Citizenship eligibility

[SecularFirst]

Hello Everyone,

I got my permanent residency in Oct 2016 and left Canada in December 2016 to go to school in US. I have been living in US since. Visited Canada for a week during my break last year. My program will end in Dec 2018 and I am planning to work in US on OPT (After F1 visa) for 12 months to acquire experience before moving back to Canada permanently. I want to know when I will be eligible for Citizenship.

Also before getting my PR, I spent two years on PGWP in Canada and spent 19 months on Student visa in Canada. Would I get any credit for that time?
I first came to Canada in JAN 2013 and got PGWP in Sept 2014.
Thank you for your time. Would really appreciate a response.

 

[scylla]

Hello Everyone,

I got my permanent residency in Oct 2016 and left Canada in December 2016 to go to school in US. I have been living in US since. Visited Canada for a week during my break last year. My program will end in Dec 2018 and I am planning to work in US on OPT (After F1 visa) for 12 months to acquire experience before moving back to Canada permanently. I want to know when I will be eligible for Citizenship.

Also before getting my PR, I spent two years on PGWP in Canada and spent 19 months on Student visa in Canada. Would I get any credit for that time?
I first came to Canada in JAN 2013 and got PGWP in Sept 2014.
Thank you for your time. Would really appreciate a response.

The citizenship residency requirement is three years in Canada out of the last five. You'll need to do the math (recommend you use CIC's residency calculator) - however it's quite likely the time before you became a PR won't be useful for citizenship given how much time you've been out of the country since becoming a PR.

To qualify to apply for citizenship, you need at least two years of residency in Canada since you became a PR. You can count pre-PR time, but only at 1/2 day for each day spent in Canada.

If you return to Canada in December 2019 - you'll need to wait at least two years before you'll have enough residency to qualify - and by that time your pre-PR time will be too old to include in the count. So you should assume your pre-PR time won't be of any help.

EDIT: You'll most likely be eligible for citizenship around December 2022.

 

[SecularFirst]

The citizenship residency requirement is three years in Canada out of the last five. You'll need to do the math (recommend you use CIC's residency calculator) - however it's quite likely the time before you became a PR won't be useful for citizenship given how much time you've been out of the country since becoming a PR.

To qualify to apply for citizenship, you need at least two years of residency in Canada since you became a PR. You can count pre-PR time, but only at 1/2 day for each day spent in Canada.

If you return to Canada in December 2019 - you'll need to wait at least two years before you'll have enough residency to qualify - and by that time your pre-PR time will be too old to include in the count. So you should assume your pre-PR time won't be of any help.

EDIT: You'll most likely be eligible for citizenship around December 2022.

Thank you so much for the response.
I am still debating whether to spend 12 months in US or not after my graduation. What if I return to Canada in Dec 2018 and spend two years continuously in Canada, Would I be eligible for citizenship earlier in that case?

 

[SecularFirst]

And Can anyone let me know how to delete a thread. I guess I have started multiple threads on the same topic and cant figure out how to delete them. thanks.

 

[scylla]

Thank you so much for the response.
I am still debating whether to spend 12 months in US or not after my graduation. What if I return to Canada in Dec 2018 and spend two years continuously in Canada, Would I be eligible for citizenship earlier in that case?

Again, you'll need to use the citizenship calculator and do the math. It most likely won't cut that much time off.

Hopefully you're aware that to keep your PR status you must live in Canada for two out of every 5 years in Canada. You'll be cutting it very close if you wait until 2019 to return and once you return, you'll pretty much have to stay here without leaving for 2 straight years to ensure you aren't in violation of the residency requirement.

 

[SecularFirst]

Again, you'll need to use the citizenship calculator and do the math. It most likely won't cut that much time off.

Hopefully you're aware that to keep your PR status you must live in Canada for two out of every 5 years in Canada. You'll be cutting it very close if you wait until 2019 to return and once you return, you'll pretty much have to stay here without leaving for 2 straight years to ensure you aren't in violation of the residency requirement.

Thank you again for the response. My wife has is applying for her express entry and would most likely receive her PR by the end of this year as she had done masters in Canada in 2014 and worked for more than one year in NOC B job, plus she had enough overseas experience and english scores. Her CRS is in above 480. She is currently in US studying on F1. I have also taken a $40k Canadian Govt. student loan for my studies here in states.
Assuming my wife gets her PR by the end of this year and all other factors, would it be little easy for my to enter Canada If I am close to 3 year outside limit or will the border officers take everything in consideration and would let me in?
I dont even mind applying for PR again if they revoke or cancel my PR in future as I am very confident I would be able to pull off enough points based on my previous Canadian studies, Canadian work exp and high demand education here in US. (I am studying dentistry - and will be eligible to practice in Canada), though I will lose few points based on my age. I am 29 currently.
thanks.

