Leaving Canada after applying for Canadian Citizenship

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jaloops
Posts: 41
Joined: Sun Nov 25, 2012 10:03 am

Leaving Canada after applying for Canadian Citizenship

Post by jaloops » Sun Nov 25, 2012 10:41 am

I recently withdrew my application for Canadian Citizenship after getting a Residence Questionairre. During collection of evidence for proof of my 1095 days in last 4 years, my credit card transactions revealed that I was in US more days than I originally thought (I live close to border and my parents live on US side so naturally I frequently visit them).

Anyway, I am reapplying with fresh application, its fee and all the things they requested in Questionairre upfront (although they don't require until RQ is sent) with a covering letter that I withdrew my app first because of this reason and now I have more than required days and hence providing proof as well. The proof will be a 200 page pile of paper. CIC said its upto me to send it upfront or wait till they send RQ again (which is likely gonna happen and will take another year).

My real question is that if I am fulfilling 1095 days and had my children born in Canada and all the health records for last 4 years etc etc, can I leave Canada for a year if my Husband gets a contract job in US? I am US citizen and naturally would like to accompany him with my kids. Can a citizenship judge refuse me citizenship if they learn that after applying I left the country, even for contractual job for whatever reason for that matter?

nelsona
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Post by nelsona » Mon Nov 26, 2012 10:40 am

The calculation is based on the date of your application. You need to submit the application with a date that gets you to the magic number. What happens after that is irrelevant.

If you have met the required days, then this will not go before a judge. Only applications submitted without the required days (or rejected buy CIC), would go to a judge (if you appealed) and they would determine if you were otherwise eligible.

It sounds like you would have been better off not rescinding your initail application and taking your chances with a judge back then.

If I were you, I would now be statying the exact number of days you need (by your own calculation and proff), and submitting a complete application, and then NOT rescinding it.
Nelsona Non grata. Non pro. Search previous posts. Taking period between now and June off. Will only answer sporadically.

jaloops
Posts: 41
Joined: Sun Nov 25, 2012 10:03 am

Post by jaloops » Mon Nov 26, 2012 10:57 am

So you are saying that I should submit all the proof I have gathered for RQ with the new application. This is what someone else said as well that providing more information than initially asked in application would not harm. I just wanted to know if it will have any negative impact or chances of another RQ or if someone has done like this before. Because normally you just provide what is in the checklist for the applicaiton.

nelsona
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Post by nelsona » Mon Nov 26, 2012 1:15 pm

I'm saying you should answer the questionnaire and take the residency calculator on a day when you know that you satisfy the tests; what happens after that date should not impact your application.

Your residwncy determination will be based on the date you sign the application, which in your case had bst be on the day you run the calculation successfully.
Nelsona Non grata. Non pro. Search previous posts. Taking period between now and June off. Will only answer sporadically.

jaloops
Posts: 41
Joined: Sun Nov 25, 2012 10:03 am

Post by jaloops » Mon Nov 26, 2012 1:44 pm

We have 1200 days cemented. We have all the credit card statements (showing transactions in Canada and US for both me and my husband), medical record, child birth, bank statements, all pages of the US PP with all the entry/exit stamps for overseas travel, even has copies of boarding passes.

I would like to submit all the proof with new application so they can see it upfront.

eortlund
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Joined: Tue Aug 07, 2007 12:18 pm

Post by eortlund » Mon Nov 26, 2012 3:33 pm

Did they say why they sent you a residency questionnaire? We applied for citizenship 18 months ago, I know they received it, but that's all. Hoping for no complications when it's our turn.

jaloops
Posts: 41
Joined: Sun Nov 25, 2012 10:03 am

Post by jaloops » Mon Nov 26, 2012 4:40 pm

No, the letter says that they need proof of 1095. I think we were very random in the first application and just mentioned few trips to US that we stayed longer than a weekend visit to my in-laws. In the RQ, they need each and every entry even it was for a less than 24 hour after the date change at mid night. When we pulled our credit card history we were shocked that we were short by quiet a few days about 50+. So we withdrew the application and now reapplying with 100+ days than required with all the proof.

jaloops
Posts: 41
Joined: Sun Nov 25, 2012 10:03 am

Post by jaloops » Mon Nov 26, 2012 4:47 pm

They also need a consent in that RQ to be signed by us so they can pull border crossing record from CBSA. And we knew that they going to spend another year to reply with a rejection since CBSA record will show more trips to US than we originally mentioned. So went extra mile and confirmed each and every stay and clearly and honestly mentioned and have plenty of days to fullfill their requirement.

Because unless there is a valid reason (mentioned on CIC site) without having 1095 the app is going to be rejected. But when they will inform is anyone's guess. In one case a family had their case in limbo for 16 month after Citizenship Test (they were handed RQ at that point) and eventually were gifted a rejection. So it is highly advisable that you keep everything from day one in a file, get your library record, gym, schooling, bills, home title, mortgage taxes etc etc all at one place so you can show them.

It cost us $500+ just to order copies of statements, doctor's record etc etc. Totally rip off. We learned it the hard way.

eortlund
Posts: 272
Joined: Tue Aug 07, 2007 12:18 pm

Post by eortlund » Mon Nov 26, 2012 6:31 pm

You'd think they would not let it get to the point of the citizenship test if they had questions about residency.

In your case, I hope it goes smoothly from here!

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