+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Intent to reside

dpenabill

VIP Member
Apr 2, 2010
6,284
3,046
Thanks for your insightful comment.
I still hold to my point thought that EVEN IF I stay here trying to avoid all risks being scrutinized, I am still likely to get RQ and had long delays because I was frequently traveling abroad (I spent all winters in South America, while my home country is in Europe). If so, I dont see point for me personally to try to be nice to IRCC at last moment and not leave Canada while application is pending. I am afraid they wont appreciate my friendly gesture. Of course, if your profile is otherwise no-risk-suspcious, you should not give them a single reason not to trust you, but this is not the case for me. So, my next winter will be in the south, after I apply in November (or earlier if new law is passed, which I kinda doubt) ,no matter what. I am not giving my life into hands of IRCC and praying that they are not mad at me, I live my life myself.
Key number 1: legitimate, qualified applicants, who follow the rules and properly complete the application, have little or nothing to worry about. IRCC does not have an agenda to deny citizenship for a qualified applicant. If someone in IRCC has reason to question, be concerned about, to challenge the applicant's case, sure IRCC will pursue established practices and procedures to investigate, assess, and verify. That can be onerous for some applicants. But (with some errant exceptions, as is usually the case) IRCC is mostly focused on making a fair determination, granting citizenship to those who qualify, denying citizenship for those who do not, and otherwise ferreting out fraud.

Key number 2: the process is not personal, not driven by emotion. It is not about being nice or not nice. It is not about anyone getting mad and making decisions influenced by that. It is not about what is appreciated or not appreciated.

It is a fact-based, criteria-driven process.

It is important, in this regard, to be cognizant that the burden of proof is entirely on the applicant. So the facts in the fact-based element of the equation, are the facts sufficiently established by the applicant, and IRCC's role is largely to verify those facts.

If a person assessing your application perceives reasons to question some aspect of your application and qualifications, IRCC will follow standard practices and procedures to further investigate, review, analyze, and verify the relevant information. Decisions will be based on what IRCC determines the facts to be according to the applicable criteria, again recognizing that it is the applicant's burden to prove the facts. (In other topics, for example, I have drilled deeply into what happens if IRCC has concerns about the applicant's travel history and the applicant in effect loses the benefit of an inference he or she was in Canada between last documented date of entry and next date of exit . . . proving actual presence in Canada in-between these dates can be difficult if IRCC finds reason to not give the applicant the benefit of such inferences.)

While a legitimate applicant who meets the qualifications has little or no reason to apprehend being treated unfairly, abusively, or capriciously, sure, evidence of extensive and continuing ties abroad, especially any residential or employment ties abroad, will significantly increase the risk of elevated scrutiny, including non-routine processing which may include RQ.

And for so long as the current law applies, there is a residency requirement, at least as of the day prior to making the application through to the day the oath is taken. (Current enforcement of this is unclear, although the applicant for sure must explicitly affirm this intent in the application, it is not clear if there is any follow-up enforcement effort beyond that.)

Without going deeper into the weeds about residency, which can be complicated, each case stands on its own facts, its own circumstances. While extended time in another country can indicate ties inviting reasons to question the applicant's presence, going abroad temporarily while the application is pending, even for months at a time, should not sabotage an otherwise legitimate, qualified application . . . with the caveat that of course the applicant needs to be sure to show up for scheduled events, the test for example, and for sure the oath, recognizing that notice for these may be rather short and getting back to Canada in time could be difficult for some who are abroad.


Prospect of RQ: Overall

It is very difficult to forecast who is likely to be issued RQ these days.

Reported RQs are way, way down. However, this may be due as much to the fact that the number of new applications has been way, way down for nearly two years now (although I expect that it has recently been creeping back toward historical averages). Other factors may include the longer minimum actual physical presence requirement, and the fact that since June 11, 2015 short-fall applicants are definitively NOT eligible (prior to June 11, 2015, PRs could possibly be qualified for citizenship even though they fell short of the 1095 days physical presence threshold, and indeed many did apply falling short). Mostly, though, for multiple reasons the pool of applicants with circumstances giving a reason-to-question the applicant's time in Canada is probably way down, and perhaps that explains why there are so few RQs reported these days.

