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residency obligation

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Lisaphan

Newbie
Feb 23, 2012
3
0
Here is my story. I first landed Canada and got my PR card on Mar 2007. I lived there for more than 3 years (in between I did left for short visit to my home country). Then I applied for Canadian citizen and left Canada for about a year. That time I went back to write a citizenship test, but I was questioned on why staying so long in home country and asked to supply additional documents. I did that and also applied for my second PR card. Again I left Canada. Till now it has been more than 3 years. Now I got a letter from Canada asking me to appear to take oath for citizenship. The following are my questions:
1. Having spending less than a year in Canada in the past 5 years, am I able to re-enter Canada?
2. If I can enter, is it highly likely that I will be questioning again on staying so long outside of Canada, and just come back to take the oath, and lead to a rejection of my application?
one thing to add, the reason I left Canada for so long is to study since I got a scholarship.
Thanks in advance for responding to my concern.
 
You can enter Canada as you are still PR. They might report you for failing the RO but they HAVE TO let you in. I'm not sure if that'll lead to a rejection of your citizenship application as you are already at the oath stage, and the intent to reside clause is not in effect yet, so you should be fine. Once you take oath, failing the PR RO no longer matters as you'll become citizen.

Congratulations!
 
If I remember correctly, if you don't meet the PR residency obligation requirements, your citizenship application can be rejected even up to the oath stage.

http://www.cic.gc.ca/english/citizenship/become-eligibility.asp#status
Permanent resident status
You must have permanent resident (PR) status in Canada. Your PR status must not be in question. That means you must not be:

under review for immigration or fraud reasons, or
under a removal order (an order from Canadian officials to leave Canada).

You do not need to have a PR card to apply for citizenship. If you have a PR card, but it is expired, you can still apply for citizenship.
Click to expand...
 
Hi ZingyDNA,
Thanks for your response. You mentioned that
"You can enter Canada as you are still PR. They might report you for failing the RO but they HAVE TO let you in." If they report my failing the RO, will they take away my PR card? And will the person who handling my citizenship application know?
They need me to bring my PR card to the ceremony. If they take away my PR card, I am sure not going to get citizen certificate.
 
Lisaphan said:
Hi ZingyDNA,
Thanks for your response. You mentioned that
"You can enter Canada as you are still PR. They might report you for failing the RO but they HAVE TO let you in." If they report my failing the RO, will they take away my PR card? And will the person who handling my citizenship application know?
They need me to bring my PR card to the ceremony. If they take away my PR card, I am sure not going to get citizen certificate.
Click to expand...

I don't think they'll take away your PR card as you are still PR, but if they report your failing the RO, they are starting the process of revoking your PR unless you appeal. That means your PR status will be "in question", which according to zardoz's post could make you ineligible for citizenship.

What I'm not sure of , is whether this "PR status not in question" requirement must be met when you apply, or from when you apply all the way to oath... The latter seems to fall into "intent to reside"...
 
ZingyDNA said:
I don't think they'll take away your PR card as you are still PR, but if they report your failing the RO, they are starting the process of revoking your PR unless you appeal. That means your PR status will be "in question", which according to zardoz's post could make you ineligible for citizenship.

What I'm not sure of , is whether this "PR status not in question" requirement must be met when you apply, or from when you apply all the way to oath... The latter seems to fall into "intent to reside"...
Click to expand...
When dealing with immigration and citizenship matters, the courts have gone with the opinion that the "Application" is not just the sending of paperwork but continues through to the complete end of processing, such as "landing" for PR or "taking the oath" for citizenship.
 
Dear Lisaphan,
I'm in a similar situation. Would you please let me know if you went back to Canada to take the oath. Were you able to enter Canada even though your residency obligation had not met at that time. What did the officer do at the port of entry. Do you have any suggestions for me.
Thanks a million for answering my queries.
Take care,
Bbjee
 
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