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Will 3/5 rule be applied retroactively?

rrajendra

Star Member
Mar 10, 2017
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Will much awaited 3/5 rule applied retroactively?

Another provision of bill C6 "the revocation of intent to live in Canada" was applied retroactively.
 

screech339

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Apr 2, 2013
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Will much awaited 3/5 rule applied retroactively?

Another provision of bill C6 "the revocation of intent to live in Canada" was applied retroactively.
3/5 rule will not be applied retroactively. The 3/5 rule will start on the day it becomes effective.
 

MarceauBletard

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Will much awaited 3/5 rule applied retroactively?

Another provision of bill C6 "the revocation of intent to live in Canada" was applied retroactively.
In other words: "Can I already apply today, knowing 3/5 is coming soon, and will my application be accepted under the 3/5 rule?"
No, it wouldn't be. Because there will be new PDF and documents to print in relation to the 3/5 rule.
 

rrajendra

Star Member
Mar 10, 2017
146
31
3/5 rule will not be applied retroactively. The 3/5 rule will start on the day it becomes effective.
In other words: "Can I already apply today, knowing 3/5 is coming soon, and will my application be accepted under the 3/5 rule?"
No, it wouldn't be. Because there will be new PDF and documents to print in relation to the 3/5 rule.
My question is about those who are stuck in RQs under both 3/4 and 4/6, would not that be great they can be given a break by retroactively applying 3/5 rule?
 

_MK_

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Aug 20, 2014
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My question is about those who are stuck in RQs under both 3/4 and 4/6, would not that be great they can be given a break by retroactively applying 3/5 rule?
If you go in front of a judge he might do that.
Otherwise it is highly unlikely.
 

spyfy

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My question is about those who are stuck in RQs under both 3/4 and 4/6, would not that be great they can be given a break by retroactively applying 3/5 rule?
If you go in front of a judge he might do that.
Otherwise it is highly unlikely.
No, not even a judge can do that. Bill C-6 as passed by parliament does not leave space for such discretion.

14 Paragraphs 5(1)‍(c) and 14(1)‍(a) [note: these are the residency rules] of the Citizenship Act, as they read immediately before the day on which subsection 1(1) comes into force, apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force [that is the fall date] and has not been finally disposed of before the day on which that subsection comes into force.

If you apply before the new rules come into force, your application can only and exclusively assessed according to the 4/6 requirement with no pre-PR credit.
 

Katayoon

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Now it is official - the rule will not be applied retroactively.

My citizenship application is being processed. How will the 2017 legislation changes affect my application?
If we received your completed application before October 11, 2017, then only some of the changes will apply to you.

Language and knowledge requirements
If you were a minor (an applicant between 14 and 17 years of age at the time you applied) you won’t need to meet language requirements or take a knowledge test.

If you were between 18 and 54 years old when you applied, you will still need to meet the language requirement and pass a knowledge test.

If you were between 55 and 64 years old when you applied, you won’t need to meet language requirements or take a knowledge test.

If you have received a notice to appear for a knowledge test or language assessment, IRCC will be contacting you about the next steps in your application.

Time spent in Canada
The changes to the amount of time you must be physically present in Canada do not apply to you. You must meet the physical presence requirements that were in place at the time you submitted your application.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1077&top=5