CDN Citizenship for Non-Resident PR

[buffalobound1 0]

Hi Friends,

• I am a Canadian citizen & a US PR (10 Year GC)
  
• My Husband is a US Citizen & a Canadian PR
  

We both live and work in the US, and since it's been over 3 years since my husband got his Canadian PR, I was planning on submitting his application for Canadian citizenship now.

I am aware that if a Canadian PR is living outside of Canada with a Canadian Citizen spouse, then residency obligations are exempt for retaining PR.

As I looked through the CIC website and the application, I noticed that in the application there is no place to notify if you (as a PR) have fulfilled your residency obligations (in faith) by way of residing outside of Canada with a Canadian spouse.

I feel like if we submit the application the way it is, it will get rejected because there is no place to include this vital information.

So my questions:

1) Can my husband still apply for his Canadian citizenship given our scenario?

2) How (and where in the application) do we show that he has lived outside of Canada with a Canadian citizen for during the past 3 years and thus fulfilled his residency obligations?

3) Do we need to submit additional documentation to prove that we've been living together? If so, what would be acceptable?

Please advise fellow VJer's

Thank you

[Inky 1,110]

I would guess burdon of proof would be on you. So.. 3 years of proof of living together.

Is there nothing that says to provide proof of any sort? nothing that says to attach an additional sheet for explination etc?

Other then that I dont know, this website deals more with people going to america rather than people going to canada. There are a few here that did go back to canada/move to canada tho.

[Hugglebuggles 60]

Take a look at this if you haven't come across it already: Who Can Apply?

Although I definitely can't say this for sure, my interpretation of it is this: The rules for maintaining permanent residency, and the rules for citizenship eligibility are not one in the same. Although your husband may be able to maintain his PR status based on his relationship with you, to be eligible for Canadian citizenship not only does he need to be a PR of Canada for 3 years, but he also must have been living in Canada for 3 out of the 4 years proceeding the application for citizenship. I am assuming this because they list the two criteria separately: Age, PR Status, Time lived in Canada, language abilities, criminal history, knowledge of Canada.

They have a "citizenship calculator" that may may help you out.

[Kathryn41 3,205]

Yes, you do have to be physically resident in Canada and meet the Residency Requirements in order to be eligible to apply for citizenship. Your husband is able to maintain his PR status because of your status but it does not qualify him to become a citizen. Your best bet would be for you to take out US citizenship and then the two of you move back to Canada until he meets Canadian residency requirements, After that, you are free to live in either country at any time for however long or short you want it to be.

[buffalobound1 0]

Thank you everyone for you responses. This sure saved me from spending the money and submitting the application. It's not an absolute need to get my husband a CDN citizenship anyways due to the PR being renewable so long as we are together.

Peace,

Buffalobound1