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Travel after applying

Canadiangoose

Star Member
Feb 1, 2016
50
7
Hi,

Just wanted to know for how long I can travel after applying with the new intent to reside rule in effect. I wanted to take like 3 weeks of vacation. .
 

Politren

Hero Member
Jan 16, 2015
470
149
This clause is still a big mystery and it all depends how the specific officer who will process your application will look at it.

Even here in this forum you can see how many different opinions have about this clause.

It is very possible every processing officer to have his own interpretation of it just like many other people here.
 

links18

Champion Member
Feb 1, 2006
2,009
128
Canadiangoose said:
Hi,

Just wanted to know for how long I can travel after applying with the new intent to reside rule in effect. I wanted to take like 3 weeks of vacation. .
I can't see how a three week vacation could possibly be interpreted as an abandonment of Canadian residency, provided everything else about you screams Canadian resident: You are not renting out your home; you have Canadian DL's; you posses active health cards, etc.
 

Politren

Hero Member
Jan 16, 2015
470
149
The problem is that they will measure the Intend according to their personal understandings. How a stranger bureaucrat will approach this is only according to his/her perception.

This is the result of a vague clause like Intend to reside.
You know what I mean links18

This clause needs to go!!!
 

nope

Hero Member
Oct 3, 2015
302
52
It's impossible to say. I turned in my application the day before I left on a three month vacation, and my vacation was enough to put me under the necessary number of days. If it had been returned for any reason, I would have had to wait a year to apply. It wasn't, and everything went through with no trouble -- but that was under the old rules.

Personally, I think that 'intent to reside' looks like 'intent to reside' -- and part of the includes going on a vacation without being afraid of how it looks. Just do it, you're a Canadian!
 

Politren

Hero Member
Jan 16, 2015
470
149
CIC has more than 400 decision makers, when we have such thing as measuring the Intend of a person is going directly to the personal perception of each of those decision makers. The law doesn't specify how this should be measured.

Just imagine that thought:
He/she is saying that the reason is only a vacation. Hmmmm.... Maybe he/she is trying to find a new job or a new house while his application is pending...

The above is just an example how dangerous this clause might be in practise.
 

links18

Champion Member
Feb 1, 2006
2,009
128
Politren said:
The problem is that they will measure the Intend according to their personal understandings. How a stranger bureaucrat will approach this is only according to his/her perception.

This is the result of a vague clause like Intend to reside.
You know what I mean links18

This clause needs to go!!!
I agree it should go. But interpreting a three week vacation as an abandonment of residency would be unreasonable. Still, there is nothing to say some citizenship officers aren't unreasonable.
 

dpenabill

VIP Member
Apr 2, 2010
6,299
3,064
A three week holiday abroad will not have any significance in the assessment of a citizenship applicant's qualifications. That said, timing can be a factor. Missing scheduled events can lead to concerns or even suspicions. Missing the oath can result in the application being deemed abandoned. So it is important to timely get communications and be able to appear for scheduled events (tests, interviews, responding to document requests, the oath, and such).

Assertions that IRCC will exercise its discretion capriciously or abusively are hyperbolic. Pure horse pucky some might say.

There are exceptions, isolated incidences, as there is in the decision-making for any large bureaucracy. Applicants make mistakes, like failing to completely and accurately report every trip abroad. Bureaucrats also make mistakes. Stuff happens. While a few isolated incidents have fueled some of the fear-mongering criticism, those criticisms remain largely unfounded, gross exaggerations at best.

Mostly IRCC has a large workforce making a concerted effort to do a difficult job. Some of the decision-making depends on making complicated inferences affected by many diverse factors, and is simply not simple or easy. In contrast, many disagree with some inferences CIC/IRCC has made, failing to recognize that appearance and impression are important; there is this false belief that it is unjust for CIC to have made an inference if the conclusion is not true. That is not how assessing evidence works. CIC/IRCC does not have a crystal ball and cannot know what the truth is for sure. It relies on what the evidence is and what are reasonable inferences based on the evidence. Life, however, does not always follow an obvious path. So inferences can be wrong. CIC/IRCC cannot guarantee to always get it correct. They will sometimes get it wrong. But CIC/IRCC makes a concerted effort to make reasonable inferences, and the idea is this will minimize wrong outcomes.

Nonetheless, remember, the burden of proof is on the applicant. If the applicant's evidence leaves room for variable inferences, that's on the applicant, even if CIC's inference is not correct.


As for the intent-to-continue-to-reside clause, no it is not subject to widely varying interpretations. Claims to the contrary are more of the same red herring malarkey that has been a distraction now for two full years.

Yes, residing abroad while the application is pending is likely to cause a problem if and when IRCC perceives it. Frequent or extended absences might trigger elevated scrutiny. Working abroad will almost certainly trigger elevated scrutiny. This was true long, long before the new law took effect.

But an applicant who has a routine case is not going to encounter problems just because he went abroad for a three week holiday . . . again with the caveat about being sure to get notices from IRCC and being able to appear for scheduled events.
 

Politren

Hero Member
Jan 16, 2015
470
149
Nobody here works for CIC to know how exactly they will evaluate the Intend to reside.

What will happen if the processing officer order a travel record while the applicant is on a vacation and see that the last record is exit?
Should we expect elevated scrutiny or separation on a different pile hence creating delays?
 

links18

Champion Member
Feb 1, 2006
2,009
128
I agree with Dpenabill that there is no need to be a alarmist about things like taking a three week vacation during the processing period, but I also think he is too cavalier in downplaying others' concerns about the intent to reside clause given we have little practical experience about how it will be interpreted and applied in individual cases. Remember the standard really isn't whether one is resident in Canada during the processing period or not--its whether one has the intent during this period to reside in Canada after the oath. Its one thing for an applicant resident in Canada to take a three week trip to catch some sun rays in the dead of winter (a totally Canadian thing to do), but if that applicant were to make local employment inquiries on such a trip--I could see how that might raise concerns about a person's future intent to reside in Canada. Still, absent an applicant actually volunteering that information to IRCC/CIC, how would they ever know?

It is worth noting that in other countries who have had such intent to reside clauses for naturalizing citizens (either now or in the past), such things as moving abroad within one year of becoming a naturalized citizen was considered prima facie evidence of not having had the requisite intent to reside at the time of the oath and was grounds for revocation of citizenship (the US until I think 1994). That has no legally binding effect in Canada, but it is evidence for how some decision makers have interpreted similar requirements and should give us pause before declaring this a non issue/red herring.