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Changes on Oct 11, 2017 - Executive summary/FAQ C-6

ibry

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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.
Thanks. Lol
 

SAM2017

Full Member
Jun 20, 2017
33
0
Hi everyone,
Do i need color copies for
Copies of my passport, PR card, health card, driver's license...
 

Sohmisaly

Star Member
Oct 7, 2017
64
15
I appreciate if @spyfy or anyone else can comment on this:
My spouse and I will become eligible at the same time with this new 3/5 rule. Most of our trips in the past 5 years have been together. Is there any reason why we shouldn't apply as family application? I heard about delays to one applicant affecting the other applicant in family cases, but I have also heard that applying as two separate application may raise suspicion and lead to RQ.
I understand that there is not right/wrong answer here just want to here a third person opinion on this. Thanks.
Well, as you said there is no straight answer. I would recommend applying together. At-least you would remember this, as family historic event.
 

googler

Star Member
Nov 1, 2012
52
1
Hi. Does anyone know if CIC is going to require any documents to claim pre-PR physical presence credit in Canada (i.e., on a study permit) other than self-claim in the online calculator? I remember that when I landed as an immigrant, the officer took my study permit and shredded it.
 

Sohmisaly

Star Member
Oct 7, 2017
64
15
Hi. Does anyone know if CIC is going to require any documents to claim pre-PR physical presence credit in Canada (i.e., on a study permit) other than self-claim in the online calculator? I remember that when I landed as an immigrant, the officer took my study permit and shredded it.
They will need some documented evidence. I came in 2009 as student, and still have my study permits. But a proof of attending school would work, I guess.
 

Yorker13

Hero Member
May 27, 2013
399
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Hi,

I want to understand the part concerning kids under 18.

can I include my kids who have valid PR ,under 18 but didnt stay for 3 years in Canada,they were living with their mothers while i stayed in Canada.

are they eligible for citizenship in this case?
 

ceclmo777

Hero Member
Oct 24, 2013
236
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Is it recommended to submit the below documents while applying?

-proof for date of birth
-proof for addresses lived in the past 6 years or may be 5 years based on the new rule
-employment/education history documents
-Tax documents
-credit card statements to prove physical presence
 

itsmyid

Champion Member
Jul 26, 2012
2,250
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Is it recommended to submit the below documents while applying?

-proof for date of birth
-proof for addresses lived in the past 6 years or may be 5 years based on the new rule
-employment/education history documents
-Tax documents
-credit card statements to prove physical presence
It is recommended to just include whatever the checklist asks for, with tons of applications coming in everyday, if I were the agent sorting the files I would be pretty irritated if any package is too big due to all the additional documents that were not asked for.
 
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spyfy

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Hi,

I want to understand the part concerning kids under 18.

can I include my kids who have valid PR ,under 18 but didnt stay for 3 years in Canada,they were living with their mothers while i stayed in Canada.

are they eligible for citizenship in this case?
If your kids haven't been to Canada for three years, I don't think they are within their residency obligation for permanent residency (2 of 5 years).

Your kids do not have to fulfil the residency requirement for citizenshipn (3 of 5 years) but they must be PRs in good standing which they don't seem to be if they were outside Canada for three years.
 

spyfy

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Hi. Does anyone know if CIC is going to require any documents to claim pre-PR physical presence credit in Canada (i.e., on a study permit) other than self-claim in the online calculator? I remember that when I landed as an immigrant, the officer took my study permit and shredded it.
They can see in the system that you had a study permit. However as already pointed out, they might later ask for additional documentation that you were in Canada.

Also, it is common practice that they take your study permit,
 

spyfy

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May 8, 2015
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that's sad. All those who thought they didn't have to take the test, keep studying!!!
Just like the "intent to reside" requirement...!
I am sure the IRCC system can identify all transitional cases aged over 54, it will reduce their processing time of pre C6 if they reduce the number of applicants needing a test post Oct 11....

It is not within the power of IRCC to ignore the law. They must test people over 54 if they applied before oct 11. The law says so. Unless I misread the bill, I invite everyone to read sections 17, 17.1 and 18 of the bill.
 
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itsmyid

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Jul 26, 2012
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They can see in the system that you had a study permit. However as already pointed out, they might later ask for additional documentation that you were in Canada.

Also, it is common practice that they take your study permit,
It would really stupid and inefficient for CIC to ask for it at any point ... if one already had PR, then all the study/work permit record should have already been in the system and easily accessible
 

itsmyid

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Jul 26, 2012
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If your kids haven't been to Canada for three years, I don't think they are within their residency obligation for permanent residency (2 of 5 years).

Your kids do not have to fulfil the residency requirement for citizenshipn (3 of 5 years) but they must be PRs in good standing which they don't seem to be if they were outside Canada for three years.
The only thing I noticed was the kids were 'staying with their motherS' ....
 
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