Citizenship and PRTD

[dido123]

Hello all,
I'm a little bit confused,
I stayed in Canada with my family from 2005 till 2010,We applied for citizenship in 2008 and we paid the fees, Also we received the test books ,We left Canada in 2010 due a critical issue,
We stayed in our home country till 2014 due the car accident and the father was in coma for 1 year,
Now when we applied for the PRTD we got a refusal and we are working on appeal,
My question is ,
Why I must to fill to appeal and I already stayed in Canada for more than 4 years and I applied for the citizenship, I don't want the PR I want ,I want my right in citizenship,
Can anybody help me,

 

[era1521]

Hello all,
I'm a little bit confused,
I stayed in Canada with my family from 2005 till 2010,We applied for citizenship in 2008 and we paid the fees, Also we received the test books ,We left Canada in 2010 due a critical issue,
We stayed in our home country till 2014 due the car accident and the father was in coma for 1 year,
Now when we applied for the PRTD we got a refusal and we are working on appeal,
My question is ,
Why I must to fill to appeal and I already stayed in Canada for more than 4 years and I applied for the citizenship, I don't want the PR I want ,I want my right in citizenship,
Can anybody help me,

What is PRTD? Citizenship is a privilege not a right. To maintain you PR status you should be physically in canada any 3yrs out of 5.
Apart of this, sorry to hear what you went through.

 

[alphazip]

Hello all,
I'm a little bit confused,
I stayed in Canada with my family from 2005 till 2010,We applied for citizenship in 2008 and we paid the fees, Also we received the test books ,We left Canada in 2010 due a critical issue,
We stayed in our home country till 2014 due the car accident and the father was in coma for 1 year,
Now when we applied for the PRTD we got a refusal and we are working on appeal,
My question is ,
Why I must to fill to appeal and I already stayed in Canada for more than 4 years and I applied for the citizenship, I don't want the PR I want ,I want my right in citizenship,
Can anybody help me,

Even if you applied for citizenship, you still needed to comply with the PR requirement of being physically present in Canada for two out of five years. If you were out of Canada for over four years, it's likely that you have lost your status as a Permanent Resident. If that is the case, your citizenship application will be refused and you will have no status in Canada.

 

[alphazip]

What is PRTD? Citizenship is a privilege not a right. To maintain you PR status you should be physically in canada any 3yrs out of 5.
Apart of this, sorry to hear what you went through.

2 out of 5.

 

[dpenabill]

Hello all,
I'm a little bit confused,
I stayed in Canada with my family from 2005 till 2010,We applied for citizenship in 2008 and we paid the fees, Also we received the test books ,We left Canada in 2010 due a critical issue,
We stayed in our home country till 2014 due the car accident and the father was in coma for 1 year,
Now when we applied for the PRTD we got a refusal and we are working on appeal,
My question is ,
Why I must to fill to appeal and I already stayed in Canada for more than 4 years and I applied for the citizenship, I don't want the PR I want ,I want my right in citizenship,
Can anybody help me,

alphazip said it well:

Even if you applied for citizenship, you still needed to comply with the PR requirement of being physically present in Canada for two out of five years. If you were out of Canada for over four years, it's likely that you have lost your status as a Permanent Resident. If that is the case, your citizenship application will be refused and you will have no status in Canada.

I would add, or clarify, that you have not lost your PR status itself until the appeal of the denied application for a PR Travel Document is decided against you. Thus, if your H&C case is strong, strong enough for the appeal to succeed, you may be able to retain your PR status. If you lose the appeal, however, you will then definitively have lost PR status. (Or, if you do not appeal, then your PR status is lost.)

In the meantime your citizenship application is at high risk for being terminated, if it has not already been terminated.

In terms of getting help: you need a Canadian immigration lawyer. While some H&C cases are relatively straight-forward, more are complicated and not easily made.

Overall an applicant for citizenship must be qualified for citizenship as of the day before the application is made, and continue to remain qualified throughout the processing of the application, not just until approval but right up to the moment the oath is taken.

A key qualification, of course, is having valid PR status. Thus, even though the current law does not disqualify an applicant for leaving Canada after applying (law to take effect later this year will give CIC a basis for disqualifying applicants who leave Canada to reside abroad while the application is pending), the applicant must nonetheless maintain his or her PR status, including compliance with the PR Residency Obligation.

 

[Leon]

As others have said, you need the PR in order to be able to gain citizenship. You need to appeal your PR TD based on your family situation as humane and compassionate grounds. If approved, you will be able to return to Canada and renew your PR cards. If you lose the appeal, you lose your PR and your citizenship application too as you can not become a citizen if you are no longer PR.

Your citizenship application may have been considered abandoned if they have tried to contact you at your old address and you have not responded in which case you would have to stay for 4 years according to the new law and then apply again.