 

[scylla]

Assuming my wife gets her PR by the end of this year and all other factors, would it be little easy for my to enter Canada If I am close to 3 year outside limit or will the border officers take everything in consideration and would let me in?
I dont even mind applying for PR again if they revoke or cancel my PR in future as I am very confident I would be able to pull off enough points based on my previous Canadian studies, Canadian work exp and high demand education here in US. (I am studying dentistry - and will be eligible to practice in Canada), though I will lose few points based on my age. I am 29 currently.
thanks.

You will be allowed back into Canada. If CBSA believes you don't meet the residency requirement, it's possible they could report you in which case you would have to either show you do meet the residency requirement or appear at a hearing to argue why you should be allowed to keep your status although you haven't met the residency requirement. Note that studying / working outside of Canada is not accepted as an H&C reason for having failed to meet RO.

The fact your wife has been accepted as a PR is in no way related.

 

[SecularFirst]

You will be allowed back into Canada. If CBSA believes you don't meet the residency requirement, it's possible they could report you in which case you would have to either show you do meet the residency requirement or appear at a hearing to argue why you should be allowed to keep your status although you haven't met the residency requirement. Note that studying / working outside of Canada is not accepted as an H&C reason for having failed to meet RO.

The fact your wife has been accepted as a PR is in no way related.

Ok. Thank you so much for the clear response.

 

[SecularFirst]

You will be allowed back into Canada. If CBSA believes you don't meet the residency requirement, it's possible they could report you in which case you would have to either show you do meet the residency requirement or appear at a hearing to argue why you should be allowed to keep your status although you haven't met the residency requirement. Note that studying / working outside of Canada is not accepted as an H&C reason for having failed to meet RO.

The fact your wife has been accepted as a PR is in no way related.

One last question, if anyone has lost the appeal at the hearing for failure to meet RO, can they apply for Work permit based on PR spouse and child living in Canada and if they have LMIA while in Canada?

 

[Buletruck]

Easier solution might be to have your wife sponsor you again inland if you lost an appeal (might even be quicker just to reapply, rather than appeal if reported).

 

[scylla]

One last question, if anyone has lost the appeal at the hearing for failure to meet RO, can they apply for Work permit based on PR spouse and child living in Canada and if they have LMIA while in Canada?

You don't qualify for a work permit simply by having a spouse in Canada who is a PR.

Your spouse would need to sponsor you for PR inland (both of you must be in Canada for this to happen) and include an open work permit with the application. The OWP will be approved around 4 months after the application is submitted.

Your question about the LMIA doesn't make sense. PRs don't require LMIAs.

 

[SecularFirst]

Easier solution might be to have your wife sponsor you again inland if you lost an appeal (might even be quicker just to reapply, rather than appeal if reported).

I have just got my nexus card approved last week. Do they report you if you enter using nexus lane and at a close cut off to RO?

 

[SecularFirst]

You don't qualify for a work permit simply by having a spouse in Canada who is a PR.

Your spouse would need to sponsor you for PR inland (both of you must be in Canada for this to happen) and include an open work permit with the application. The OWP will be approved around 4 months after the application is submitted.

Your question about the LMIA doesn't make sense. PRs don't require LMIAs.

I would rather renounce the PR and apply WP with LMIA or Express Entry PR whenever I am ready to move back to Canada. There are many dental offices and Canada dental corp chain in Canada need dentists badly esp in mid size cities and towns and I can look for sponsorship for LMIA etc.
Or may be US change its Green card rules by then. Will see.
Thank you so much for the response and sharing knowledge. Learnt a lot.

 

[canuck78]

Not sure you would get an LMIA as a dentist. Maybe in a really remote location or Atlantic provinces or up north. Large cities definitely have too many dentist. Many medium sized cities as well. The smaller communities often can't support a dental office unless there is a cluster of them not too far apart and there is an industry that provides jobs with benefits. Talking to a friend recently who is a new graduate. He is leaving Ontario and hoping to find a position on Vancouver Island. Just trying to be real. If need to you should apply for inland spousal sponsorship with owp. Fastest way to get a owp.

 

[keesio]

I have just got my nexus card approved last week. Do they report you if you enter using nexus lane and at a close cut off to RO?

NEXUS lane can flag you to go to secondary if anything seems amiss. It can detect that your last exit from Canada was a year ago and that could be enough to flag you to talk to someone.