Citizenship Regret

Old Mar 19th 2018, 6:13 pm
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Unhappy Citizenship Regret

Hey everyone

So... I'm posting this with a heavy heart. Basically what's happened is that hubby (British) and I (Canadian) last year decided to move to Canada this spring and I originally intended to apply for British Citizenship first, then Canadian family sponsorship afterwards. Upon booking my NCS appointment, I then realised that I actually don't qualify because I overstayed my original working holidaymaker visa in the month of April 2008 (I left in May 2008). This was because the Home Office call centre told me to apply for an extension of my visa, which I did. I called to chase up the application only to be told whoever I spoke to previously had given me incorrect information and I was now in the country illegally and should leave immediately. We were due to be married in April so I stayed for the wedding, then went back to Canada a couple weeks later and got a spouse visa.

So, as a result of this realization I cancelled my NCS appointment and I was so excited to be going home to Canada, I couldn't bare the thought of waiting for another year (time to apply for BC, then Canadian sponsorship). So we just went ahead and applied for sponsorship, have now been approved and will be moving in the coming months.

However, now that reality has kicked in I'm facing HUGE regrets, to the point it's making me feel depressed, that I didn't just wait and get citizenship first. I'm so scared that I'll one day want to come back to the UK and will have to start from scratch again (spousal visa, etc). What if for some reason in 15 years my husband and I split up and I want to come back to the UK? I won't be able to. I've spent my entire adult life here. I've realised it's also home.

Anyway this is mostly just a venting session as I just don't see any way around it and I just need to give up on the idea of finding a way to get citizenship now that we've been approved for the Canadian sponsorship.

Unless anyone has some magical idea that would make it possible for me to still get citizenship either by coming back for a short while or applying before I leave? However I don't see how the home office wouldn't see that I've sponsored my hubby to move to Canada and I would be refused on those grounds.

Thanks for any input.
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Old Mar 19th 2018, 6:17 pm
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Default Re: Citizenship Regret

Originally Posted by Craddy
Anyway this is mostly just a venting session as I just don't see any way around it and I just need to give up on the idea of finding a way to get citizenship now that we've been approved for the Canadian sponsorship.

Unless anyone has some magical idea that would make it possible for me to still get citizenship either by coming back for a short while or applying before I leave? However I don't see how the home office wouldn't see that I've sponsored my hubby to move to Canada and I would be refused on those grounds.
I've no idea if you are currently eligible for British citizenship or not (the forum pros will hopefully be along to help with that side of things shortly), but presumably you're aware that once your hubby has his Canadian Permanent Residency he can live in the UK with you and still keep it? So if you wanted to stay in the UK until you've got citizenship, you could do.
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Old Mar 19th 2018, 6:33 pm
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Default Re: Citizenship Regret

Hmmm yeah I suppose we'd have to go to Canada and then come back. Is there not a limited time that he can be out of Canada for once he has his PR (which he'll get officially as soon as he lands)?
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Old Mar 19th 2018, 6:46 pm
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Default Re: Citizenship Regret

Also, I cancelled my NCS appointment and never submitted my BC application because I read in the booklet:

Immigration Related Issues
Your application may also be refused if you have been involved in immigration offences
in the last 10 years,

But at the beginning of the document is also says:

• You were not in the UK in breach of the immigration laws during the period of
3 years immediately before applying.


So is it 10 years or 3 years?!
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Old Mar 19th 2018, 7:43 pm
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Default Re: Citizenship Regret

Originally Posted by Craddy
Hmmm yeah I suppose we'd have to go to Canada and then come back. Is there not a limited time that he can be out of Canada for once he has his PR (which he'll get officially as soon as he lands)?
No. As long as he's living with you, a Canadian citizen, that's deemed to be 'time in Canada' for PR residency purposes. So he can stay out of Canada for the next decade if he wants, as long as he's with you.

