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moving to us after citizenship application

lpit

Star Member
Oct 29, 2012
83
9
I am a canadian permanent resident and will accumulate my 1095 days sometime late this year. I am considering submitting my application and then not long after moving to the US (I am unable to get the resources I need for our son diagnosed w/ ASD here, and see a path for it in the US). From reading the CIC website, it seems as long as I don't lose my permanent resident status on re-entering - to say take the citizenship pledge - I should be ok leaving after applying for citizenship.

Questions
  1. What are the requirements for physical presence after applying for citizenship?
  2. Will I / my citizenship application invite trouble if I moved to the US while my citizenship application is in process?

Thanks for your advice!
 

dpenabill

VIP Member
Apr 2, 2010
6,278
3,038
"What are the requirements for physical presence after applying for citizenship?"​

Same as it is for all PRs. 730 days within the previous five years as of any day.

Applying for citizenship has NO effect on a person's PR status, including PR Residency Obligations, unless and not until the oath of citizenship is actually taken and a citizenship certificate is officially issued.

"Will I / my citizenship application invite trouble if I moved to the US while my citizenship application is in process?"​

"Invite trouble" is a very broad concept. There are logistical risks attendant being abroad while the citizenship application is pending. Living abroad while the application is pending may invite decision-makers to ask some questions, make some inquiries, they might not have asked otherwise. Both of these vary widely given individual circumstances.

Applicants are NOT required to be living in Canada while the citizenship application is in process. This does not guarantee a problem-free path. All it means is that IRCC cannot deny a citizenship application on the grounds the applicant has left Canada to live elsewhere.

Many report doing this without a problem. Many have done this and run into problems. Again, the variations mostly depend on individual circumstances. As noted, the biggest risks tend to be logistical, getting notices from IRCC on time, in time to respond to any requests timely, in time to show up as scheduled for events.

Leaving Canada while a citizenship application is pending has been discussed in-depth in many topics. Caveat, there are scores of posts about this relying on logic essentially the same as the following logic: "I drove a 150k on the QEW many times and never got stopped, never got a ticket, so it is OK to drive 150k on the QEW even if the speed limit signs say 100k." (Hint: I have, in extenuating circumstances and not recently, BUT I would never suggest it is OK to drive 40k over the limit, not even close.)

Your personal reason for moving abroad, whether to the U.S. or some other foreign country, is not much if at all relevant. Probably not accurate (and for ASD in particular, may be quite the contrary), btw, but since it is not relevant anyway that does not matter.

One thing you might do to reduce the risks is to WAIT to apply until you have a particularly solid margin above 1095 days, in the range of two to six months perhaps.

Beyond the logistical matter of getting notices, and making trips to Canada for scheduled events on short notice, one potential sticking point can be updating your information. Unlike the way people often "use" an address which is not where they actually live, such as for banking and other accounts, applicants for citizenship are, of course, required to provide IRCC with their actual residential address, the location of the place where they ACTUALLY LIVE. And to keep IRCC updated as to any change in such information. My guess is that among a large number of those who report NO PROBLEM despite moving abroad while the application is pending, many used addresses where they did not actually live or otherwise did not update their information with IRCC. Of the various ways citizenship applicants have often succeeded in getting away with misrepresentations, this is probably one of the more common ways. Still, NOT RECOMMENDED. Downsides to misrepresentation generally way outweigh any convenience gained.





I am a canadian permanent resident and will accumulate my 1095 days sometime late this year. I am considering submitting my application and then not long after moving to the US (I am unable to get the resources I need for our son diagnosed w/ ASD here, and see a path for it in the US). From reading the CIC website, it seems as long as I don't lose my permanent resident status on re-entering - to say take the citizenship pledge - I should be ok leaving after applying for citizenship.

Questions
  1. What are the requirements for physical presence after applying for citizenship?
  2. Will I / my citizenship application invite trouble if I moved to the US while my citizenship application is in process?

Thanks for your advice!