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Bill C-24 Second Reading on February 27th:

Munchenxx

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Empirical-Scientist said:
Normally, it's the application date -- the one inside your form. So, even if they were to get the envelope on June 20, 2015, and your date is June 24, 2014, it will be processed according to old rules. This is what a CIC agent told me as well.

By the way, the training involved in the new provisions is extensive and expensive. That's why they'll be doing that over the next years. Also, more training will ensue with applications that will be received as of June 2015 (or even earlier), which might slow things down a little bit.
Thanks a lot :) it does make sense! anyway when we calculate feasibility and print the form using the CIC online calculator, it does ask to enter the date of application.
 

superlinky

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Jun 20, 2014
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Empirical-Scientist said:
Normally, it's the application date -- the one inside your form. So, even if they were to get the envelope on June 20, 2015, and your date is June 24, 2014, it will be processed according to old rules. This is what a CIC agent told me as well.

By the way, the training involved in the new provisions is extensive and expensive. That's why they'll be doing that over the next years. Also, more training will ensue with applications that will be received as of June 2015 (or even earlier), which might slow things down a little bit.
So, if I'm eligible on July 1st, but I submit my application before June 20th, my app will be processed according to old rule? Is it counted as cheating since the date I sign the app is after the date I send it?
 

Munchenxx

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superlinky said:
So, if I'm eligible on July 1st, but I submit my application before June 20th, my app will be processed according to old rule? Is it counted as cheating since the date I sign the app is after the date I send it?
Just Personal understanding:
As we know, When apply,we need to generate an application form of residency feasibility on CIC website. In this form I don't think we can enter a date in the future! I tried!! So, if one can reach 1095days before Jun 19,2015( for example),, then he can generate the feasibility form and submit application. if one fails to meet the 1095 criteria by the deadline, then he has to apply under the new law.
 

pl840502

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Did anybody find "intent to reside" not making sense?

For now there are two interpretations. 1. Reside after you get the passport. 2. Reside from the time you submitted your application until you get your passport.

From what read it seems Alexander has been saying it's not the first interpretation. But regardless the scenario, what's the point of having the physical presence requirement for applying if you need to physically present even after applying anyway? They might as well just give you the passport when you first landed, and say "you can keep this, but you need to stay here forever" It doesn't make a difference.

I think this "intent to reside" is just gonna die down because it's just poorly thought through. But then again with alexander I'm not surprised if he just comes out with something stupid like: you have to stay here 4 years out of 6 years time but then you have to stay one more year when you're waiting, so in the end it's 5 years out of 7 years.
 

Munchenxx

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Munchenxx said:
Just Personal understanding:
As we know, When apply,we need to generate an application form of residency feasibility on CIC website. In this form I don't think we can enter a date in the future! I tried!! So, if one can reach 1095days before Jun 19,2015( for example),, then he can generate the feasibility form and submit application. if one fails to meet the 1095 criteria by the deadline, then he has to apply under the new law.
Also, for sure if one apply before reaching 1095 criteria,his application will be rejected by CIC . This has been emphasized on CIC website.
 

alphazip

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pl840502 said:
For now there are two interpretations. 1. Reside after you get the passport. 2. Reside from the time you submitted your application until you get your passport.
Alexander said this (http://openparliament.ca/bills/41-2/C-24/): "Some have misunderstood this provision to mean that anyone applying for citizenship or seeking to meet the requirements of citizenship, which would be four years of residency out of six, must declare an intention to reside in Canada for the rest of their lives. Nothing could be further from the truth and those who have perpetrated this misunderstanding have simply not read the further paragraph, which is (2)(1.1), on page 12 of the bill as I have it printed. It states:

For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person’s intention must be continuous from the date of his or her application until they have taken the oath of citizenship."

So, the intention must be to reside in Canada from the time of application until the grant of citizenship.
 

Munchenxx

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alphazip said:
Alexander said this (http://openparliament.ca/bills/41-2/C-24/): "Some have misunderstood this provision to mean that anyone applying for citizenship or seeking to meet the requirements of citizenship, which would be four years of residency out of six, must declare an intention to reside in Canada for the rest of their lives. Nothing could be further from the truth and those who have perpetrated this misunderstanding have simply not read the further paragraph, which is (2)(1.1), on page 12 of the bill as I have it printed. It states:

For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person's intention must be continuous from the date of his or her application until they have taken the oath of citizenship."

So, the intention must be to reside in Canada from the time of application until the grant of citizenship.


Awesome answer! Thanks!!
 

