CR1/IR1 VISA + Canadian Citizenship Application

[Maverick_TO 2]

Hi All,

 

I am a recent recipient of the CR1/IR1 VISA and as I fill out my Canadian citizenship application, I had a couple of questions - 

(i) Did anyone have the CR1/IR1 VISA issued and stamped in their passport when they applied for Canadian citizenship? If yes, do we list it on the application? Are there any specifics (CR1/IR1 VISA stamp et al) that need to attached with the citizenship application to explain the situation/case?
(ii) When I do activate the CR1/IR1 VISA, will I be questioned about my status in Canada (Canadian Permanent Resident) and the intent to acquire Canadian citizenship at the POE?
(iii) While I believe it's possible to maintain permanent resident status in Canada while waiting on the citizenship as a LPR in the US, are there any nuances and pitfalls that one should be aware of? 

 

@From_CAN_2_US, @Kai G. Llewellyn  I look forward to getting your inputs!

Many thanks!
NK

[Kai G. Llewellyn 838]

i. I had applied for Canadian Citizenship around 1.5 months before I had the IV visa foil inserted into my passport. As part of your Canadian citizenship application, you must declare immigration status both current and past on your application. If you submit your application prior to entering with your IV. Then you would not put your LPR status on your Canadian citizenship application. A visa is not a status after all, you only obtain your LPR status after utilizing that visa. HOWEVER, you do have a duty to disclose to IRCC that you have obtained LPR status in the US once you do use your IV. I did this after entering with my CR-1 visa by sending a message to IRCC using this webform https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx?AspxAutoDetectCookieSupport=1 . Per changes to the Citizenship Act under Bill C-6, you are not required to intend to live in Canada once granted citizenship, nor are you required to live in Canada during its processing. You must maintain your Canadian PR status though, detailed in section iii. See the infographic here https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/act-changes/infographic-2017-2018.html

 

ii. I think its unlikely that you will be questioned about your Canadian PR status at the PoE. If they do question you, mention to them that you are not under obligation to renounce it as Canada allows you to keep the status while living outside of Canada. If they question whether you intend to acquire Canadian citizenship. You can say that you are, but again per changes to the Citizenship Act in Canada you are able to live and work in the US during that process and are not obligated to take up residence in Canada again.

 

iii. Not really. The rule is nice and simple. Basically in a rolling period of five years, you must have been physically present in Canada for 730 days. Note physically present does not equal residence. Any activity or visit to Canada counts towards those days. Equally any time spent in Canada, i.e. an hour, counts as a full day. The 730 days in 5 years rule does not apply if you are living with a Canadian citizen spouse. In terms of pitfalls, basically it's the same as any other Canadian PR, don't make yourself inadmissible...i.e. don't drink and drive! --See here on understanding how PR status is lost https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

It is possible that the IRCC Citizenship officer may highly scrutinize your application on account of your having US LPR status. You need to be prepared for the possibility of a Residency Questionnaire, so please ensure you have substantial documentation which supports that you were physically present in Canada for the required time under the Citizenship Act prior to your application being sent. If you have questions regarding the RQ, please feel free to ask.

 

Regarding travelling between either country, I haven't had any issues. When I enter Canada, I present my Canadian PR card, declare that I live in the US and they let me enter as normal. When returning into the US, I present my endorsed IV and I confirm that I live in the US, they ask what I was doing in Canada (visiting friends/tending to personal matters), and how long I was gone. Never a big deal.

Edited December 22, 2021 by Kai G. Llewellyn

[Maverick_TO 2]

Many thanks for the detailed response @Kai G. Llewellyn 

 

Per your response (i), it seems I wouldn't need to make an entry for the IV VISA foil that was inserted into my passport. However, I held a B1/B2 tourist VISA (issued earlier) that was cancelled upon issuance of the IV VISA. While I agree that the IV VISA doesn't establish LPR status, my rationale was that I'd make the entry for the IV VISA to explain why the end date of the VISA would be different from the original expiration date. I'm on the fence for making an entry for the B1/B2 tourist VISA, but I've made multiple entries on it and per a tweet (attached) I came across recently I've had to rethink about it.