Canada Immigration & Visa Services
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Hello Samar, Is my brother in danger of losing his citizenship?

Question: Hello Samar Sir, My name is Mandeep Kaur & I live in India, Ten years ago, my brothers went to Canada as a refugee and eventually became a Canadian Citizen. When he came as a refugee, he did not disclose his immediate previous residency information to either Canadian or US immigration authorities. And he only lived there for a couple of years. As per my knowledge, he did not have any criminal records. he married with Canadian, but they recently-separated. Now his ex is blackmailing that she is going to inform the Canadian immigration about his past. Is my brother going to have problems with Immigration? I mean, is his Canadian citizenship or his employment opportunities or traveling overseas going to be affected by this?

Answer: Good question, the fact that he lived in another country and did not disclose could be significant depending on his reason for concealing this fact. Was he approved as a refugee claimant or by virtue of a spousal sponsorship? This is really very important now, The Canada Border Services Agency and Canada Immigration take misrepresentation in a serious way but it must be a misrepresentation of a material fact to lead to removal proceedings. Further, except for the most serious of misrepresentations rarely is a revocation of Citizenship pursued by authorities.what and perhaps why he withheld the information are the first two questions your sibling should explain when consulting with a lawyer.

Does my probation time count towards my citizenship file?

Question: Hello Officer, My Name is subhuman and I live in Vancouver B.C.I have a query regarding my Canada citizenship file. I am a permanent resident in Canada for the last 5 years and 2 months.  I want to know regarding my citizenship processing, whether I am eligible to file my citizenship at this time.  I was placed under probation for 20 months, which I completed successfully a year ago.  But, during my probation period, I was again charged, but those charges were withdrawn lately. So my question is, can this period of 20 months probation be counted as residing physically in Canada and qualify towards the time required for a Canada citizenship file.

Answer: This is an excellent question and unfortunately, at this time, you are excluded from applying for Canadian citizenship.  Specifically, the following people are excluded from becoming a citizen for reasons other than failing to meet the residency requirement:

If anyone who is in prison, on probation or parole.

If anyone who has been in prison, on probation or parole for twelve months or more in the past 48 months.

If anyone who got a conviction of an indictable crime or an offence under the Citizenship Act in the three years preceding their file.

If anyone who, at the time of their file, is charged with any offence under the Citizenship Act, or an indictable offence.

If anyone who has been issued a removal order.

If anyone who has been convicted of a crime against humanity or a war crime.

If anyone who is being investigated or has been charged with such crimes anyone whose Canadian citizenship has been revoked in the past five years. You must also be concerned that your conviction could trigger proceedings to revoke your permanent residency status.

Circumstances for Citizenship are not in your favor and your concern now should lie with maintaining your PR.

Thank you for your question.

Hello Mr. Attorney, Can I apply for my passport?

Question: Hello officer. Good Morning, happy new year. My name is John Steve and I am very confused regarding some issues and I do not know whether you can help me. well, sir, I am ready to apply for Canadian citizenship as I am in Canada for more than 3 years. But, recently I discovered that I have a record after I did a police reference check required for a job. It is not really a criminal record, I guess it is something else. Now I do not know whether I am eligible to apply for the passport or not? Thank you, sir.

Answer: Hello John!  happy new year my dear. I will surely help you out but before you apply for a passport, you have to apply for Canadian citizenship first. Only if you are granted citizenship, may you have applied for the Canadian passport.

Certain criminal offenses will prohibit you from qualifying for citizenship. just to clear your record depending on the offense and when you completed any sentence you may be eligible and qualify for a pardon to clear your record.

You must meet certain requirements including In order to apply for Canadian Citizenship

You should be 18 years old or older (minors may also apply for and be granted citizenship).

You must be a permanent resident of Canada and have lived in Canada for three of the four years immediately before applying for citizenship.

You must have knowledge of English or French.

You must have knowledge of Canada and of the responsibilities and privileges of citizenship and not be prohibited from being granted citizenship because of criminal prohibitions, not be under a removal order, or pose a security concern.

I would suggest that you must consult with a legal counsel to make sure you are eligible and your records do not disqualify you at this time.

What is the difference between a Senior Citizen Card and a PR card?

Question: Hello Samar, First of all, I must say that we all at the office enjoy your youtube channels and radio programs immensely. I hope that you may be able to answer my question because this is my second email in the last four weeks. I heard your radio programs many times while driving to the office. let me start now, I am a landed immigrant from New Zealand since 1978. I am still gainfully employed (although I am now 65 and getting Canada Pension). In the near future, I may need to travel overseas to attend a wedding. I have not as yet obtained my Canadian Citizenship, hope to in the very near future but I have my senior citizen card. My question is: do I still need to apply for a permanent residence card? I have called several immigration departments but never get any proper answers. At one point I was told that, as long as I had my card saying that I was a senior citizen that would sufficient when traveling abroad. I feel this is incorrect. Could you please help me with this?

Answer: Thanks, dear, I really appreciate your kindness, well your feelings that a senior citizen card is not the same as having a permanent resident card is correct. Your card proves that you are of a certain age and entitles you to various benefits granted to people over sixty-five. Senior citizen card does not confer your immigration status even though it would be logical to think so because of the title in the card – citizen.

