PR living out of Canada- Citizenship implications


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jonav   
Member since: Apr 07
Posts: 458
Location:

Post ID: #PID Posted on: 19-06-07 10:36:36

Hi,

Is there anyone on the board or know anyone who was a PR but lived outside Canada because of Canadian employment and got Citizenship later? We work for a Canadian company outside Canada and recently got our PR. As per the rules our stay outside the Canada is counted as stay in Canada (Canadian employer). We intend to apply for our Citizenship after the mandatory 3 yrs period. We intend to travel often to Canada to learn/see/know more of it. Anyone who has been on similar situation? What are the things we can start checking or we should have to apply before citizenship? Do you think staying out of Canada can hamper the chances of getting citizenship? It’s not under our control our employers want us to be on a project outside Canada.

Please share anything you have, we'll appreciate all responses.

Thanks.......................Jona



maniivannan   
Member since: Apr 04
Posts: 53
Location: Mississauga

Post ID: #PID Posted on: 19-06-07 11:33:40

Try this website http://www.centa.com." rel="nofollow">LINK there are lots of archives. David Ingram answers lots of immi related questions. try send an email to and you will get a reply in two days. Good Luck.



maniivannan   
Member since: Apr 04
Posts: 53
Location: Mississauga

Post ID: #PID Posted on: 19-06-07 11:34:47

Dont forget to share with us if you find answer for your Q.



jonav   
Member since: Apr 07
Posts: 458
Location:

Post ID: #PID Posted on: 19-06-07 12:34:35

Thanks for the link. I'm reading the info and if do not get anything will mail him. I'll appreciate if someone who has gone through from similar situation can reply (their personal experience.)

Thanks......................Jona



jonav   
Member since: Apr 07
Posts: 458
Location:

Post ID: #PID Posted on: 19-06-07 14:09:35

Hi,

I checked the site, the most they talk about is tax and its implications. We are not worried of tax implications that our employers takes care of. My question was on Citizenship, paying tax, having bank account, health insurance all shows ties to Canada but the physical presence is outside Canada. What do they see in citizenship application? Our tax ties or our social, physical, emotional ties and loyalty to Canada? Visiting Canada once a year won't help us much in learning culture/or ways of Canadian living. Won't they question that you have never lived in Canada but still want to be a citizen?
Or they don't care for any of this and I'm unnecessary worried...as long as we are legally completing our 3 yrs period...having ties to Canada...physical presence or no presence doesn't matter?

Please help.

Thanks....................Jona



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 19-06-07 14:42:09

Quote:
Originally posted by jonav

Hi,

I checked the site, the most they talk about is tax and its implications. We are not worried of tax implications that our employers takes care of. My question was on Citizenship, paying tax, having bank account, health insurance all shows ties to Canada but the physical presence is outside Canada. What do they see in citizenship application? Our tax ties or our social, physical, emotional ties and loyalty to Canada? Visiting Canada once a year won't help us much in learning culture/or ways of Canadian living. Won't they question that you have never lived in Canada but still want to be a citizen?
Or they don't care for any of this and I'm unnecessary worried...as long as we are legally completing our 3 yrs period...having ties to Canada...physical presence or no presence doesn't matter?

Please help.

Thanks....................Jona



This is my understanding of the law regarding the citizenship but you might want to confirm this with a professional:

Your Canadian employment is able to help you in preserving your PR status but does not help you in getting the citizenship. Physical presence is THE important thing they check, when you apply for the citizenship.



maniivannan   
Member since: Apr 04
Posts: 53
Location: Mississauga

Post ID: #PID Posted on: 19-06-07 18:49:00

Jona, I think you expect somebody pop-up in front of you with exact answer for your question! Unfortunately it is a real life and everybody have to struggle to get anything.

The website i pointed out speaks everything about immigration. David answers most of the question. You need to be lucky. Thats it. This the answer i got when i asked.

QUESTION:

Hi, Mr.Ingram. I have been in your website for few day. Lots of info. Excellent Job. I have been working in US (Detroit) 7 years and I landed in canada on 2003. I have my Indian passport with H1B Stamped. I finished my canadian citizenship test last week. If everything goes well, i will become a canadian citizen within a month. Once I become candadian citizen, what will happen to my H1B visa stamped in my Indian Passport? Do i have to surrender my Indian Passport immediately? if so, How long it will take to get Canadian Passport? Do i have to go for h1b stamping for my canadian passport again? I dont want to go for TN and i would like to stay in H1B.

Thank you in advace.

---------------------------------------------
david ingram replies:

You do not have your Indian Passport taken away when you become a Canadian citizen.

You DO officially lose your Indian Citizenship under Section 9(1) of the Indian Act but no one shows up to take away your Indian passport.

And you can still maintain MOST OF THE status of an Indian citrizen living abroad by applying for the status of OVERSEAS CITIZENSHIP OF INDIA. This is NOT dual citizenship but is 'almost' dual citizenship.

SEE http://www.cgivancouver.com/oci.html for more information.

There is a long wait right now for Canadian passports but you should get it within three months.

Your H1B in the Indian passport should still be valid until you can get your Canadian passport, at which time I presume you would want to transfer it to your Canadian passport. I suggest that you discuss the matter with your company's immigration attorney. The Visa is really the result of your company's application and you should not do anything without their knowledge.

Last, but not least, do not make any moves or decisions based upon this answer. You must deal with your company's lawyer in the matter to maintain your position.


I think cdn_dude is right. I dont want to hit with the truth before i am 100% sure. so take some experts opinion before you come to conclusion. Good luck.



Contributors: jonav(8) maniivannan(7) cdn_dude(3) yellowknife(2) chandresh(2) febpreet(1)



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