dual residence status and citizenship |
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ab_alireza
New Member Joined: 08 Jul 2010 Location: Edmonton Status: Offline Points: 4 |
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Posted: 08 Jul 2010 at 1:36pm |
Hello there:
I am going to apply for citizenship in a few months, and I have been a permanent resident for the past 5 years and I adequately meet the 1095 days in Canada. My problem is that I also have a US permanent residence status (the Green Card) and I got it almost at the same time as I got my Canadian permanent residency. I did not plan for it as I got lucky and won the DV Lottery. Now in the citizenship application it asks if I have any other permanent resident status with other countries? I have to say yes as i don't want to lie. But does anyone know if having dual residence status will trouble me with Canadian citizenship? will they refuse my application because of that? I appreciate it if anyone who has had a similar problem or knows about the rules can guide me with this. Thank you very much, Alireza
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Beaver
Senior Member Joined: 05 Feb 2010 Status: Offline Points: 406 |
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Your application cannot be refused just because you are a US Green card holder. However your application has a good chance for it getting delayed, because CIC needs to make certain that you have actually been present in Canada for at least 1095 of the four year period before you signed your application. Having a PR status in the US understandably can cause doubt for CIC that you have actually lived in Canada as you will have claimed.
It is therefore important to gather as much documentary evidence/proof of your life here in Canada from the time that you became a PR (Canada) until the last possible moment before you take the test. You don't need to send that along with your application, but only if CIC will ask for them.
If CIC has any doubts about your physical presence, you will be asked to complete a Residence Questionnaire (RQ). This will drastically delay your application. However if all the proof that you have submitted with an RQ satisfies the Immigration Officer about your physical presence, you will be a candidate for citizenship. If not, you will be asked to see a citizenship judge, which will again additionally delay your application. As I have read through the forums here, a Green card holder usually gets an RQ.
I hope this helps.
Edited by Beaver - 08 Jul 2010 at 3:36pm |
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ab_alireza
New Member Joined: 08 Jul 2010 Location: Edmonton Status: Offline Points: 4 |
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Thank you very much Beaver. That certainly helped and eased my mind. Delay is no problem as long as they don't refuse the application just because of that. I can certainly show proofs of residency in Canada as I was in Canada for the whole time.
Thanks a lot for your time and your response. best |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Ditto Beaver.
I suspect it may make a difference which came first . . . but it sounds like you obtained the Green Card after landing as a PR in Canada, so, yeah, that triggers questions about where you really are putting your citizenship roots. But as Beaver indicates, that is cause for more scrutiny, not a denial. The question then is proof of actually being in Canada. A problem underlying this, though, is how easy it is to cross back and forth across the Canadian/U.S. border and skepticism there might be about representations as to time on the Canadian side. If you can back up your time in Canada with documentation, nothing to worry about except the delay inherent in the RQ process. |
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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 |
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aussiepete
Junior Member Joined: 29 Nov 2009 Location: Whitehorse Status: Offline Points: 75 |
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If you got a US green card a and Canadian PR about the same time then how did you meet the resident requirements of both if you have lived in Canada for the last 5 years?
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ab_alireza
New Member Joined: 08 Jul 2010 Location: Edmonton Status: Offline Points: 4 |
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I lived the whole 5 years in Canada. I won the US DV-Lottery (if you have heard of it) when I was in Canada and I applied for it around the same time that I applied for Canadian PR. I got lucky and won in the Lottery. Other a couple of visits to the US (total lest than a month) after I got the GC in 2009, I have spend all the time in Canada and I have no trouble proving that I was in Canada. But actually, whenever I go to the US, the border officer gives me hard time why I am not residing in the US yet and threatens me to take my GC back.
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ab_alireza
New Member Joined: 08 Jul 2010 Location: Edmonton Status: Offline Points: 4 |
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Thanks dpenabill for sharing your experience. I have no trouble providing the proof that I was in Canada since I was a student and couldn't have left Canada without my supervisor and departmental consent. besides, I had no intention to leave Canada while my studies were not finished. So I think I can provide strong enough evidence for that. It only sucks that I will most probably get an RQ and that delays the things a few months. But at least, according to you and Beaver, it won't result in rejection of the application, which is a relief. Thanks.
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Just to be clear, I was sharing my observations based on . . . well a lot of sources but not my personal experience. I am still a PR myself, anxiously looking forward to the process of obtaining Canadian citizenship.
It is not certain that you will get RQ in these circumstances. It is one of the things, though, that seems likely to trigger questions, and for the most part (from reports I have seen in conjunction with the information CIC provides), questions tend to push an app to RQ. To some extent it is a holdover from the old system, in which meeting the PR's residency obligation was in larger part subjective (intent to permanently reside in another country could cause a PR to lose Canadian residency), and likewise the criteria for citizenship included a more dominant subjective component (similarly, evidence of intent to live elsewhere could render one ineligible for citizenship); but it is also still a valid evidentiary indicator under the current system: becoming a permanent resident elsewhere indicates a substantial probability that the individual did indeed live elsewhere and thus a more thorough investigation of their meeting the qualifying requirements is warranted. Edited by dpenabill - 13 Jul 2010 at 12:48am |
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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 |
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