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

canvis2006

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What additional resources is CIC bringing to handle the influx of applications after Oct 11 ??
 

Chrome

Star Member
Oct 21, 2016
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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.
Spyfy,

Check out these links from IRCC twitter account:
https://twitter.com/CitImmCanada/status/916419586047840256
https://twitter.com/CitImmCanada/status/916419706017415169
https://twitter.com/CitImmCanada/status/916419745615962118

https://twitter.com/CitImmCanada/with_replies

"The changes to the Citizenship Act related to the language and knowledge requirements apply to applications already received by IRCC as well as new applications. If you received a notice to appear for the test, you will be contacted by IRCC about the next phase of your application."
 
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punk

Hero Member
Feb 15, 2010
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Job Offer........
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How long does it takes for the following

- Getting Exit/Entry record from CBSA ?
- Getting security clearance certificate from USA ?

Any experience ?
 

uncomfortable

Hero Member
May 11, 2017
234
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How long does it takes for the following

- Getting Exit/Entry record from CBSA ?
- Getting security clearance certificate from USA ?

Any experience ?
The CBSA states 30 days from the day of acknowledgement for Entry records (no exit provided, unless it's to the US by land), while the FBI website states 10-12 weeks to get police certificate.

In my case, the CBSA estimate was correct (plus mailing times), and the FBI estimate was correct either.
 
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dpenabill

VIP Member
Apr 2, 2010
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Who must meet knowledge of Canada and language ability requirements:

The changes to the Citizenship Act related to the language and knowledge requirements apply to applications already received by IRCC as well as new applications.
Recognizing that tweets are not an official source (albeit of course some are from a reliable source), I am posting to affirm that anyone who was 55 or older when they applied, including any who already applied and whose application is still pending, will be exempt from the language and knowledge of Canada requirements . . . once the new rules come into force, presumably October 11.

Once the applicable provisions come into force, for both PENDING applications and future applications, who must meet knowledge of Canada and language ability requirements will depend on the applicant's age at the time the application is made, the requirements applying to those applicants who are 18 or older and less than 55 at the time the application was made.

In particular, the new provisions, as prescribed in Section 1(6) in Bill C-6, will govern ALL applications made after June 11, 2015 (there are some applications made prior to June 11, 2015 still in process, and there are separate provisions governing the language and knowledge of Canada requirements for those applicants, pursuant to Bill C-24 transitional provisions, in effect preserving the pre-Bill C-24 exemption for those under 18 and over 54 applying prior to June 11, 2015).

This is prescribed by Section 18 in Bill C-6, which provides that pending applications (made after June 11, 2015) will be governed by the language and knowledge of Canada requirements as enacted by Bill C-6.

Here is the actual language of Section 18 in Bill C-6 (with some emphasis added):

18 Paragraphs 5(1)(d) and (e) of the Citizenship Act, as enacted by subsection 1(6), 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 and has not been finally disposed of before the day on which that subsection comes into force.


The structure of Section 18 in Bill C-6 is a bit convoluted, but the key elements are:
-- new version of 5(1)(d),(e) in the Citizenship Act (version enacted by Bill C-6 Section 1(6)) applies to applications
-- -- made after June 11, 2015 and
-- -- made before October 11 (substituting October 11 for reference to the day Bill C-6 Section 1(6) comes into force)
-- -- and still pending (that is, not yet finalized before October 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.
Section 18 is apparently the culprit.

It is all too easy to get tangled sideways when trying to navigate transitional provisions still subject to uncertain coming into force contingencies. Transitional provisions, in particular, are notoriously difficult to unravel until some of the other pieces in the puzzle are in place, and even then the contingent cross-references can be tricky to navigate. Once significant parts of the overall puzzle have been largely solved (a reliable tweet can help), so to say, it may look like it should have been easy. It almost never was. More than occasionally the best efforts of those drafting the legislation are undermined by tangled conditionals failing to accommodate all the angles, and subsequent legislation is necessary to fix the law to meet the legislative intention. Bill C-6 actually includes this kind of fix for a mistake in the transitional provisions in Bill C-24 . . . this is Section 24 in Bill C-6, fixing a gap in the applicability of prohibitions left by the transitional provisions in Bill C-24.
 

CICOtawa

Star Member
Apr 17, 2015
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Do we have to send Tax return files with the application? Also, do we have to send only the Bio page of passport or all pages?
 

Chrome

Star Member
Oct 21, 2016
96
7
Who must meet knowledge of Canada and language ability requirements:

Once the applicable provisions come into force, for both PENDING applications and future applications, who must meet knowledge of Canada and language ability requirements will depend on the applicant's age at the time the application is made, the requirements applying to those applicants who are 18 or older and less than 55 at the time the application was made.
Thanks dpenabill for the detailed explanation.
 

Okotoks

Star Member
Jun 17, 2017
76
15
Does CBSA perform systematic checking for entry/exit from Canada boarders for the applicants or they do it randomly and if so based on what?
 

razerblade

VIP Member
Feb 21, 2014
4,197
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Do we have to send Tax return files with the application? Also, do we have to send only the Bio page of passport or all pages?
No, you do not need to send tax returns with your application. You simply authorize CIC to automatically collect this info from CRA. There is a checkbox on the application form.

Only bio pages of passport are required.
 

razerblade

VIP Member
Feb 21, 2014
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Here's a question: for folks who do not need to use any pre-PR credit, and satisfy the 3/5 year requirement, would they need to fill in all the pre-PR out-of-Canada trips in the online calculator (assuming in the last 5 years) or just the ones after getting PR ?

I had a few road trips to US pre-PR, and I have a feeling the exit dates may have been screwed up for some. But I don't need to account for these trips, as I have accumulated more than 3 years in Canda post-PR.
 

cynti

Member
May 20, 2012
16
1
Hello everyone,

Happy Sunday :). I have a question regarding the police certificate as I am a bit confused. I lived in the United States from 2006 to 2014 and landed as a PR on January 17th, 2014. If I decide to send my application on the first of November 2017, do I still need to provide a police certificate from the US?
The way I see things is that from January 17,2014 to November 1st 2017, it's 1384 days and from January 17,2014 to January 17,2014 it's 1461 days. So I technically stayed 77 days in another country during the four (4) years immediately before the date of your application SO I DON'T NEED a police certificate. Am I wrong or right? Or Should I just wait until next year to apply?
p.s: I dont wan to do the fbi background check as it takes between 10-12 weeks so if I do need a police certificate, I am better off waiting.
ANY input would be greatly appreciated. Thank you and have a nice day.