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free

Star Member
Sep 30, 2008
144
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why RQ asks about the trips even after 1095 days ?we receive RQ after 1095 is completed ,but still CIC asks us to give info about the most recent trips we take.why it matters?suppose that somebody travelled many times after sending his application.why it matters?I saw some people changed their residential or mailing address without telling CIC,or they give wrong address in the beginning .could it be a reason?any case you know?
 
There are at least 2 residence tests that citizenship judge may choose to assess "residence" for the purpose of granting citizenship-- qualitative and quantitative, but there's only 1 RQ form. Qualitative test looks for quality of ties to Canada, and based on this test citizenship may be awarded to those who spent less than 1095 days in Canada prior applying (it's not always possible to accumulate 1095 days in 4 years, in certain occupations). Therefore ties to Canada should be examined and that would include periods after application. I must add that at least now qualitative test can be applied by judge only after quantitative (1095 or more days of physical presence) fails.

http://immigrationlawbc.com/judicial-division-on-%E2%80%9Cresidency-test%E2%80%9D-for-canadian-citizenship-continues/

"As previously written in this space, the current Canadian Citizenship Act requires that a Canadian permanent resident have at least three years of residence in Canada in the four year period immediately before a citizenship application is made, among other things, to be eligible to apply for Canadian citizenship. However, “residence” is not defined in the current legislation. This lack of definition has led to multiple judicial tests of “residency”, one requiring physical presence (a quantitative test), the other looking at “constructive” residence (a qualitative test), which is sometimes referred to as the Koo test. In turn, that has created an unsatisfactory state in the law."

Plus a judge must be sure that at an oath time an applicant still complies with PR residency requirements to be eligible for citizenship, which may become in question keeping in mind lengthy processing times to finalize applications. In some cases information about residency after application date may help to ensure that judge can draw a decision.
 
EasyRider said:
There are at least 2 residence tests that citizenship judge may choose to assess "residence" for the purpose of granting citizenship-- qualitative and quantitative, but there's only 1 RQ form. Qualitative test looks for quality of ties to Canada, and based on this test citizenship may be awarded to those who spent less than 1095 days in Canada prior applying (it's not always possible to accumulate 1095 days in 4 years, in certain occupations). Therefore ties to Canada should be examined and that would include periods after application. I must add that at least now qualitative test can be applied by judge only after quantitative (1095 or more days of physical presence) fails.

http://immigrationlawbc.com/judicial-division-on-%E2%80%9Cresidency-test%E2%80%9D-for-canadian-citizenship-continues/

"As previously written in this space, the current Canadian Citizenship Act requires that a Canadian permanent resident have at least three years of residence in Canada in the four year period immediately before a citizenship application is made, among other things, to be eligible to apply for Canadian citizenship. However, “residence” is not defined in the current legislation. This lack of definition has led to multiple judicial tests of “residency”, one requiring physical presence (a quantitative test), the other looking at “constructive” residence (a qualitative test), which is sometimes referred to as the Koo test. In turn, that has created an unsatisfactory state in the law."

Plus a judge must be sure that at an oath time an applicant still complies with PR residency requirements to be eligible for citizenship, which may become in question keeping in mind lengthy processing times to finalize applications. In some cases information about residency after application date may help to ensure that judge can draw a decision.
thanks for great info.so it means if somebody came to canada and resided here from the beginning as a permanent resident and filled his application but the officer had doubt about his stamps in passport or reasons other than the thing you mentioned above.so he would not receive and RQ that request him to show how many days he was in canada after filling application.is that right?
 
free said:
thanks for great info.so it means if somebody came to canada and resided here from the beginning as a permanent resident and filled his application but the officer had doubt about his stamps in passport or reasons other than the thing you mentioned above.so he would not receive and RQ that request him to show how many days he was in canada after filling application.is that right?

I'm not quite following what are you asking about. RQ can be requested at multiple points-- pre-test RQ from Sydney based on data in application form and supporting documents (was unemployed, suspicious documents etc.), pre-test RQ from local office based on officer's concerns after going through your story, RQ after test/interview based on suspicions arisen during interview, CJ also may request RQ prior approving case if he/she has any issues. In each scenario RQ will ask for travel and home address history to be completed and supported with documents from landing date to the present, which will include time after application date, of course.

One may choose not to provide information beyond application date arguing it's not important for one's case. But it will meet opposition from CIC, for example, in once such case I remember the Minister chose to invoke his right to appeal CJ's decision to grant citizenship to such applicant and return file for review.
 
EasyRider said:
I'm not quite following what are you asking about. RQ can be requested at multiple points-- pre-test RQ from Sydney based on data in application form and supporting documents (was unemployed, suspicious documents etc.), pre-test RQ from local office based on officer's concerns after going through your story, RQ after test/interview based on suspicions arisen during interview, CJ also may request RQ prior approving case if he/she has any issues. In each scenario RQ will ask for travel and home address history to be completed and supported with documents from landing date to the present, which will include time after application date, of course.

One may choose not to provide information beyond application date arguing it's not important for one's case. But it will meet opposition from CIC, for example, in once such case I remember the Minister chose to invoke his right to appeal CJ's decision to grant citizenship to such applicant and return file for review.
i think if the inquiry for residency in canada after application has to do with people who lack physical 1095 presence because of its vague definition or for people who might lose their PR during the citizenship process because of being outside of canada.so officer wanna make sure at least in time of processing till the RQ they are still PR even if they are in canada for second group I think they wanna just make sure their PR is valid.