Citizenship Applications after Bill C-6

[Zeina73]

No one knows! But gov. says fall 2017, you rather take it easy, because sometimes theory and practice are two different things!

Who will announce the date in fall..does it need another sitting ?

 

[Zeina73]

My son and I will apply July 30 ..he is 15 years old but he has to travel on July 7 can I apply for him while he is outside and just come for the test..Thankyou

 

[galant]

Hi All
Can we enrich this forum with information in different areas as we use to post during bill C6. We can classify information based on:
Physical presence
English language requirements
Police clearances
More over timelines can be shared. Please comment.
Thanks

 

[Bs65]

Who will announce the date in fall..does it need another sitting ?

It will be announced by IRCC when they are ready with all the new processes in place.

 

[cempjwi]

Hi friends, I am currently living Canada since June 2012 and got my PR since Feb 2014. I have fulfilled my residency obligations required for Citizenship per the Bill c6 rule and waiting for the rule to be implemented in fall to formally submit my application. Currently I am considering an employment abroad through secondment but need to make sure of the following before I make a decision:
1) I know that my stay outside Canada from now until my application date won't be counted towards my physical residency days even though I continue my payroll with Canadian company. Since I already fulfilled my residency obligation, once the law gets into effect, can I apply for our citizenship from Abroa using an authorized representative
2) if point 1 is possible, will this way of submission make my application as non-routine?
3) is it mandatory to keep my payroll with a candian company?
4) in case of any delay in getting citizenship, can I renew my PR from abroad either using an authorized representative or a friends address just to mail out the application?

Your valuable comments will help me to make an important career decision. Thanks in advance

Technically, you can apply and then leave Canada and be outside Canada while your application is processed. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=911&top=5

My thought process is that for cases where people leave before they apply, they will need to report the last absence as the day they left until the day they plan to apply. Just like for any other absence.

You can also backdate your application up to 90 days, so the last absence doesn't appear, but timing has to be just right. For example, let's say C-6 starts on Oct 1 2017 and you left on Sept 1st. You could back date your application to Aug 20th (that is, tell the calculator you want to apply on Aug 20th) and send it on Oct 2nd (well within the 90-day window). This way you do not have to disclose you are absent. The current calculator (C-24) actually allows you to backdate an application even beyond the 90 days (but legally you cannot apply with a calculation using an application date older than 90 days). It is very possible that the calculator for C-6 will allow it as well.

 

[dpenabill]

You can also backdate your application up to 90 days, so the last absence doesn't appear, but timing has to be just right. For example, let's say C-6 starts on Oct 1 2017 and you left on Sept 1st. You could back date your application to Aug 20th (that is, tell the calculator you want to apply on Aug 20th) and send it on Oct 2nd (well within the 90-day window). This way you do not have to disclose you are absent. The current calculator (C-24) actually allows you to backdate an application even beyond the 90 days (but legally you cannot apply with a calculation using an application date older than 90 days). It is very possible that the calculator for C-6 will allow it as well.

Beware of conflating the IRCC policy for StaleDated applications with "backdating." The policy does not give applicants a license to misrepresent the date they are in fact signing the application . . . that is, it does not authorize backdating. The applicant's signature verifies that is the date the application was signed. Once signed, the applicant needs to get the application submitted to IRCC within 90 days or less.

In any event, any application signed before the effective date of the 3/5 requirements will be processed pursuant to the 4/6 requirements. (See transition provisions in Bill C-6.) Which law applies depends on the date the application is made. The date an application is made is the date it is signed, regardless when it actually arrives at IRCC (recognizing again that staledated applications will not be accepted for processing, and neither will postdated applications).
For PDI which discusses IRCC policy toward receiving applications, including staledated and postdated applications, see http://www.cic.gc.ca/english/resources/tools/cit/admin/general/accept.asp

For example, if Bill C-6 does take effect October 1, 2017 (my guess it will be a month or two later than that), any application made (signed) prior to that date will be governed by the requirements in the current Citizenship Act, that is, pursuant to the 4/6 rule not the 3/5 rule. (Again, see Bill C-6 transition provisions.) Which is to say there will be no way to backdate an application for a date prior to the effective date of the changes which will allow the application to be governed by the new, shorter requirements.

 

[cempjwi]

Beware of conflating the IRCC policy for StaleDated applications with "backdating." The policy does not give applicants a license to misrepresent the date they are in fact signing the application . . . that is, it does not authorize backdating. The applicant's signature verifies that is the date the application was signed. Once signed, the applicant needs to get the application submitted to IRCC within 90 days or less.