There are, nonetheless, periodic reports of applicants being RQ'd. How often RQ is currently issued, we don't know.

All that aside, it is clear that the severe criteria employed in 2012, the triage criteria or risk indicators, have been significantly modified and less strictly applied, and have been since sometime in 2013. (The rate of RQ dropped significantly even before the change in requirements in 2015.)

Most recent reports of RQ follow the interview. It is not clear to what extent IRCC has continued the Harper-era triage criteria screening in Sydney since there have been virtually no recent reports of pre-test RQ.



Prospect of RQ: Triage Criteria / the Risk Indicators

Despite rants and whining to the contrary, who gets RQ is fact-based, criteria-driven.

Prior to OB-407, April 2012, the criteria for issuing RQ were known as reasons-to-question-residency. They were broad. They included things like a passport stamp indicating the applicant had recently returned to Canada just in time to attend the test.

OB-407 formalized the criteria for issuing RQ in the File Requirements Checklist, referring to these as the "triage criteria," and sometimes as "risk indicators." The application and the applicant were screened based on these criteria multiple times during the course of processing, first in Sydney, then again in the local office preparation for the interview, and then attendant the interview itself, and again by the Citizenship Officer responsible for making CIC's determination whether to grant citizenship. RQ could be issued following any of these occasions.

We do not know much about the current criteria employed.

Personally, my sense is that the criteria enumerated in OB 407 are quite likely to be the criteria still being used today, subject to some amendments and subject to revised practices in how those are applied. My sense is that it is the latter which has been most revised. What automatically triggered RQ and a residence/presence case before (such as one of the applicant's identification having been issued within three months prior to making the application), now a factor which is evaluated in context with other information.


Prospect of RQ: Frequent travel or extended periods of time outside Canada

It has been a long-standing myth that frequent travel abroad has been something which triggered RQ or at least increased the risk of RQ. There is minimal evidence to support this, except the obvious: the more frequent a person has traveled abroad the greater the risk the travel declarations include a mistake or omission, which definitely increases the risk of RQ. Additionally, the more a person is abroad, the more that evidences significant ties abroad, and of course the more ties an applicant has abroad the more the applicant is at risk for elevated scrutiny.

Infrequent but extended periods of time abroad similarly suggest some ongoing, substantial ties abroad, which of course will increase the risk of elevated scrutiny.

But what we know about actual criteria for RQ employed historically, there has been no direct triggering of RQ based on the frequency or duration of time spent abroad. The particular context and circumstances matter.

I cannot guess what your risk of RQ is. But I can say that other factors, other aspects of your situation and circumstances, are more likely to have a bigger influence in whether or not you are issued RQ than just the amount of time you regularly spend in SA. Basically, it really does come down to whether the circumstances in your case invite questions about the accuracy and completeness of your travel declarations and presence calculation.

Reminder: the biggest risks which arise due to being abroad for an extended period of time while the application is pending are related to missing scheduled events like the test and especially the oath.

There is some leeway. But not a lot. Less for the oath. And the notice for scheduled events can be quite short.
 

dpenabill

VIP Member
Apr 2, 2010
6,284
3,046
After all, someone may fulfill the legal requirements on the day of application, but there is still one more legal requirement which cannot be met until the day of the oath (maintaining PR status until the day of the oath).

