Leaving Canada after RQ submission |
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vefabuyuk
Senior Member Joined: 06 Nov 2012 Status: Offline Points: 333 |
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Posted: 05 Dec 2012 at 5:25pm |
I just want to know what group member things about the following situation that my best friend is having difficulty assessing:
1. Pre-test RQ received and submitted (Nov 2012) a strong proof/supporting documentation provided accounting for his/her residence in Canada.
2. The applicant wants to go abroad for work for 6 months and come back.
3. Does not want to update the address as there is someone living in the current address who can inform the applicant of any mail received from CIC while he/she is away. (Chances of receiving test request within 6 months is slim). If CIC sends an invitation for test, client can fly to Canada to take the test.
4. During the test CIC will see from the stamps that applicant has been abroad.
5. Only 4 years immediately before application is counted in the calculation of residency however this does not appear to be well taken by CIC. (contrary to regulations)
Is it highly risky for the applicant to leave Canada for 6 months?
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From the Phillipines. In Canada since 2003. Architect. Landed in 2008 March.
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SARABC
Senior Member Joined: 01 Dec 2012 Status: Offline Points: 345 |
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Technically it should not be a problem. However, with all that is happening now a days, I'd say it is risky to do so.
Good luck, Sarah
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Applied Feb7th,2012 (Family of 4)
In Process Oct4th,2012 Husband RQ & finger print November 2012 File separated from husband August 2013 Hubby test Oct. 2013 MY test Dec. 2013 Joint oath March 2014 |
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Vancan2012
Senior Member Joined: 11 May 2012 Status: Offline Points: 634 |
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If the applicant already received pre-test RQ, what additional risks can s/he have besides what's already on the application. I am assuming the 6 month absence will not (it shouldn't, unless the applicant has not had 1095 days of physical presence prior to application submission) cause the applicant to be absent for more than 3 years in the last 5 years, as that would be the only risk I can think of.
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vefabuyuk
Senior Member Joined: 06 Nov 2012 Status: Offline Points: 333 |
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Vancan
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From the Phillipines. In Canada since 2003. Architect. Landed in 2008 March.
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vefabuyuk
Senior Member Joined: 06 Nov 2012 Status: Offline Points: 333 |
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Vancan2012,
CIC does not like applicants who leave Canada after applying but I think you are right. It's not that they are gonna ask for a second RQ consisting period from RQ submitted to the test day. But you never know after the test it may lead to an interview with Judge. So 10 months until 'in process' +45 days + 16 months + wait until interview with judge (12 months)+ oath (6 months). |
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From the Phillipines. In Canada since 2003. Architect. Landed in 2008 March.
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chudir bhai
Average Member Joined: 19 Aug 2012 Status: Offline Points: 174 |
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if citizenship law is observed, it will not have any effect on the decision of granting citizenship.
Once your receive an RQ, you are already flagged. it is like you have committed a murder and it doesn't matter if you commit a second one. Scenario 1: person does not have 1095 days in 4 years immediately preceding the application, hence got an RQ. staying for 10 more years following RQ submission will not make it better, does it? No. Law is Law. Never in citizenship act it is said that you have to stay until you are granted citizenship. The worst thing that can happen is that you need to see a judge, but according to the law, i repeat, according to the law they cannot reject your application because you went out for 6 months. Scenario 2:person does have 1095 days or more following the submission of citizenship grant application. According to the law, leaving after RQ submission/application submission does not have effect. does it? CAN ANYONE ACTUALLY SHOW AN ACT IN CITIZENSHIP ACT WHERE IT IS ACTUALLY STATES THAT YOU CANNOT LEAVE AFTER CITIZENSHIP APPLICATION IS SUBMITTED ?? if it holds true you should not leave Canada after application is in file, then it is also true that you cannot go for a vacation - it could be anywhere. that is ridiculous. I would rather see the judge than being in a prison for GOD KNOWS HOW LONG. 16-18 months is just an estimate. nobody knows how long it takes. if you must leave then leave. I will do the same. For all RQ cases, the file analysis template is filled up for the judge to review.. so all cases will eventually go to the judge for final review. Living here for 10 years following RQ will not make things any smoother. The only thing you can potentially help is not have any hearing with the judge. But that could also happen if you leave or do not leave following the interview. The bottom is line is this. if you really have 1095 days or more physical presence in the 4 years following immediately preceding the application, there is nothing to worry about. if you do not have 1095 days, staying here after RQ will make it better? DIDNT THINK SO. Edited by chudir bhai - 06 Dec 2012 at 4:59am |
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chudir bhai
Average Member Joined: 19 Aug 2012 Status: Offline Points: 174 |
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RQ is no longer a special cases, thousands if not more are getting RQ. so taking it easy is the best policy. the majority will not have any issue.
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Vancan2012
Senior Member Joined: 11 May 2012 Status: Offline Points: 634 |
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Indeed. An RQ is the biggest hurdle an applicant can get, as it adds just under 2 years to the already ludicrous processing timeline.
There have been FC cases where legitimate applicants lost their residency after applying for citizenship due to the fact that they didn't fulfill the 2 years out of 5 minimum residency. For anyone planning to go on vacation -or whatever it is that requires them to be out of the country-, ensure that you are always in compliance with this requirement. Also, another thing to keep in mind is the new OB about the application being considered rejected if an applicant misses the second notice of a test/interview or the the first (yes, the first) notice of the oath.
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Vancan2012
Senior Member Joined: 11 May 2012 Status: Offline Points: 634 |
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Just adding to my previous post, the FC cases in question led to the applicants being denied citizenship as they were no longer considered permanent residents and therefore cannot be granted citizenship, although they actually were granted the appeal.
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chudir bhai
Average Member Joined: 19 Aug 2012 Status: Offline Points: 174 |
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i tend to support Vacan2012, if you do need to go out of Canada, make sure you get any letter mailed to you in time and make sure you have 2 years of residence in 5 years.
About OB 476, there is a high chance that and I will not surprised if someone misses the test and get a second RQ. the OB can be found here http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob476.asp |
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