Leaving Canada for 5 months after applying for citizenship

[Passionate Lover]

Greetings to everyone,
I'm going to leave Canada for 5 months. I was thinking of applying for citizenship as I leave because I meet all requirements. The question is should I apply or should I wait and comeback? I have noticed that the processing time have reduced greatly. I don't wanna be disturbed when I'm outside Canada. Can CIC hold off to my application if I can't make to the citizenship tests or they'll refuse my application for not showing up. Because there is no way I can comeback before 5 months. Please advise me

Thanks in advance.

 

[screech339]

The law as of now expects you to remain in canada during citizenship process with 3 weeks max for vacation time. Staying outside canada for 5 months can be construed as violating "intend to reside" in canada during process.

If it is that important that you stay outside Canada for 5 months, apply for citizenship when you get back.

 

[success2016]

The law as of now expects you to remain in canada during citizenship process with 3 weeks max for vacation time. Staying outside canada for 5 months can be construed as violating "intend to reside" in canada during process.

If it is that important that you stay outside Canada for 5 months, apply for citizenship when you get back.

Where does it say you can only be out of Canada for maximum 3weeks? If over 3 weeks then are you not eligible for citizenship?

 

[punk]

How does CIC even knows you are out of country ?

 

[success2016]

How does CIC even knows you are out of country ?

Doesn't CIC check passport pages for stamps of travel?

 

[Rigly68]

Doesn't CIC check passport pages for stamps of travel?

Yes they will at your interview after test. So if you leave Canada after filing application the officer will see this in our passport.

 

[keesio]

Yes they will at your interview after test. So if you leave Canada after filing application the officer will see this in our passport.

The interviewer also directly asks you if you have traveled outside Canada since you applied.

 

[XpressEnterprise]

According to IRCC, there is no requirement to stay in Canada while they process your citizenship application.

The reason they ask 'Have you traveled outside Canada after applying for citizenship?' is to determine if you still meet Residency Obligations (RO). Official rules state that you MUST be a permanent resident to become a citizen and not just when you apply. So, they just want to make sure you still meet residency obligations before granting you citizenship.

The clause of 'Intent to reside' is not mentioned here in the official source given below. And it also makes sense, at least to me. For example, applicants who apply under Quebec's Economic Class program are asked to sign a Form Imm 0008 (Schedule 5 - Declaration of Intent to Reside in Quebec) while they are still OUTSIDE Canada. You have to sign that form, otherwise your application won't be processed further. So, 'Intent to Reside' is a declaration you are making after being granted citizenship. Before the final decision is made, you are still citizen of another country, so you can travel freely. Just make sure you fall under the eligibility bracket of Residency Obligations.

Official Source : Can I leave Canada after I mail my citizenship application?

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UPDATE : December 17, 2016, 05:27:45 pm

Sorry, but the official source mentioned above seem to be outdated (after Bill C-24 became law). If you go through Intent to Reside source, it states as follow:

Subsection 5(1.1) of the Act states that for the purposes of paragraphs 5(1)(c.1) and 11(1)(e), the person’s intention must be continuous from the date of their application until they have taken the Oath of Citizenship.

Officers will be assessing the applicant’s intention if granted citizenship (i.e. what the applicant intends to do after becoming a citizen). 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.

So apparently, you must reside in Canada during the processing of your citizenship application. This only applies to those who filed their citizenship applications on or after 11 June, 2015.

This sounds ambiguous since you signed and declared your 'Intent to Reside' to officer, how come it's not applicable once citizenship is granted? Shouldn't it come under misrepresentation if you don't intend to reside in Canada in future? and ... Can they not cancel your citizenship at a later stage solely on the basis of you not intending to reside in Canada after becoming citizenship?

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

 

[Singh60]

The law as of now expects you to remain in canada during citizenship process with 3 weeks max for vacation time. Staying outside canada for 5 months can be construed as violating "intend to reside" in canada during process.

If it is that important that you stay outside Canada for 5 months, apply for citizenship when you get back.

Very misleading from senior member.

I don't think anywhere written 3 weeks for vacation, intend to reside doesn't means that you cant go for long vacation or you cant go for better jobs outside Canada.

Intend to reside was very simple that you want to settle permanent in Canada.

 

[keesio]

Very misleading from senior member.

I don't think anywhere written 3 weeks for vacation, intend to reside doesn't means that you cant go for long vacation or you cant go for better jobs outside Canada.

Intend to reside was very simple that you want to settle permanent in Canada.

The big question is how IRCC interprets the rule. There seems to be a fair amount of reports that IRCC tends to apply that vague statement for the time between application submission and from when you take your oath.

Applying for a job outside Canada during this period will certainly be a red flag to IRCC.

 

[success2016]

Xpressenterprise, where does it say you have to remain in Canada during application process? I thought I says somewhere that you can leave Canada after application?

 

[XpressEnterprise]

Xpressenterprise, where does it say you have to remain in Canada during application process? I thought I says somewhere that you can leave Canada after application?

If you are finding it hard to understand 'intent to reside' clauses, you can try applying for citizenship and update your timeline and outcome for the rest of us.

I've provided two sources in my post. Both are official sources and both are contradicting each other

 

[punk]

Yes they will at your interview after test. So if you leave Canada after filing application the officer will see this in our passport.

But interview is the last step isn't. OP will be back by then

 

[keesio]

This sounds ambiguous since you signed and declared your 'Intent to Reside' to officer, how come it's not applicable once citizenship is granted? Shouldn't it come under misrepresentation if you don't intend to reside in Canada in future? and ... Can they not cancel your citizenship at a later stage solely on the basis of you not intending to reside in Canada after becoming citizenship?

It is technically applicable even after citizenship. But IRCC would need to have HARD proof that you were planning on leaving Canada BEFORE you oath date. This would be very hard to prove, hence this rule will likely not be enforced much. But if the applicant was somehow very careless to make it obvious that they have concrete plans (like accepting a permanent job offer abroad during the application process and then moving to Canada right after oath AND somehow IRCC gets proof of this), then I suppose it can be enforced. BUt as you can see, it is highly unlikely.

Hence the "intent to reside" is a bit of a paper tiger rule - sounds good to the people who have a hard line stance on immigration, but really don't have much effect. This was really a political PR move by the Conservatives with no teeth.

 

[screech339]

Very misleading from senior member.

I don't think anywhere written 3 weeks for vacation, intend to reside doesn't means that you cant go for long vacation or you cant go for better jobs outside Canada.

Intend to reside was very simple that you want to settle permanent in Canada.

I may be misleading regarding 3 weeks max, but that is from what most employees have. 3 weeks vacation a year. So going beyond 3 weeks, can be construed as "not really going on vacation" to an agent's point of view.

So sure you can take more than 3 weeks during the year but that can raise concern from agent when they see you been gone longer than expected.