Yes, there is still a residency requirement until the intent to reside provision is officially gone, but it is a strange one: it only requires you to be "residing" in Canada on the day you submit your application and until the oath (or to be precise, it requires you to "intend to reside," which may or may not be the same thing as actually residing at a given moment in time). Of course, in all their wisdom--and in spite of them telling us they were strengthening the Citizenship Act by eliminating a vague "residence" requirement and replacing it with a physical presence one--they never defined residence for the purposes of the intent to reside clause leading to the kind of confusion you read in this thread. Is a person studying abroad residing in Canada or not? Maybe, maybe not. It depends on what criteria you use, but there was none ever specified in the law. Therefore, until the intent to reside clause is gone, I would urge the OP to proceed with caution.
Relative to whether IRCC officials might employ some pretense or pretext to subject applicants to additional scrutiny and delays, it is true that it would be difficult to prove that this does not happen beyond the inevitable errant exceptions. And of course my opinion that, other than errant exceptions, employing pretext reasons for issuing RQ or stalling an application is highly unlikely, is a FWIW (for-what-it's-worth) observation. My sense is that those who work at IRCC are about as dedicated to doing their job properly as can be expected of civil servants and that the more severe approach applied to applicants in the Harper-era was top-down driven far more than it was a reflection of attitudes among those doing the work. I do not buy the persistent drone of CIC/IRCC personnel bashing, having seen no justification for those complaints personally or by any of the many persons I personally know who have interacted with CIC and IRCC over the years, and having seen rather few what I would consider credible reports otherwise, recognizing though there have been some credible complaints (consistent with what is to be expected by way of errant exceptions), and separating those complaints based on the top-down driven, more or less systematic approaches employed during the Harper-era.

Nonetheless, the totality of information supports the observation (again, but for some errant exceptions, as is usually the case) that personnel in IRCC are mostly focused on making a fair determination, granting citizenship to those who qualify, denying citizenship for those who do not, and otherwise ferreting out fraud. And thus legitimate, qualified applicants generally have little or no reason to worry about how their application will be handled.

Apart from that, for those who go abroad while the application is in process, and spend an extended period of time abroad, I and others (including you) have recognized and identified some risks they face. And I revisited those some in my previous post above.


Regarding:

" . . . the intent to reside provision . . . to be precise, it requires you to "intend to reside," which may or may not be the same thing as actually residing at a given moment in time . . ."

Despite how often Subsection 5(1)(c.1) in the current Citizenship Act is referred to as an "intent to reside" requirement, overlooking or glossing over the continue to reside element, the part of the provision which applies to the vast majority of applicants (that is Subsection 5(1)(c.1)(i) in the Act) is not complicated or otherwise abstruse. It is one of several specific requirements which must be met on the date the application is made and which the applicant must continue to meet until the oath has been taken.

It requires, in order for the PR to qualify for grant citizenship, that the PR intend, "if granted citizenship, to continue to reside in Canada."

Part of this warrants emphasis, again, as it explicitly requires the PR to have the intent to CONTINUE to reside in Canada. (A person cannot logically intend to continue residing anywhere other than where the person is residing.)

And again, the current law requires the applicant to have this intent the date the application is made, and to continue to have this intent until the oath is taken.

Bringing the discussion to this:

"After all, someone may fulfill the legal requirements on the day of application, but there is still one more legal requirement which cannot be met until the day of the oath (maintaining PR status until the day of the oath)."

Actually, the applicant must continue to meet all the qualifications for citizenship from the date the application is made up to the time the oath is taken.

The obvious one is that the applicant must be a PR on the date the application is signed, and continue to be a PR until the oath is taken. However, the applicant also must not be "under a removal order" (PRs issued a Departure or Removal Order continue to have PR status pending an appeal), and this too must remain the case right up to the taking of the oath. (Additionally, the Minister may suspend processing any application if there are inadmissibility proceedings pending, and a recent Federal Court decision verified this can apply even after IRCC has completed all processing except for the scheduling of the oath.)

The applicant must not be the subject of a probation order on the date the application is made and must continue to not be subject to any probation order right up to the taking of the oath. (See Subsection 22(1)(a)(i) in the Act)

The applicant must not have any charges pending for an indictable offence on the date the application is made and must continue to not be subject to any such charges right up to the taking of the oath. (See Subsection 22(1)(b) in the Act) Thus, for example, an applicant arrested the night before the oath ceremony for driving-while-impaired, or assault in a domestic violence scenario, is no longer qualified and is prohibited from taking the oath . . . even if he is later proven to have been innocent by the way.

In addition to the period of four years prior to the application, the prohibitions for convictions (Subsections 22(2)(b) and 22(3)(b) in the Act) explicitly apply to "the period beginning on the date of the person’s application and ending on the date that he or she would otherwise be granted citizenship or take the oath of citizenship."

