What source is the following information based on?
- A press conference given by the minister himself on October 4, 2017 in Brampton
- Bill C-6 as passed by parliament in June 2017
- Here is the news release: https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/10/government_of_canadaimplementsnewlegislativechangestothecitizens.html
Which changes will come into effect on Oct 11, 2017?
- You need to be present in Canada for 3 out of 5 years to be eligible.
- You can count days before becoming a Permanent Resident, but they only count as half-days and you can gain at most a year of pre-PR credit (730 half-days = 365 full days is the maximum)
- You need to have fulfilled the tax filing requirements during three years
- You only need proof of language and pass the knowledge test if you are ages 18 to 54
- There used to be an additional provision that you had to have several years in which you were present at least 183 days. That additional provision is gone.
- Note that the "intend to reside" clause has been gone since June already.
Can I use the current forms to apply?
No, you have to wait for the new forms. If you apply as a 3/5 person with the old forms, your application will be refused. You can still apply with the old forms, but you will be assessed according to the 4/6 rule (see below).
When will the new forms be available?
On October 11 the latest, on the IRCC website. Rest assured that there will be about 50 posts in this forum once the new forms become available
Does that mean currently pending applications are now assessed according to 3/5?
No, what counts is not the regulations the day "IRCC opens your envelope". It is exclusively the regulations that were in force the day you sent the application. So all pending applications as of today and all applications sent in before October 11 will be assessed according to the old rules!
Do I now need police certificates only for the last three years?
The police certificate threshold ("have you been present in another country for more than 183 days in the previous four years") is independent from all the rule changes above. There has been no indication by IRCC that they intent to change the regulations regarding police certificates. So you should expect that four years is still the rule.
How does the tax filing requirement work, do I have to have three tax returns filed?
No, it does not say "You must have filed three tax returns". It says "In at least three of the past years, IF you were required to file, THEN you must have filed". But if, for example, you were a stay-at-home-dad or stay-at-home-mom and didn't have any income in a year, you weren't required to file, so that is OK. Off topic remark: For the future, always file taxes, even if you don't have to. You will actually get money back!
For the Pre-PR credit, do days as a visitor count?
Yes, it doesn't matter if you were a visitor, student or worker. Note, though, that it is on you to prove your presence in Canada as a visitor. Canada only knows when you entered as a visitor. It is then your job to prove that you were in Canada as long as you claim. This is easy, for example, if your spouse was working and you were living with them.
I stayed in Canada back in 2003. Does that count?
Nothing that is more than five years ago ever counts.
My language test results expired. Can I still use them?
Yes, if their expiry is the only problem, you can still use them.
Transitional cases: I applied under 4/6 but I am over 54, will I still be required to write the test?
Yes, according to section 17.1 and 18 of Bill C-6, the rules when you applied are relevant.
Transitional cases: I applied for my dependent child under 4/6 who is older than 14 but younger than 18, will they still be required to write the test?
No, according to section 17.1 and section 19, the new age range applies. This is only true for minors! If you are over 54, see above.
One request:
I know it's a lot to ask for in this forum, but please: Factual questions only. Debate/Opinion in the other threads.
- A press conference given by the minister himself on October 4, 2017 in Brampton
- Bill C-6 as passed by parliament in June 2017
- Here is the news release: https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/10/government_of_canadaimplementsnewlegislativechangestothecitizens.html
Which changes will come into effect on Oct 11, 2017?
- You need to be present in Canada for 3 out of 5 years to be eligible.
- You can count days before becoming a Permanent Resident, but they only count as half-days and you can gain at most a year of pre-PR credit (730 half-days = 365 full days is the maximum)
- You need to have fulfilled the tax filing requirements during three years
- You only need proof of language and pass the knowledge test if you are ages 18 to 54
- There used to be an additional provision that you had to have several years in which you were present at least 183 days. That additional provision is gone.
- Note that the "intend to reside" clause has been gone since June already.
Can I use the current forms to apply?
No, you have to wait for the new forms. If you apply as a 3/5 person with the old forms, your application will be refused. You can still apply with the old forms, but you will be assessed according to the 4/6 rule (see below).
When will the new forms be available?
On October 11 the latest, on the IRCC website. Rest assured that there will be about 50 posts in this forum once the new forms become available
Does that mean currently pending applications are now assessed according to 3/5?
No, what counts is not the regulations the day "IRCC opens your envelope". It is exclusively the regulations that were in force the day you sent the application. So all pending applications as of today and all applications sent in before October 11 will be assessed according to the old rules!
Do I now need police certificates only for the last three years?
The police certificate threshold ("have you been present in another country for more than 183 days in the previous four years") is independent from all the rule changes above. There has been no indication by IRCC that they intent to change the regulations regarding police certificates. So you should expect that four years is still the rule.
How does the tax filing requirement work, do I have to have three tax returns filed?
No, it does not say "You must have filed three tax returns". It says "In at least three of the past years, IF you were required to file, THEN you must have filed". But if, for example, you were a stay-at-home-dad or stay-at-home-mom and didn't have any income in a year, you weren't required to file, so that is OK. Off topic remark: For the future, always file taxes, even if you don't have to. You will actually get money back!
For the Pre-PR credit, do days as a visitor count?
Yes, it doesn't matter if you were a visitor, student or worker. Note, though, that it is on you to prove your presence in Canada as a visitor. Canada only knows when you entered as a visitor. It is then your job to prove that you were in Canada as long as you claim. This is easy, for example, if your spouse was working and you were living with them.
I stayed in Canada back in 2003. Does that count?
Nothing that is more than five years ago ever counts.
My language test results expired. Can I still use them?
Yes, if their expiry is the only problem, you can still use them.
Transitional cases: I applied under 4/6 but I am over 54, will I still be required to write the test?
Yes, according to section 17.1 and 18 of Bill C-6, the rules when you applied are relevant.
Transitional cases: I applied for my dependent child under 4/6 who is older than 14 but younger than 18, will they still be required to write the test?
No, according to section 17.1 and section 19, the new age range applies. This is only true for minors! If you are over 54, see above.
One request:
I know it's a lot to ask for in this forum, but please: Factual questions only. Debate/Opinion in the other threads.
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