Bankruptcy while waiting for citizenship

Message Topic Search Topic Options Post Reply Create New Topic Printable Version Translate Topic

Hi everyone, I hope you can help us with this one.
My husband and I have had hit some really rough spots financially over the past couple of years and our debts are joint. He's a Canadian citizen, he sponsored me in early 2005 and I've been a permanent resident since July 2005. I applied for Canadian citizenship in March 2009 and the application has been in process since November 2009 so we're expecting it to be completed within the next four to six months.

As our financial situation seems to be insurmountable and we're being hounded by creditors, we're considering filing for bankruptcy soon. Our biggest worry is whether this will affect my citizenship application. Because of our finances, we're not able to go speak with an immigration lawyer. I hope you can help us answer this...

Thank you!

Author	Message Topic Search Topic Options Post Reply Create New Topic Printable Version Translate Topic
Koryo Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 24 Mar 2010 Status: Offline Points: 2	Post Options Post Reply Quote Koryo Report Post Thanks(0) Quote Reply Topic: Bankruptcy while waiting for citizenship Posted: 24 Mar 2010 at 10:28am
	Hi everyone, I hope you can help us with this one. My husband and I have had hit some really rough spots financially over the past couple of years and our debts are joint. He's a Canadian citizen, he sponsored me in early 2005 and I've been a permanent resident since July 2005. I applied for Canadian citizenship in March 2009 and the application has been in process since November 2009 so we're expecting it to be completed within the next four to six months. As our financial situation seems to be insurmountable and we're being hounded by creditors, we're considering filing for bankruptcy soon. Our biggest worry is whether this will affect my citizenship application. Because of our finances, we're not able to go speak with an immigration lawyer. I hope you can help us answer this... Thank you!

sputnikx Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 30 Nov 2009 Status: Offline Points: 86	Post Options Post Reply Quote sputnikx Report Post Thanks(0) Quote Reply Posted: 24 Mar 2010 at 11:35am
	Citizenship is determined by your residency in Canada. Bankruptcy or your financial situation have no bearing, unless it has a criminal background. According to CIC, you cannot become a citizen if you: have been convicted of an indictable (criminal) offence or an offence under the Citizenship Act in the three years before you apply are currently charged with an indictable offence or an offence under the Citizenship Act are in prison, on parole or on probation are under a removal order (have been ordered by Canadian officials to leave Canada) are under investigation for, are charged with, or have been convicted of a war crime or a crime against humanity or have had your Canadian citizenship taken away in the past five years. here is the reference: http://www.cic.gc.ca/english/citizenship/become-eligibility.asp

Koryo Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 24 Mar 2010 Status: Offline Points: 2	Post Options Post Reply Quote Koryo Report Post Thanks(0) Quote Reply Posted: 24 Mar 2010 at 12:43pm
	Thank you sputnikx, that definitely helps. I looked through the link, I guess now my main concern is that since the bankruptcy won't be discharged for nine months and I'm expecting my citizenship to be finalized within six, if this will have any bearing because the bankruptcy won't have been finalized.

premaman3 Members Profile Send Private Message Find Members Posts Add to Buddy List Average Member Joined: 03 Dec 2009 Status: Offline Points: 255	Post Options Post Reply Quote premaman3 Report Post Thanks(0) Quote Reply Posted: 24 Mar 2010 at 2:01pm
	koryo.....the best thing to do ,just call CIC Sydny,and tell them that ,what the effect will be if you file for bankrubtcy on your citizenship application. the only risk might be there is to hold your application till you are discharged,but I am not sure. so do not take any risk and just call and get the information you need.

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 25 Mar 2010 at 12:55am
	sputnix identified the prohibitinos. Bankruptcy is not one. See the page sputnix linked. See the "prohibitions" listed in item 7 in the application form. See the Citizenship Act itself. Bankruptcy is not an issue relative to eligibility for citizenship. CIC is good about putting this sort of information right up front. Like they do for sponsorships (for which an undischarged bankruptcy does preclude eligibility to sponsor).
	Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions. BTW: Not an expert, not a Can. lawyer, never worked in immigration