You need to have a permanent residency card to prove that you are a permanent resident of Canada and be able to travel. If you apply immediately for your PR card and mark it as urgent and also attach your flight tickets probably they might escalate your process. Otherwise, being a citizen of New Zealand you do not need a visitor visa to visit Canada and would travel on your passport as long as it is valid of course. Remember though it is not too late to apply for your Canadian citizenship and you should avoid all this in the future.

As a retired Canadian who would like to travel to the United States, how long can I stay in that country before having to return to Canada?

Question: I am a regular reader of your newsletter, I never miss any.I read with great interest. My question is: as a retired Canadian who would like to travel to the United States, how long can I stay in that country before having to return to Canada?

Answer: A: I am glad that you are a one of the best subscribers of our newsletter. Thanks for being a great user. To answer your question accurately it is important that you provide complete information. You have not mention in your question that whether you are a Canadian citizen or a Canadian permanent resident.  This is key because there is a huge difference between the two categories. As a Canadian citizen, retired or not, there are no restrictions on your travel as it relates to your status. You may be abroad for as long as you wish and will not lose your citizenship. There are other non-immigration issues as well that should be considered which are related to your non-resident status for tax purposes etc. If you are a Canadian permanent resident, you have to be mindful of complying with the residency obligations, meaning you cannot be outside of Canada for more than three years in any given five-year period, lest you lose your resident status. Thus, it is to be noted that exceptions like working overseas for a Canadian company clearly do not apply to you as a retiree.  Or, in case you are married to a Canadian citizen who will travel with you, then you are safe. Though, there is great flexibility, but we will advise you to speak with an experienced immigration attorney about your particular case, giving more details. Good luck and safe travels!

I am a full-time Psychology Professor in the US. Do I have a reasonable chance to successfully immigrate to Canada?

Question: I am a Chemistry Professor. Working in the USA my age is 53 years. I am extremely interested in immigrating to Canada. I intend to retire within the next 3 years with a good pension. I wish to be semi-retired and not work full-time. I have no debts and no criminal record. I have a Masters and PhD in the USA and I do not speak French. I have a few books published. Do you think I have a reasonable chance to successfully immigrate to Canada?

Answer: Thank you for your question. Your achievements in terms of education and experience are really appreciable. But most of Canada’s immigration focus is on attracting and settling applicants who will become economically established in Canada in order to be beneficial for Canada's economy, except family class processing and protection of genuine refugee claimants, Canada is very particular about its policy. Let’s put it another way, those applicants who will make an economic contribution to the tax base are those the program is designed to process. This is evidenced in many ways but perhaps best by the desirable age range of 20-29 years of age wherein an applicant scores 100 out of 100 points if within that age group (under the new Express Entry eligibility grid). If older an applicant has penalized five points for each year outside the range. So although you are entitled to apply, be aware that unlike some jurisdictions like Australia, for example, there is no retirement visa category. Good luck!

Why do ghost consultants continue to operate? Do you even need a representative?

Question: I read a lot about “unauthorized representatives/ghost consultants” in the media and I would like to know your opinion on this issue. Why do ghost consultants continue to operate? Do you even need a representative?

Answer: CIC / Minister of Immigration does many announcements in order to aware applicants not to get into the trap of these ghost agents and many efforts are also taken by the Canada immigration government such an initiative is National Immigration Protection Day, which aims to stop ghost agents from exploiting innocent immigrant applicants. But as I have been writing and updating people through many media including social media for a long time, but I think it is not enough and more is needed. Now the question comes how?

One, all paid services regarding the advice, counselling, preparation and presentation before a citizenship, refugee and/or immigration application is filed should be lawfully restricted to authorized representatives. The current legal position is that work prior to an application being filed does not require an authorized representative and it is not unlawful to charge a fee. This is the part where ghost agents’ function because they do everything without lawful consequence and in this way their name get placed on the final product.

Two, Currently the position of the immigration Department’s is that you cannot expect faster processing or a more favorable result with the use of a representative. Does counsel’s work to avoid improperly or incomplete filings not assist in faster processing? Does counsel’s work to effectively and comprehensively present certain legal and factual arguments not lead to a more favorable outcome? Of course they do, each and every day and that reality should be reflected. The public relation campaign focuses on ghost agents and offers no information of how authorized representatives can meaningfully assist. This negative messaging goes a long way to suggesting “anyone” can prepare an immigration application and demeans the highly skilled individuals who help clients throughout the world each day. Again, this opens the door for the unscrupulous to prey on the vulnerable.

Hello Samar, I am your big fan on your youtube channel.

Question: Today I want to ask something very important. My question is, How long can I stay outside my country without losing my citizenship and all other benefits? Presently I am staying in Ontario.

Answer: Thank you for your question. In regards to keep your citizenship status safe, this is not similar to maintaining your residency status, you can not stay outside Canada more than three years out of five to maintain status.

Under the Canada Citizenship law, you are free to go and live wherever you want, for as long as you want, and then come back to Canada without losing the status. But, you will have to check with all the other organizations, Ontario Health Insurance included, that provide you with health and retirement benefits, to see whether there are any restrictions for Canada citizens living overseas, non-residents in Canada for an indefinite period of time.