My_question_is: Applicable to both US and Canada
Subject: canadian citizenship
Expert: taxman at centa.com
Date: Monday June 26, 2006
Time: 02:59 PM -0700
QUESTION:
Hi David,
My wife is an american citizen and a canadian permanent resident. She wants
to apply for canadian citizenship on her 3 year anniversary and we then
planned to move to the states. Well it turns out the application process
takes 12-15 months!!! Do you know if she can apply before we leave for the
US and then still get her citizenship even after we have moved south?
Yuor help is much appreciatted!
THNX
----------------------------------------
david ingram replies:
Well, you know where to come or send your US and Canadian returns to for the
year you leave the country and I hope your wife has kept her US returns up
to date because she has to continue to file a US return for every year she
lives in Canada.
I have asked xxxxxxxx xxxxxxxx, a member of CSIC to answer the Citizenship
question for you.
--
Yes, this is possible.
Applicants must meet the citizenship requirements the day before filing and
must not lose permanent residence status anytime before being granted
citizenship.
To become a Canadian Citizen, you must be:
· 18 years or older
· a permanent resident of Canada
· living in Canada for at least 3 of 4 years before applying; that would be
1095 days physically in Canada during the four years prior to the date of
application
· speak English or French
· know about Canada
· know about the rights and responsibilities of citizenship
Between the ages of 18 and 54, the applicant must take a citizenship test.
You cannot become a Canadian Citizen if you:
· are under a removal order
· are now charged with an indictable criminal offence
· have been convicted of an indictable criminal offence in the last three
years
· are now in prison, on parole, or on probation
· have been investigated for or been convicted of war crimes
· had your citizenship revoked in the last 5 years
Any day during which an applicant for citizenship resided with the applicant
’s spouse or common-law partner who at the time was a Canadian Citizen and
was employed outside Canada in or with the Canadian Armed Forces or the
public service of Canada or of a province, otherwise than as a locally
engaged person, shall be treated as the equivalent to one day of residence
in Canada.
To maintain permanent residence:
For 730 days in the five year period immediately prior to examination, a
permanent resident must be physically in Canada, or be outside Canada
accompanying a Canadian Citizen or permanent resident, who is their spouse
or common-law partner, or be outside Canada employed by a Canadian business
or in the public service of Canada or of a province, or it is determined by
an officer that there are sufficient humanitarian and compassionate
considerations related to permanent residence taking into account the best
interests of a child directly affected by the decision.
You don’t say if you are a Canadian Citizen, but I will assume that you are.
Therefore, providing that your wife meets the requirements for Citizenship
and has no reason to prevent Citizenship, and providing she meets the
permanent residence requirements which includes being outside Canada with
you, she can leave Canada after applying for Citizenship. Of course, there
isn’t a lot of notice given to sit the Citizenship Test so practically
speaking a degree of flexibility will be required on her part. I hope this
is helpful and please advise if you have further questions.
No one should rely solely on this information. Readers should obtain formal
advice from either a Certified Canadian Immigration Consultant or
Immigration Lawyer. Please see the disclaimer below. ----------------------------------------------
David Ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
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Disclaimer: This question has been answered without detailed information or
consultation and is to be regarded only as general comment. Nothing in
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