Canadian24 said:
Can you share any insights/experiences, especially from folks who have successfully got Canadian Citizenship recently, while staying in the US?
I understand as long as you have 1095 days and meet all criteria, you should eventually get your Citizenship. Just that CIC can delay the process by issuing you an RQ?
Any thoughts?
Generally it makes no difference whether an applicant outside Canada is in the U.S. or on another continent, except in terms of the applicant's own logistics in terms of being sure to get notices and appear for scheduled events timely. (For example, an applicant spending time in Buffalo, N.Y. and whose application is being processed in Hamilton, Ontario, should have little logistical difficulty getting to a test on short notice, particularly in contrast to someone on the other side of the planet.)
Overall, there are many elements in play for applicants who go abroad for extended periods while the application is pending, and particularly for applicants living and/or working abroad. Technically time abroad while the application is pending does not factor directly into the residency calculation. Living abroad after applying does not disqualify the applicant (so long as there is continued compliance with PR Residency Obligation).
But extended time abroad can significantly increase the risk that CIC will elevate scrutiny, request additional information or documents, including issuing RQ, which can result in delays in processing and, in close cases, tip the scales negatively. In particular, there are many cases in which it appears clear that CIC and CJs approach applicants living abroad at the least more skeptically.
That said, the impact is far from consistent let alone universal. Anecdotal reports indicate many applicants working abroad after applying, studying abroad or accompanying partners abroad, do
not encounter any particular hurdles at all. They appear for the test and interview, and are scheduled for the oath, and they become citizens.
It is very difficult to identify what factors are likely to trigger CIC's more critical attention to the applicant's post-application life abroad, other than the obvious such as obtaining a Green Card, re-scheduling a test, not returning to Canada for a particularly long time . . . and it is not even clear if there is much consistency in whether these induce CIC to elevate its scrutiny.
Thus, it is risky to live abroad while the application is pending, but it is difficult to define the risks, more difficult to quantify them, and this is another one of those matters for which
it-depends.
Additional observations about being abroad while application is pending:
Clarification regarding the intent to continue residing clause: even after the amended version of section 5(1) comes into force, the amended version, including the intent to reside clause, will
not apply to any application already in process. However, the adoption of this provision last year (but not in force yet) is a rather salient, if not loud signal of the government's attitude toward applicants who, as one Federal Court justice once put it,
apply-on-the-way-to-the-airport.
Hence the risks.
Otherwise, there are many discussions about the potential impact of living outside Canada while the application is in process. Again, makes no difference (except for the applicant's own logistics) whether that is on another continent or in the U.S.
For an applicant living abroad, as
thecoolguysam indicates, there are two primary areas of concern:
-- getting notice of events (such as the test) in time to attend
-- perception by CIC that extended absence potentially indicates questions about meeting the residency requirement, thus the tendency of CIC to elevate scrutiny, make requests for additional information and documents, and including the risk of RQ being issued with its attendant delays and impositions
Beyond that there are various practical and technical aspects in play. Example: technically an applicant is required to report any material change in the information submitted in the application, and where an applicant resides is a material circumstance, so if an applicant is no longer residing (actually living) at the address given in the application, the applicant is obligated to give CIC notice of that change. Many applicants do not. For some, dependent on getting notices timely and being able to appear for the test as scheduled, this does not lead to any problems. But, if CIC suspects an applicant is living abroad and there is any question at all about residency, there is the potential for things like this to colour CIC's perception of the applicant's credibility. Hint: compromised credibility (in CIC's eyes) tends to make things difficult, and short of a dominatingly solid case, this can lead to things going downhill fast.
The instruction to notify CIC if the applicant is traveling abroad, for "two weeks" or longer, is not a mandatory requirement in that there is no consequence for failing to give CIC such notice, except that it may preclude being excused, based on lack of sufficient notice, for failing to appear for an event based on lack of notice. (Similarly as to any failure to timely respond to requests for information or documentation.) And, of course a lengthy time spend abroad indicates residing abroad, for which there is the explicit requirement to notify CIC of material changes in any information submitted in the application.
