Bill C-24, "intention to reside" clarification

[b52shot]

Ok guys,

There have been a lot of discussion and concern related to the clause of "intent to reside". According to the video below, it applies to the period before becoming a citizen, once you become a citizen, you are free to go anywhere. I know the way its written is very confusing and lets you understand it differently but watch this video:

https://www.youtube.com/watch?v=uMoa1vbxRWk&list=FL8TSdlqPX7uHfcrPkHJlbPQ&index=41

 

[chikloo]

Ok guys,

There have been a lot of discussion and concern related to the clause of "intent to reside". According to the video below, it applies to the period before becoming a citizen, once you become a citizen, you are free to go anywhere. I know the way its written is very confusing and lets you understand it differently but watch this video:

https://www.youtube.com/watch?v=uMoa1vbxRWk&list=FL8TSdlqPX7uHfcrPkHJlbPQ&index=41

You may be right but the new application does not reflect the same words as the video. Legally you are bound by the words you accept in the application. So if CIC wants to go after a person leaving the country shortly after oath they can (which I think they won't). It is too much paperwork and a lot of man hours involved.

 

[Deepak K]

Here is the link from CIC which clarify this in details

http://www.cic.gc.ca/english/resources/tools/cit/grant/residence/intention.asp

Applicants must hold this intention to reside if granted citizenship from the time they sign their application to the time they take the Oath

The intent to reside is required to obtain citizenship but no longer applies once citizenship is granted. Once citizenship is granted, a citizen has the right to enter, remain in, and leave Canada as guaranteed by the Charter.

 

[screech339]

The only way CIC can come after the applicant for leaving right after oath is if they have concrete evidence of the applicant's plans on leaving Canada during the Citizenship application process. i.e. bought one way ticket out of Canada before becoming citizen. The applicant has violates the "intend to reside" clause as the applicant NEVER had any intention of residing in Canada.

 

[sjakub]

The only way CIC can come after the applicant for leaving right after oath is if they have concrete evidence of the applicant's plans on leaving Canada during the Citizenship application process. i.e. bought one way ticket out of Canada before becoming citizen. The applicant has violates the "intend to reside" clause as the applicant NEVER had any intention of residing in Canada.

I would be very surprised if buying a one way ticket was considered a "proof" of anything.

 

[screech339]

I would be very surprised if buying a one way ticket was considered a "proof" of anything.

It won't be enough evidence on it own but can be part of a collection of evidences. Accepting job offer before oath, etc etc.

 

[MUFC]

yes indeed , it would be almost impossible to be enforced efficiently because it's about an Intend.

If the wording was "The applicant is Obliged to stay here until the Oath." it would be completely different.

 

[talili76]

So this is my opinion on this new clause, I may be wrong.

1. I don't think the Canadian Government will spend all that time and money to implement this clause as part of the law for it to only apply from date of application to when you receive oath. This is a permanent clause.


2. This clause is one of the easiest things that CRA can use to make you pay your taxes and keep ties in Canada. People would leave after citizenship for either work or go back to home country and report to CRA that they are not a resident to avoid paying tax. Now CRA can find out when you became citizen, then go after you. Either pay up all your taxes and prove you still reside in Canada or lose citizenship. Once you do this, you are free to come and go as you wish.

There are no more grey areas with this clause.

 

[Lux et Veritas]

So this is my opinion on this new clause, I may be wrong.

1. I don't think the Canadian Government will spend all that time and money to implement this clause as part of the law for it to only apply from date of application to when you receive oath. This is a permanent clause.


2. This clause is one of the easiest things that CRA can use to make you pay your taxes and keep ties in Canada. People would leave after citizenship for either work or go back to home country and report to CRA that they are not a resident to avoid paying tax. Now CRA can find out when you became citizen, then go after you. Either pay up all your taxes and prove you still reside in Canada or lose citizenship. Once you do this, you are free to come and go as you wish.

There are no more grey areas with this clause.

Um no there's a flaw in your argument:
Someone could still be resident in Canada and not have to pay taxes to CRA (if they are unemployed etc). Even if they report they are not resident for tax purposes, they could still maintain an address in Canada so long as they are not earning rental income from it.

 

[talili76]

Um no there's a flaw in your argument:
Someone could still be resident in Canada and not have to pay taxes to CRA (if they are unemployed etc). Even if they report they are not resident for tax purposes, they could still maintain an address in Canada so long as they are not earning rental income from it.

When I said 'pay taxes' I really meant file, sorry. Whether you are unemployed or not, you still should file.

And if you are actually gonna admit to CRA that you are not a resident after receiving citizenship, that will be in direct contradiction to your intent to reside clause that you signed. Therefore consequences may or should apply. And if you tell them you have an address in Canada, then the onus is on you to provide proof e.g. rental contracts, paid utilities etc...

And as I said previously, it's an opinion, not an argument.

 

[CanadianCountry]

This flies right in the face pf tneorists who say that "Intent to reside" applies till oath ONLY.

Please answer the posted question:
Q)How does the "Intent to Reside" applies to a candidate who took oath of citizenship, and the next year itself files tax return as a non-resident?

When I said 'pay taxes' I really meant file, sorry. Whether you are unemployed or not, you still should file.

And if you are actually gonna admit to CRA that you are not a resident after receiving citizenship, that will be in direct contradiction to your intent to reside clause that you signed. Therefore consequences may or should apply. And if you tell them you have an address in Canada, then the onus is on you to provide proof e.g. rental contracts, paid utilities etc...

And as I said previously, it's an opinion, not an argument.

 

[talili76]

This flies right in the face pf tneorists who say that "Intent to reside" applies till oath ONLY.

Please answer the posted question:
Q)How does the "Intent to Reside" applies to a candidate who took oath of citizenship, and the next year itself files tax return as a non-resident?

I'm not sure what your question means but I will try to answer. As I said this is just an opinion.

Previously once you received citizenship, your residency status was a non issue for CIC. This was just a CRA issue.

Now, with the intent to reside clause, both are linked and CIC will continue to monitor your residency status and the easiest way to do this is through CRA. You now have to maintain your residency status so your citizenship is not in jeopardy. Once you're considered a resident in the eyes of CRA then you should be good. If CRA tells you based on your circumstances you are classified a non-resident or you admit to them you are a non resident, then your citizenship may come into question.

If you are not sure what classifies you a non resident vs resident in the eyes of CRA, I guess you should make yourself familiar with it. CRA and CIC are linked.

 

[MUFC]

Actually this is my favorite part of the new rules, that CIC now has internal business channel with CRA which will make the process much efficient and RQs will be issued only to those who really deserve it.

 

[talili76]

And also it seems the Intent clause kicks in after oath, not before, based on what is on application form as copied below.

10. INTENTION

I intend, if granted citizenship,

• to continue to reside in Canada;
• to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province,
otherwise than as a locally engaged person; or
• to reside with my spouse or common-law partner, or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the
Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
Yes
I have a mental disability and am incapable of forming the intent referred to above. Note: You must submit supporting evidence.
No – Note: If you select `no', your application will be returned to you as you do not meet the requirements for a grant of citizenship.

 

[MUFC]

CIC should give a little chance to the old people only to be absent from Canada for no more than 190 days per year.

The rest of the people should stay here , because within 48h after the crossing of the border their citizenship will be revoked.

LOL ;D ;D ;D