Then there is the general prohibition (Subsections 22(6) in the Act), which states:
"Despite anything in this Act, a person shall not take the oath of citizenship if they never met or they no longer meet the requirements of this Act for the grant of citizenship." (emphasis added)

Sure, some of the qualifications are static, determined as of a particular point in time, and will not change, like meeting the actual physical presence requirements, which are based on meeting the presence requirement as of the day before the application is signed. Once met those remain satisfied (albeit only for purposes of that application . . . if for some reason the application is terminated without the applicant becoming a citizen, the PR must then meet the presence requirements as of the date any subsequent application is made, and it will not matter that the PR previously met the presence requirements). Time abroad after applying cannot be subtracted from the time the applicant was present during the relevant time period.

The latter noted, as previously and in other topics discussed, indications of residency ties abroad, or employment or other ties abroad, may invite IRCC to take a closer look at the applicant's declarations related to time in Canada. Living abroad while the application is pending does indicate ongoing ties abroad and thus could trigger non-routine processing, including RQ. And this can in turn result in significant processing time delays.

The actual impact in a given person's case will, of course, depend on the particular circumstances in that individual's case.



Regarding residency:

Any effort to sort residency issues necessarily invites a diversion deep into the weeds. Not going to go there now. Suffice it to say there is no where near the confusion, chaos, or misdirection looming in respect to applying the intent-to-continue-residing-in-Canada requirement as there was given three separate and conflicting tests for assessing residency under the old 3/4 residency rule. There has been no reporting this has been an actual point of contention and this provision is likely to be gone and totally irrelevant soon. Thus, even though this looms as a potential issue for a few current applicants who are living abroad or considering living abroad, there are undoubtedly numerous other factors in their situations which will influence how things go, far more so than complications in interpreting and applying the intent requirement.

That said, I agree that "until the intent to reside clause is gone" there is reason to be cautious about going abroad to live after applying. However, whether or not, and to what extent, an applicant might take risks is a very personal decision, one to be made by the individual with due consideration given to the particular facts and circumstances in that individual's specific situation.
 
Last edited:

links18

Champion Member
Feb 1, 2006
2,009
128
"After all, someone may fulfill the legal requirements on the day of application, but there is still one more legal requirement which cannot be met until the day of the oath (maintaining PR status until the day of the oath)."

Actually, the applicant must continue to meet all the qualifications for citizenship from the date the application is made up to the time the oath is taken.

The obvious one is that the applicant must be a PR on the date the application is signed, and continue to be a PR until the oath is taken. However, the applicant also must not be "under a removal order" (PRs issued a Departure or Removal Order continue to have PR status pending an appeal), and this too must remain the case right up to the taking of the oath. (Additionally, the Minister may suspend processing any application if there are inadmissibility proceedings pending, and a recent Federal Court decision verified this can apply even after IRCC has completed all processing except for the scheduling of the oath.)

The applicant must not be the subject of a probation order on the date the application is made and must continue to not be subject to any probation order right up to the taking of the oath. (See Subsection 22(1)(a)(i) in the Act)

The applicant must not have any charges pending for an indictable offence on the date the application is made and must continue to not be subject to any such charges right up to the taking of the oath. (See Subsection 22(1)(b) in the Act) Thus, for example, an applicant arrested the night before the oath ceremony for driving-while-impaired, or assault in a domestic violence scenario, is no longer qualified and is prohibited from taking the oath . . . even if he is later proven to have been innocent by the way.

In addition to the period of four years prior to the application, the prohibitions for convictions (Subsections 22(2)(b) and 22(3)(b) in the Act) explicitly apply to "the period beginning on the date of the person’s application and ending on the date that he or she would otherwise be granted citizenship or take the oath of citizenship."

