Leaving the country after applying for citizenship

#1
Hello all,

I am Canadian citizen and I have got a job offer in United States. My wife is not a citizen yet, she will apply right before we leave (she will have 1095 days of being present in Canada).

My question is if she will have any problems in the process. If yes, should she keep the Canadian address even if we will be in United States (my brother is in Toronto so she can use his address)? I mean the driver's license, OHIP card etc.

Any advice is appreciated.
 

bigboy00

Registered Users (C)
#2
I am Canadian citizen and I have got a job offer in United States. My wife is not a citizen yet, she will apply right before we leave (she will have 1095 days of being present in Canada).

My question is if she will have any problems in the process. If yes, should she keep the Canadian address even if we will be in United States (my brother is in Toronto so she can use his address)? I mean the driver's license, OHIP card etc.


Your wife should not have any problems if she has completed the physical presence requirement of the citizenship.

Your address should always be a cdn address, because CIC does not send any correspondence outside of Canada. Neither can you call the CIC from outside of Canada.

Good luck!
 

sharma_rita

Registered Users (C)
#3
Is it OK to leave Canada after applying for citizenship

If a person stays in Canada for 1095 days and if he don't have satisfactory job in Canada which he got in USA and he goes to USA after applying for citizenship.we all know there is no written rule that one should stay in Canada after applying for citizenship after 1095 days.But still can anyone answer following question which may be useful for many of us.

1.If the citizenship application goes to judge will the question rose
"why did you went out of Canada after 3 yrs?" ?
2. will this create problem in getting citizenship bcos Judge will think that staying in Canada for 3 yrs was only to get citizenship?
3.At the time of citizenship test if the officer looks at your passport and see the h1b or any other visa stamp of USA is it likely that cases like this will need to see the judge and is likely to take more time ?.
4.Did any one saw successful cases like mentioned above taking near about same time frame compared to the cases in which the applicant don't leave Canada after applying for citizenship application
 

bigboy00

Registered Users (C)
#4
1.If the citizenship application goes to judge will the question rose
"why did you went out of Canada after 3 yrs?" ?


-- Yes. [But if all paperwork is complete and if all the conditions for the citizenship are met, the application (i.e. in normal cases) does not go to the judge.]

2. will this create problem in getting citizenship bcos Judge will think that staying in Canada for 3 yrs was only to get citizenship?

-- It will not create any problems. If there is no misrepresentation and if all conditions are met, why will there be a problem? If someone thinks this way, that's okay. Once you are following the law, you are fine. Then what others, including the judge, think is irrelevant.

3.At the time of citizenship test if the officer looks at your passport and see the h1b or any other visa stamp of USA is it likely that cases like this will need to see the judge and is likely to take more time ?.

-- Not sure whether it will delay or whether you will be asked to see the judge. In my opinion, it is unlikely. They might need an explanation to prove that you left the country only after satisfying the physical presence test. You should keep that proof.

4.Did any one saw successful cases like mentioned above taking near about same time frame compared to the cases in which the applicant don't leave Canada after applying for citizenship application

-- I think if you browse this site, you might see various posts related to this scenario.
 
#5
asanbulan said:
My question is if she will have any problems in the process. If yes, should she keep the Canadian address even if we will be in United States (my brother is in Toronto so she can use his address)? I mean the driver's license, OHIP card etc.
If you follow recent discussions on www.settlement.org you notice lot of people getting trouble when they show up for citizenship test and their passport has a recent entry stamp or US visa. All of them are required to submit a residence questionnaire to proof they stayed in the country for 3 years, and some/many of them see the judge.
Although getting canadian citizenship for the sake of getting job in US is not a fraud, keep in mind that it is you who has to proof sufficient time spent in Canada, and you need to keep permanent resident status in Canada (2 out of 5 years in Canada - and I know some citizenship processes go beyond three years; keep an address; pay tax; and do not apply for green card).
You should be fine if you can proof residence requirements, just be prepared for some extra loop.
 

sharma_rita

Registered Users (C)
#6
if going out of canada for more than 6 mons ,person still have topay taxes??

After comleting recidency requiremnet if person goes out of USA for more than 6 months , And he keeps only address in canada for mailing purpose ,Do still he needs to pay taxes ?? Can you kindly send the link showing one has to pay taxes even if he is not earning any thing in canada.



eyjeybe said:
If you follow recent discussions on www.settlement.org you notice lot of people getting trouble when they show up for citizenship test and their passport has a recent entry stamp or US visa. All of them are required to submit a residence questionnaire to proof they stayed in the country for 3 years, and some/many of them see the judge.
Although getting canadian citizenship for the sake of getting job in US is not a fraud, keep in mind that it is you who has to proof sufficient time spent in Canada, and you need to keep permanent resident status in Canada (2 out of 5 years in Canada - and I know some citizenship processes go beyond three years; keep an address; pay tax; and do not apply for green card).
You should be fine if you can proof residence requirements, just be prepared for some extra loop.
 

bigboy00

Registered Users (C)
#7
After comleting recidency requiremnet if person goes out of USA for more than 6 months , And he keeps only address in canada for mailing purpose ,Do still he needs to pay taxes ?? Can you kindly send the link showing one has to pay taxes even if he is not earning any thing in canada.

You have to pay taxes only for that part of the year for which you were residing in Canada and of course, if you have any cdn income during that period. That's all. You do not need to file the return otherwise - since immigration law is different than the tax law, as far as the residency is concerned.

Once again, what "eyjeybe" has said is true - that keep all the proofs of your residency in Canada ready, if it is asked. Otherwise, as I have said before, you have nothing to worry if you have fulfilled the requirements for the citizenship.
 
#8
Leaving for India after applying for Canadian Citizenship

We (me and my husband ) are PR holders in Canada. We need to be in India for some significant time but we have been waiting for our Canadian citizenship. It's been delayed for a long time. I would like to know your views on it.

We applied for Canadian citizenship in Sept 2008.
My husband wrote the exam in Jan. 2010. My husband got an RQ which he submitted in jan. 2010.
I wrote exam in March 2011.

We have been trying to check our status online and even through MP office . But we just get status : file in progress.

Not sure how much time it will take.

Also, if we go to India during this time and stay there , will it affect the application ?

Can we go to India, keep our Canadian house/address and keep paying Canadian taxes /dues etc. . And we come back to Canada when we are called for oath ?
 
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