Dear Sir/Madam,
I am eligible to apply for Canadian Citizenship on October 11th, 2017 but I would be outside of Canada a few months after this date.
Am I allowed to submit my documents from outside of Canada? If so,
Do I need to submit additional documents?
Does this affect my application process and its processing time?
Do I need to meet additional requirements? e.g. Is the time I spent in Canada before being PR is considered if I apply outside of Canada?
Kindest regards,
Hos.
My take:
There is nothing which definitively prohibits making an application while outside Canada.
However, there are many serious risks involved in doing so, particularly if the PR is residing outside Canada longterm.
The risks have been repeatedly discussed in multiple topics, and many of those discussions have been in-depth. The risks range from logistical difficulties (which should not be underestimated, particularly since such an application is likely to incur non-routine processing) to a potentially severe if not outright highly suspicious approach, by an IRCC processing agent or Citizenship Officer, in weighing the evidence submitted attendant an assessment of key qualifying elements, the minimum presence requirement in particular.
Thus, it is important to be aware of the answer to the following question:
"Does [applying while outside Canada] affect my application process and its processing time?"
Of course it does. Just the fact that the applicant is outside Canada at the very, very least raises a question about how much the applicant should affirmatively prove he or she was present in Canada.
To what extent will this affect the application? That is very difficult to forecast in any specific individual's case, but it undoubtedly depends in large part on the particular circumstances in the case, including the particular applicant's immigration history, reasons for being outside Canada, how long outside Canada, strength of other indicators of presence, or of absences, indicators of ties in Canada generally, indicators of ties outside Canada, residency of immediate family members, applicant's work history, and so on and so on.
For the applicant outside Canada, the threshold for triggering RQ related non-routine processing is undoubtedly much lower than it is for most applicants.
Non-routine processing means delays. RQ related non-routine processing can mean long delays.
RQ processing can lead to a full-blown presence case. The applicant subject to a full-blown presence case can be required to affirmatively prove all periods of time claimed to have been in Canada, backed up by objective documentation of presence during the full scope of those days. Hint: proof of dates of entry and dates of exit, in such a case, tends to fall way, way, way short.
In other words, the ultimate outcome of the application could be at risk.
And while the application is pending, the PR must continue to be in compliance with all PR obligations, including in particular the PR Residency Obligation.
On the other hand, even during the most broad and intensive scrutiny of citizenship applications during the Reign of Harper, applicants who were abroad for clearly temporary reasons, a temporary job assignment or a specific graduate program for example, many applicants
temporarily living abroad nonetheless sailed relatively easily through the process.
Response taking into consideration comments by others stating a contrary proposition, that the applicant must be resident or present in Canada at the time the application is made:
I know of no requirement that an applicant for citizenship be residing in Canada, situate in Canada, or present in Canada, on the date an application for citizenship is made, or that the applicant otherwise sign the application while present in Canada.
I cannot say for sure that
PMM is wrong, or that
Natan is wrong, but so far as I can discern, there is no such overt requirement.
Neither has cited any sources for the proposition, so far as I recall.
I do know that there is NO statutory provision which requires the application be made by a person present in Canada.
The regulation governing what is required to make a citizenship application, Citizenship Regulations, No. 2, Regulation 2, does NOT specify the application be made while present or resident in Canada.
The instruction guide for making an adult citizenship application does NOT state any such requirement.
The IRCC web pages describing eligibility requirements make NO mention of any such requirement.
In reading almost all Federal Court citizenship decisions published in the last decade, I have never seen a case in which the fact that an application was made by someone abroad at the time of making it was a ground for denying the application. I have, however, seen many decisions affirming that the fact of being abroad after applying cannot be grounds for denying the application and cannot be a part of the calculation of time present (but it can otherwise have influence in how the decision-maker weighs evidence of presence).
Finally, I am likewise not aware (despite looking) of any current PDIs which state that a citizenship applicant must be in Canada or residing in Canada at the time the application is made.
One area I have not revisited extensively of late is the FAQs. So I cannot say there is no such proposition stated there. There wasn't the last time I looked but I have not found reason to revisit those in depth lately (particularly recognizing many changes are coming soon).
All of which, however, should not be construed to diminish the RISKS involved, the serious risks, which will indeed most likely affect how the application is processed and how long it takes.
For the prospective applicant abroad for a clearly temporary reason, whether to apply while still abroad or wait is a personal decision. Anyone abroad while the application is in process, even if temporarily abroad, still faces the logistical risks. Assuming the applicant is confident about handling the logistical risks (getting notices in time to respond, for example, including returning to Canada for test and interview on short notice), going abroad after applying for a clearly temporary reason should only moderately elevate risks. Hard to forecast the impact of being abroad, for a clearly temporary purpose, at the time the application is made.
