One of my friends has a problem.
While he was studying in the US on F1, he applied for Canada Immigration in 99 and got it the same year. He finished his masters in 2000. He then landed in Canada. He then came back to the US after 3 weeks after getting license (he gave his US and got Can license), applied for SIN and medical etc. He went back to the US since he was on practical training in the US and couldn’t find a good job in Can. Then he found a job in the US. He had applied for jobs in Canada but didn’t get a good job so he decided to stay in the US. He worked in the US from Nov 2000 for about a year. From 2000 to Nov 2001 he only visited Canada for 3 weeks in 2001. He then moved to Canada in Dec 2001 after he was laid off. He did not have any problem entering Canada. He told the custom officer that he had only gone a few days back to the US.A few of his other friends were doing the same and advised him that it was OK to do so. While he was in the US, his company sponsored him for H1 and he got it for a period of 3 years. He lived in Canada from Dec 2001 for about 2 years. In March 2003 he applied for PR card and then showed the same that he only left Canada for a few days. He got his PR card. He applied for Canada Citizenship at the end of 2003, after 3 years from the date of his landing. Then he left for his native country due to family problems, and to get married at the end of 2003 after applying for the Citizenship. He thought he would come back for test and oath ceremony.

The problem started when he received the letter for Citizenship test. When he came to Canada to take the test, he was asked to go for detailed customs check. He was stopped for 45 min, and was asked about his immigration, etc. Then he was told by the Customs officer that it was routine thing and he could leave and that it was not going to go any further. He was not given any thing by the customs officer nor was h asked to sign any thing. He took his test. After a few days he came back to his native country. He was even checked by customs on his way back but was told again that it was routine.

He received his oath date a couple of months after the test date.. When he came for his oath, the same thing happened,. He was stopped for a detailed check and then customs asked him to go to the immigration desk but forgot to give him the original customs card. He went to the Immigration, they let him go, and gave him a new customs card. Then when he was leaving, the customs officer asked him “Did the immigration say you could go”. The friend replied, yes and then the officer told him that he could go. He then took his oath a day or two after arriving. He immediately applied for his passport and after receiving his passport, he came back to his native country.

He realized that the problem might be because he wrote that he was present for 3 years while he was only present in Canada for around 20 months at the time of applying his Citizenship. He realized this when he was first stopped when he went for his Citizenship test but he didn’t know what to do. He even asked a consultant about the physical presence, the consultant told him it was Ok to apply since they don’t bother much about it. He also checked with other friends and they told him that they had also gotten it the same way so go head and apply, so he applied. Now he is very sorry and regretting and thinks he should have done it after 3 years of physical presence but it is too late now.
He got married about a year ago but hasn’t told the Canadian immigration about his marriage. He doesn’t know what to do now. He doesn’t have any criminal record. He has the following questions:

Do you think he will have problems when he goes back to Canada, if so, what kind of problems? He was in Canada for about 20 months before applying for Citizenship. He has the Passport.

Do US and Canada share H1 data etc?

If the immigration knew when he went to Canada for his oath then why did they let him take the oath for citizenship?

Should he tell the Consulate in his native country about his marriage. If he has to, then would he need to change his passport since he is not single any more?

What can he do if he has a problem when he goes back to Canada? If they ask him all this, what should he do?

What are the chances he would have a problem?

He has Canadian citizenship now, does he have to be in Canada now or can he go to Canada later when he wants?

Do you think he should contact a lawyer now, or before he goes to Canada?

He needs help since he is very stressed out and doesn’t know what to do. All your help is appreciated. Thank you.

Mr. Massood, can you help in this matter. I am referring to the lawyer Mr. Massood. If any one else is/has been in similar circumstances, could you kindly list your experience/information. Thanks

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Originally posted by soh_hom


Do you think he will have problems when he goes back to Canada, if so, what kind of problems? He was in Canada for about 20 months before applying for Citizenship. He has the Passport.

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Do US and Canada share H1 data etc?

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Should he tell the Consulate in his native country about his marriage. If he has to, then would he need to change his passport since he is not single any more?

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What can he do if he has a problem when he goes back to Canada? If they ask him all this, what should he do?

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Thanks for your reply.

He doesn't have any criminal/other record. He is scared that when he goes back to Can, they might take his Citizenship away since he was questioned a lot when he went for his test and oath ceremony because he was only in Canada for 20 months and showed 3 years (Physical presence for Citizenship-didn't realize at the time of applying for Citizenship). This is the main concern. What about if they can see US immgr data and see that he was working on H1B and was not in Canada. What would they do? Thanks

Hate to be the voice of reason here, but your friend did not follow the rules when it came to gaining citizenship. The fact that the CIC overlooked this does not make it any less illegal. I'm sure there is some rule out there that says that if you gain citizenship under false pretenses, then it CAN be taken away. However don't despair, the CIC has bigger priorities than going after your friend. It seems that your friend doesn't even live in Canada and only uses Canada for the passport. So as long as he doesn't even live there, what's the problem? Tell him to relax; finish the H1B-green card process and live happily ever after in the US. Canada is NOT coming after him.

RD

Thanks for your reply RD. My friend is currently in his native country because he is having some family problems. He is not in the US and not getting his Green card processed. He does want to sponsor his wife in the near future and then live in Canada. That is why he is worried since he wants to live in Canada in the future and thinks he might have some problems.

Not much help has been given here till now on this forum. When we posted this we thought we would get a lot of help here. Any other replies would be highly appreciated. Thanks

(Physical presence for Citizenship-didn't realize at the time of applying for Citizenship).

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IF I AM NOT MISTAKEN ONE HAS TO FILL A FORM WHICH ASK YOU THE PHYSICAL PRESENCE IN CANADA !! ISN'T IT ???

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