Leaving Canada after Oath or DM (Thought Exercise)

[Flandernss]

Thought Exercise.

Situation:

A citizenship applicant (who is on the verge of becoming non-compliant with Permanent Residence Obligation of 730 days in Canada in 5 years) reaches a "Decision Made" on his application, then leaves Canada. The Oath is delayed for several months because of COVID. Upon receiving Oath invitation, the applicant returns to Canada and takes the Oath but doesn't have 730 days in Canada for the past 5 years.

1 - Is his citizenship valid?

2 - What if, he took the Oath while PRO compliant, but left without taking possession of the Certificate? What are his options? (applying for "Proof of Citizenship" abroad maybe? And, with that, then for Canadian passport?)

3 - Can this persona apply for the passport with the Certificate of Oath abroad?

 

[rajkamalmohanram]

Thought Exercise.

Situation:

A citizenship applicant (who is on the verge of becoming non-compliant with Permanent Residence Obligation of 730 days in Canada in 5 years) reaches a "Decision Made" on his application, then leaves Canada. The Oath is delayed for several months because of COVID. Upon receiving Oath invitation, the applicant returns to Canada and takes the Oath but doesn't have 730 days in Canada for the past 5 years.

1 - Is his citizenship valid?

2 - What if, he took the Oath while PRO compliant, but left without taking possession of the Certificate? What are his options? (applying for "Proof of Citizenship" abroad maybe? And, with that, then for Canadian passport?)

The requirements for citizenship (including meeting Residency Obligation of at least 730 days of physical presence in Canada in a 5 year period) has to be met up until the applicant takes oath of citizenship.

https://www.canada.ca/en/immigratio...manuals/canadian-citizenship/grant/adult.html

Requirements maintained until Oath
Subsection 22(6) of the Citizenship Act prohibits a person from taking the Oath of Citizenship if they never met or no longer meet the requirements of the Act. Applicants must then continue to meet all the requirements for the grant of citizenship until the taking of the Oath.
Citizenship officers may refuse an application for grant of citizenship after the application has already been approved if it has been determined that all of the requirements for the grant of citizenship have not been maintained at the time the Oath is to be taken. In these cases, the applicant will not be permitted to take the Oath.

If IRCC finds out that you are not compliant with RO on the day of oath, then they could postpone the ceremony for you and look into your residence in Canada. This is certainly a possibility but I haven't personally read about any of these cases on this forum.

Once you take oath, you are a Canadian citizen and you are no longer bound by the RO.

For a naturalized citizen, you should only apply for Proof of citizenship only if your citizenship certificate is lost, damaged or stolen. Once you take oath of citizenship and send the signed oath form, you'll be mailed a citizenship certificate. You need that citizenship certificate to apply for passport.

If you have to travel urgently, you can request IRCC to expedite your citizenship certificate and apply for an Urgent Passport. I would STRONGLY recommend that you don't leave Canada without getting your passport. If you can't wait for a passport, at least wait until you get your citizenship certificate and you can then leave Canada and apply for Canadian Passport in the Canadian consulate of the country you are traveling to.

Good luck!