years in Canada in order to keep your PR and as a spouse of a Canadian, your time with your spouse is counted as time in Canada towards the PR residency requirements. (However, not towards the citizenship residency requirements, for that you actually have to have lived in Canada.)

If you are afraid of your partner losing the Australian PR, may I offer another solution. Go and land in Canada and get your PR. Then go back to Australia and continue to live there until your partner gets citizenship. Then move to Canada. Your Canadian PR will still be in good standing because you have been living with your spouse. Your partner will have dual citizenship and will not be in danger of losing anything. You will have to live in Canada for 3 years and then you can apply for citizenship and will not have to be in a hurry to leave.

 

[Swede]

Yes, you do have to wait until you have reached 1095 days in Canada +1 before you apply. In order to minimize the chances of getting an RQ, you should keep proof of your staying in Canada such as boarding cards from your flights, pay slips, rental agreement, utility bills, phone bills, bank records and you will of course have tax records. If you leave Canada at all, you should keep proof of when you left and when you came back. You should send a good package of proof when you apply for citizenship and hopefully they will not have any reason to doubt you.

Are you really supposed to send proof with your application? I couldn't see any language about that in the forms? :-[

 

[Leon]

Are you really supposed to send proof with your application? I couldn't see any language about that in the forms? :-[

True, it doesn't say in the forms, just a copy of all pages of your passport but from what I have heard, people are starting to do it to try to avoid the dreaded RQ. I would do it if I were applying today. At least a letter from the employer and my tax returns. Because if they decide to send your application for an RQ, you are already delayed.

 

[SenoritaBella]

Agree totally... not sure why they don't ask for these documents upfront anyway. Would save everyone a lot of time.

True, it doesn't say in the forms, just a copy of all pages of your passport but from what I have heard, people are starting to do it to try to avoid the dreaded RQ. I would do it if I were applying today. At least a letter from the employer and my tax returns. Because if they decide to send your application for an RQ, you are already delayed.

 

[bagelbagel81]

Yes, you do have to wait until you have reached 1095 days in Canada +1 before you apply. In order to minimize the chances of getting an RQ, you should keep proof of your staying in Canada such as boarding cards from your flights, pay slips, rental agreement, utility bills, phone bills, bank records and you will of course have tax records. If you leave Canada at all, you should keep proof of when you left and when you came back. You should send a good package of proof when you apply for citizenship and hopefully they will not have any reason to doubt you.

If you leave, like Swede said, it could cause immigration to want to take a better look at your case. However, you would not have to come back after 1 year because once you have qualified and applied for citizenship, you do not have to maintain 3/4 years in Canada. You just have to stay within the PR residency requirements of 2/5 years in Canada in order to keep your PR and as a spouse of a Canadian, your time with your spouse is counted as time in Canada towards the PR residency requirements. (However, not towards the citizenship residency requirements, for that you actually have to have lived in Canada.)

If you are afraid of your partner losing the Australian PR, may I offer another solution. Go and land in Canada and get your PR. Then go back to Australia and continue to live there until your partner gets citizenship. Then move to Canada. Your Canadian PR will still be in good standing because you have been living with your spouse. Your partner will have dual citizenship and will not be in danger of losing anything. You will have to live in Canada for 3 years and then you can apply for citizenship and will not have to be in a hurry to leave.

This advice is so helpful, thank you Leon!

It makes sense that my partner gets his Australian citizenship first, and then we can get that out of the way seeing as we are already set up here in Australia - then don't have to worry about coming back and restarting all again for his residency requirements.It also means I don't have to potentially worry about subletting any property I then might own down the track....


That's also great to know my time spent with him can still count towards my PR. Do I need evidence of this upon returning to Canada, or is it just something I need to provide if I get contacted by CIC questioning my PR status?

Either way - I think this may end up being the route we choose... thanks again!!

 

[Swede]

True, it doesn't say in the forms, just a copy of all pages of your passport but from what I have heard, people are starting to do it to try to avoid the dreaded RQ. I would do it if I were applying today. At least a letter from the employer and my tax returns. Because if they decide to send your application for an RQ, you are already delayed.

The form doesn't even require a copy of all passport pages, but I guess it might be a good idea to send a second package with some extra stuff to Sydney. My application was only received about a month ago, so they should be able to manage adding more papers to my application. Or not.

Anyway, thanks for the heads up!

 

[Leon]

That's also great to know my time spent with him can still count towards my PR. Do I need evidence of this upon returning to Canada, or is it just something I need to provide if I get contacted by CIC questioning my PR status?

As a PR, you are allowed up to 3 years outside Canada without the need to prove anything so if you return less than 3 years after you landed, you don't have to worry about it. If it takes more than 3 years, you might want to have kept some proof that you are living at the same address, for example the payslips addressed to both of you at your address, kills two birds in one stone because it proves you were both residing in the same town and using the same address.

 

[bagelbagel81]

As a PR, you are allowed up to 3 years outside Canada without the need to prove anything so if you return less than 3 years after you landed, you don't have to worry about it. If it takes more than 3 years, you might want to have kept some proof that you are living at the same address, for example the payslips addressed to both of you at your address, kills two birds in one stone because it proves you were both residing in the same town and using the same address.

No problem. I will keep that in mind. I also would have evidence of a lease with both our names on it... better to be safe than sorry!