Ray Bava

Hello experts

Can citizenship be refused on the basis that you possess US Residency (or any other
third country residence) even though you may satisfy all other Canadian residency
requirements ?

My sister is a Canadian PR. She recently acquired her US Green Card through family
sponsorship. She has no intention of living in the US. She does intend to make Canada
her home. She only wants to use the Green Card to facilitate entry into US to visit
my mother from time to time. By staying out of the US for a long period and not
living there on a regular basis will make her loose her US residency. She does not
care about it, but not willing to give up her GC status on her own.

Will she encounter any problems when applying for her Canadian citizenship ? By
getting her GC she technically looses her Canadian PR. But if she had no intent to
live in the US and had met all other Canadian residency requirements, can citizenship
be refused ?

Has anyone been in a similar situation ?

Regards, Ray

Hello All

I beg to differ with the reply by "webimmigration"....................

In my opinion (from whatever I understand from experts here), she already has
demonstrated her intention to take up PR in the USA by securing such a status. CIC
would understand such demonstration as a clear intention to abandon Canada as the
place of permanent residence. Currently her Canadian PR itself might be in question.
One of the prerequisites for Canadian Citizenship is that at the time of granting
Canadian Citizenship, PR status should be valid.

Will the CIC come to about it? Yes. There is a question on the citizenship
application. Your sister would have to answer "Yes". If she does not, she might
obtain canadian citizenship but it would have been obtained through
inappropriate means.

Experts such as Andrew Miller might be able to answer your questions
better.................

Ray Bava wrote:

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James Metcalfe

Recently a person came to see me after she was refused Cdn citizenship. She had
applied for CC and when CIC expamined her passport they relaized that she had
obtained a US Green Card as well. The judge requested her to renounce her US Green
card as a condition of her citizenship which she did. Unfortunaely the judge then
refused her for failure to live in Canada for the require 1095 days.

Jim Metcalfe


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[usenetquote2]> > Hello experts[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Can citizenship be refused on the basis that you possess US Residency (or any[/usenetquote2]
[usenetquote2]> > other third country residence) even though you may satisfy all other Canadian[/usenetquote2]
[usenetquote2]> > residency requirements ?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > My sister is a Canadian PR. She recently acquired her US Green Card through[/usenetquote2]
[usenetquote2]> > family sponsorship. She has no intention of living in the US. She does intend to[/usenetquote2]
[usenetquote2]> > make Canada her home. She only wants to use the Green Card to facilitate entry[/usenetquote2]
[usenetquote2]> > into US to visit my mother from time to time. By staying out of the US for a long[/usenetquote2]
[usenetquote2]> > period and not living there on a regular basis will make her loose her US[/usenetquote2]
residency.
[usenetquote2]> > She does not care about it, but not willing to give up her GC status on her own.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Will she encounter any problems when applying for her Canadian[/usenetquote2]
citizenship ?
[usenetquote2]> > By getting her GC she technically looses her Canadian PR. But if she had no[/usenetquote2]
[usenetquote2]> > intent to live in the US and had met all other Canadian residency requirements,[/usenetquote2]
[usenetquote2]> > can citizenship be refused ?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Has anyone been in a similar situation ?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Regards,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Ray[/usenetquote2]

Andrew Miller

Obtaining permanent resident status in another country (in this case US Green Card)
is a clear indication of not only intention to abandon Canada as a place of permanent
residence but also as already abandoning Canada and ceasing to be Canadian PR.
Canadian Citizenship cannot be granted if at any time prior to judge's decision
person ceased to be Canadian PR, period.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending email)
________________________________

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[usenetquote2]> > Hello experts[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Can citizenship be refused on the basis that you possess US Residency (or any[/usenetquote2]
[usenetquote2]> > other third country residence) even though you may satisfy all other Canadian[/usenetquote2]
[usenetquote2]> > residency requirements ?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > My sister is a Canadian PR. She recently acquired her US Green Card through[/usenetquote2]
[usenetquote2]> > family sponsorship. She has no intention of living in the US. She does intend to[/usenetquote2]
[usenetquote2]> > make Canada her home. She only wants to use the Green Card to facilitate entry[/usenetquote2]
[usenetquote2]> > into US to visit my mother from time to time. By staying out of the US for a long[/usenetquote2]
[usenetquote2]> > period and not living there on a regular basis will make her loose her US[/usenetquote2]
[usenetquote2]> > residency. She does not care about it, but not willing to give up her GC status[/usenetquote2]
[usenetquote2]> > on her own.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Will she encounter any problems when applying for her Canadian citizenship[/usenetquote2]
?
[usenetquote2]> > By getting her GC she technically looses her Canadian PR. But if she had no[/usenetquote2]
[usenetquote2]> > intent to live in the US and had met all other Canadian residency requirements,[/usenetquote2]
[usenetquote2]> > can citizenship be refused ?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Has anyone been in a similar situation ?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Regards,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Ray[/usenetquote2]