HTH.
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Old Mar 19th 2018, 8:09 pm
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Default Re: Citizenship Regret

If you’re still in the UK then apply just after the 10th anniversary of your departure in May 2008.
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Old Mar 19th 2018, 9:21 pm
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Default Re: Citizenship Regret

Originally Posted by christmasoompa
No. As long as he's living with you, a Canadian citizen, that's deemed to be 'time in Canada' for PR residency purposes. So he can stay out of Canada for the next decade if he wants, as long as he's with you.

HTH.
That is helpful! Thank you!! Definitely gives me something to think about.
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Old Mar 19th 2018, 9:24 pm
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Default Re: Citizenship Regret

Originally Posted by BritInParis
If you’re still in the UK then apply just after the 10th anniversary of your departure in May 2008.
Yes I’m still in the UK at the moment but one of the requirements for citizenship is that you plan to reside in the UK. If I say I intend to live in Canada for now I’ll get rejected.
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Old Mar 19th 2018, 9:46 pm
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Default Re: Citizenship Regret

Originally Posted by Craddy
Yes I’m still in the UK at the moment but one of the requirements for citizenship is that you plan to reside in the UK. If I say I intend to live in Canada for now I’ll get rejected.
Intentions can change. You do intend to live in the UK. Maybe not forever, but you certainly intend to live there for now.

Part of getting Canadian PR for my partner is that we intend to live in Canada. At the time we applied and when he landed we absolutely intended to live in Canada. Right now, though things are not as cut and dry so it may be a bit longer before we can move.
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Old Mar 19th 2018, 9:57 pm
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Default Re: Citizenship Regret

Originally Posted by Craddy
Yes I’m still in the UK at the moment but one of the requirements for citizenship is that you plan to reside in the UK. If I say I intend to live in Canada for now I’ll get rejected.
Intentions can change. You intend to live in the UK for the time being. Should your Canadian PR be granted at a future date then your intention may change.
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Old Mar 20th 2018, 8:23 am
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Default Re: Citizenship Regret

Originally Posted by Dorothy
Intentions can change. You do intend to live in the UK. Maybe not forever, but you certainly intend to live there for now.

Part of getting Canadian PR for my partner is that we intend to live in Canada. At the time we applied and when he landed we absolutely intended to live in Canada. Right now, though things are not as cut and dry so it may be a bit longer before we can move.
I have booked a one way ticket already... though I could just be going for a recce trip home to check out possibilities. I guess? Hubby has already been granted PR and has to land by November. But I suppose like you said that doesn’t mean we are definitely moving.
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Old Mar 20th 2018, 8:26 am
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Default Re: Citizenship Regret

Originally Posted by BritInParis
Intentions can change. You intend to live in the UK for the time being. Should your Canadian PR be granted at a future date then your intention may change.
Technically PR has been granted but not, I guess, “official” until hubby lands in Canada by November.

If I apply for British citizenship won’t they just pop my name into a computer and see that I’ve sponsored him? In the guidance to the home office for citizenship requests it says if any firm plans are made to move elsewhere that’s grounds for refusal. I could argue that until he lands in Canada it’s not official...
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Old Mar 20th 2018, 8:37 am
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Default Re: Citizenship Regret

Originally Posted by Craddy
Technically PR has been granted but not, I guess, “official” until hubby lands in Canada by November.

If I apply for British citizenship won’t they just pop my name into a computer and see that I’ve sponsored him? In the guidance to the home office for citizenship requests it says if any firm plans are made to move elsewhere that’s grounds for refusal. I could argue that until he lands in Canada it’s not official...
How would UK immigration officials see that you sponsored someone for Canadian immigration? They're different countries with different databases.
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Old Mar 20th 2018, 8:42 am
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Default Re: Citizenship Regret

Originally Posted by Dorothy
How would UK immigration officials see that you sponsored someone for Canadian immigration? They're different countries with different databases.
Well this was my hope lol but I’m worried that there is some sort of data sharing between the two. There could be... maybe? I wish we had some insider info here!!
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Old Mar 20th 2018, 9:17 am
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Default Re: Citizenship Regret

Originally Posted by Craddy
Well this was my hope lol but I’m worried that there is some sort of data sharing between the two. There could be... maybe? I wish we had some insider info here!!
There isn't.
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