Empirical-Scientist

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superlinky said:
So, if I'm eligible on July 1st, but I submit my application before June 20th, my app will be processed according to old rule? Is it counted as cheating since the date I sign the app is after the date I send it?
No. What I wrote is that if you were to sign and send it on the day after the date you're eligible and CIC were to receive it even a year later, they would be processing your application per the provisions in effect on the date you signed it, not on the date they received it.
 

meyakanor

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alphazip said:
Alexander said this (http://openparliament.ca/bills/41-2/C-24/): "Some have misunderstood this provision to mean that anyone applying for citizenship or seeking to meet the requirements of citizenship, which would be four years of residency out of six, must declare an intention to reside in Canada for the rest of their lives. Nothing could be further from the truth and those who have perpetrated this misunderstanding have simply not read the further paragraph, which is (2)(1.1), on page 12 of the bill as I have it printed. It states:

For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person's intention must be continuous from the date of his or her application until they have taken the oath of citizenship."

So, the intention must be to reside in Canada from the time of application until the grant of citizenship.
The intention is NOT simply to reside in Canada from the signing of the application until the oath, but rather, to continue residing in Canada AFTER being granted citizenship. The requirement then is to have this intention at least until the citizenship is granted. A slight difference, but it is not enough to simply intend to reside in Canada until the time of oath.

The question is now if it will be sufficient to simply reside in Canada until the oath as a demonstration of intention to reside after being granted citizenship, or if your behaviour during the processing times too will be evaluated (say, if you apply for a job overseas before grant of citizenship while still residing in Canada, can this be ground for revocation due to misrepresentation?).
 

Munchenxx

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meyakanor said:
The intention is NOT simply to reside in Canada from the signing of the application until the oath, but rather, to continue residing in Canada AFTER being granted citizenship. The requirement then is to have this intention at least until the citizenship is granted. A slight difference, but it is not enough to simply intend to reside in Canada until the time of oath.

The question is now if it will be sufficient to simply reside in Canada until the oath as a demonstration of intention to reside after being granted citizenship, or if your behaviour during the processing times too will be evaluated (say, if you apply for a job overseas before grant of citizenship while still residing in Canada, can this be ground for revocation due to misrepresentation?).

I don't believe ppl would care a difference of several months.. As long as we can go wherever we want freely after we obtained citizenship and passport. This is the key point.

No one wanna be restricted to stay in one country for the rest of his life just to keep a citizenship.
 

kumbu.bumbu

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Empirical-Scientist said:
Normally, it's the application date -- the one inside your form. So, even if they were to get the envelope on June 20, 2015, and your date is June 24, 2014, it will be processed according to old rules. This is what a CIC agent told me as well.

By the way, the training involved in the new provisions is extensive and expensive. That's why they'll be doing that over the next years. Also, more training will ensue with applications that will be received as of June 2015 (or even earlier), which might slow things down a little bit.
If this true as per instructions applications can be dated back for 90 days. If you are eligible before the signature date then you can play for quite a few days.

Section 10
Question 10
Sign and date the application form with the signature you currently use on other official documents.
Note. Your application will be returned to you if:
the form is not signed and dated,
stale-dated (dated more than 90 days before CIC receives it),
post-dated (dated into the future).
Note: You must be eligible to apply for Canadian citizenship the day before you sign the application form.

 

kumbu.bumbu

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Empirical-Scientist said:
No. What I wrote is that if you were to sign and send it on the day after the date you're eligible and CIC were to receive it even a year later, they would be processing your application per the provisions in effect on the date you signed it, not on the date they received it.
Nope. It is only 90 days you have got. See my previous post.
 

Empirical-Scientist

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kumbu.bumbu said:
Nope. It is only 90 days you have got. See my previous post.
That was just a hyperbole to make a point because no postal service could ever delay applications that long unless there's a fire or other damage...
 

Munchenxx

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Empirical-Scientist said:
That was just a hyperbole to make a point because no postal service could ever delay applications that long unless there's a fire or other damage...

Lol, I think both you guys have made very clear points ! Thanks for the generous guidance!

PS: Everything is possible in our amazing canada though. I remember there was a news that an old lady who received a mail sent out 45 years ago to her.
 

Empirical-Scientist

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Munchenxx said:
Lol, I think both you guys have made very clear points ! Thanks for the generous guidance!

PS: Everything is possible in our amazing canada though. I remember there was a news that an old lady who received a mail sent out 45 years ago to her.
If that happens to one of us, we will have been citizens if at least 10 other countries lol