Then there is the general prohibition (Subsections 22(6) in the Act), which states:
"Despite anything in this Act, a person shall not take the oath of citizenship if they never met or they no longer meet the requirements of this Act for the grant of citizenship." (emphasis added)
This is of course true, the difference being in regards to the other qualifications you cite is that a malicious or otherwise motivated (or instructed) IRCC officer can actually potentially be an active factor in causing an otherwise qualified applicant to lose PR status, by delaying their application with the purpose of causing that precise outcome to happen (if they have become aware such an applicant is living abroad). Of course, an applicant can frustrate such a course of action, by making sure they continue to meet PR requirements, but that is easier for some than others. I am not bad mouthing IRCC staff, but given the pervasiveness of the cultural attitude that naturalized citizens (or potentially naturalized citizens) who move abroad are somehow stealing something they don't really deserve--an attitude that during the Harper years was promulgated, as you say, from the top down, specifically from the Minister and even the PM's office--I think this situation probably occurred a little more often than those who want to defend the professionalism of IRCC would like to admit. And even though the Cons are no longer in government, I doubt the sentiment described above just went poof into thin air. Heck, you can still read it on these forums.

Regarding residency:

Any effort to sort residency issues necessarily invites a diversion deep into the weeds. Not going to go there now. Suffice it to say there is no where near the confusion, chaos, or misdirection looming in respect to applying the intent-to-continue-residing-in-Canada requirement as there was given three separate and conflicting tests for assessing residency under the old 3/4 residency rule. There has been no reporting this has been an actual point of contention and this provision is likely to be gone and totally irrelevant soon.
Well, that's probably because the intent to reside provision hasn't been in operation long enough for significant legal controversy to arise about its meaning. And since the Libs have vowed to repeal it, and probably aren't enforcing it very much (the flipside of some IRCC officers actively frustrating applications of those living abroad), it probably never will. But, the ambiguity in what it means, introduced at the same time they were supposed to be fixing the confusion over residency, testifies to what a poor piece of legislation C-24 ultimately proved to be.

On "intending to reside" vs. "intending to continue to reside" vs. "actually residing"--well, that is precisely the kind of morass that this clause introduced. Is a person going abroad for two years to study, but not returning to Canada during that time, residing in Canada? Are they intending to continue to reside in Canada if their future plans are undetermined? There is a lot of ground in this clause for an officer to wreck havoc for someone in the OP's situation if they want to.
 

romanbel0

Full Member
Nov 13, 2016
28
11
You two seem to know much more about internal stuff than me, I can only judge by my external understandings. And based on them, I can not believe that the process is "not emotional". This is how it should be in interaction with the state, but it is not. Do you think a police officer on the streets is also "not driven by emotions" and only based on the facts as he should be? Government must be like robots, only following the rules, unless it's a judge, who can make exceptions in favor of a citizen. But we all know well that it is not.
And I personally have seen how Canadian immigration is not emotional already at the immigration stage. When I had an interview at the Embassy in my home country, Madame was getting visibly disturbed by my perceived lack of reverence to her. She instructed me how I must sit in the chair in front of her, then misinterpreted my profession and wrote that I was Non-francophone, even though I spoke French way better than many others I know, who got Francophone. I am sure, she would give me all more hard time if she could. If.
So, I am not going to trust the government and live here trying to guess what is actually in the head of the officer in charge of my file,if he-she cares at all, if yes - positively or negatively. By all my past experience, I conclude that they can not be trusted, so I lead my life without any expectations and according to my own plans. After all, this piece of paper - passport - they can take it back anytime in the future, if they want to, by passing a new bill. Quickly this time. My life, inspiration, education is worth much more than it.
 

picklee

Hero Member
Feb 19, 2017
726
173
Job Offer........
Pre-Assessed..
Hello fox,

I have a small question that might have been asked before so I apologize if it was.
My situation is that I am PR for nearly 3 years and I will have all the days needed in mid-July.
The problem is that I have to go back home for about a year or so (for an unfortunate reason).
Is it possible to apply outside of Canada (as the intention to reside in Canada is waived)?
In case I can't, can I come to Canada for a week or 2 to apply and then again for the exam?

Thank you all
Perhaps your unfortunate reason can be argued on compassionate and humanitarian grounds for processing your application (assuming you meet the other requirements)?
 
  • Like
Reactions: Sharon3101