In any event, any application signed before the effective date of the 3/5 requirements will be processed pursuant to the 4/6 requirements. (See transition provisions in Bill C-6.) Which law applies depends on the date the application is made. The date an application is made is the date it is signed, regardless when it actually arrives at IRCC (recognizing again that staledated applications will not be accepted for processing, and neither will postdated applications).
For PDI which discusses IRCC policy toward receiving applications, including staledated and postdated applications, see http://www.cic.gc.ca/english/resources/tools/cit/admin/general/accept.asp

For example, if Bill C-6 does take effect October 1, 2017 (my guess it will be a month or two later than that), any application made (signed) prior to that date will be governed by the requirements in the current Citizenship Act, that is, pursuant to the 4/6 rule not the 3/5 rule. (Again, see Bill C-6 transition provisions.) Which is to say there will be no way to backdate an application for a date prior to the effective date of the changes which will allow the application to be governed by the new, shorter requirements.

You are correct about that the date of the application is considered the date the person signed the application, but more importantly it is the date of filing and the date of filing dictates the regulation under which the person applies. So, backdating to prior c-6's effective date would not work.

The other point about acceptance date can be a non-issue. As long as the date of the form is one day after a person becomes eligible for citizenship, that person can sign the form today, yesterday or tomorrow, as long as it is postmarked the day after that date printed on the form or later (but not on a date too far that could cause IRCC to receive it more than 90 days after the date on the form).

You cannot seriously expect for everyone to date an application for the date they would sign it. That is completely unrealistic. More so by the fact that the date is entered electronically before the signature even occurs; therefore, many people would sign it on a different date (usually after but before is not totally unprecedented).

On that note... I am assuming that the application date determines the regulations under which that application will be processed. So, there is no difference between these 3 scenarios as long as you were eligible on, for example, April 30th:

On May 1st, you filled out and printed an application dated May 1st. Any day after you printed it, you sign. You can sign it any day between May 1st and May 10th. Then you mail it after May 10th. Application date (filing) is May 1st.

On April 15th, you filled out and printed an application dated May 1st. Any day after you printed it, you sign it. You can sign it any day between April 15th and May 10th.. Then you mail it after May 10th. Application date (filing) is May 1st.

On May 5th, you filled out and printed an application dated May 1st. Any day after you printed it, you sign it. You can sign it any day between May 5th and May 10th. Then you mail it after May 10th. Application date (filing) is May 1st.

While I can see the 3rd scenario as unethical it is as valid (and practical) as the other two scenarios (scenario 2 being the proactive guy and scenario 3 the guy that totally forgot to stick to his dates). Misrepresentation? Perhaps, but prove it?

Also, don't forget that the lock-in date is what really matters here.

 

[malikumershaheen]

Can anyone please start a spreadsheet stating what can be prepared in advance to get ready to apply as soon as c6 kicks in?
E.g ielts, notice of assemssments, etc

 

[_MK_]

Can anyone please start a spreadsheet stating what can be prepared in advance to get ready to apply as soon as c6 kicks in?
E.g ielts, notice of assemssments, etc

There does not need to be a spreadsheet for this. You can just go to the current citizenship applications and prepare it. Use the checklist. It will be the same. The only difference would the main form and the calculation which you can only do once they implement C6.

 

[badar14]

Hello Everyone!

It took a long time, but eventually Bill C-6 passed and became the law.

Please note some of the provisions of Bill C6 are effective and some will take effect later. This link will provide you with the exact information:

https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/06/bill_c-6_receivesroyalassent0.html

This thread is for people who are applying for citizenship grant after Bill C-6 became law. This will be useful in sharing questions/information. Good Luck!!

Thanks for creating new thread

 

[mohantcd]

I lived in Canada from Aug 2012 to till now. I was out of Canada for my business trip more than 120 days from 2012 to untill now.

I have following queries, how to provide supporting evidence for Business trips?

1. Trips to the USA for business purposes by road. I checked with I-94 travel history. some of history from 2013 shows only entry to the US & doesn't show exit details. Do I need to submit a letter from my employer with a general statement saying all trips from 2013 to untill now will be considered as Business trips. is this letter is sufficient for Immigration officers?

 

[erexa]

Here is my parents situation.

Sponsored them and they landed in Toronto (got their PR right away) on June 18, 2013, now their 5 year PR is expiring on June 18, 2018.
In this 4 years both of them were out of country for about 1 year (two years for 5 months each and another year for 2 months) so they both certainly do not meet 4/6 rule but they do 3/5 rule when it comes into effect.

Now assuming 3/5 rule comes into effect lat in fall this year, after that they will have left effective 5/6 months till their PRs expire.

Should I also apply to extend their PR for another 5 years alongside the citizenship application?

It is kind of unknown how long will it take for them to get citizenship but at least they will have their PR status extended.

Or I should just apply for citizenship and even if their PRs expire it is fine they will just wait in country and won't leave till they get citizenship.

What is the best strategy here? When to apply and should I apply for citizenship only or citizenship/pr extension together?

 

[GiantPanda]

I lived in Canada from Aug 2012 to till now. I was out of Canada for my business trip more than 120 days from 2012 to untill now.

I have following queries, how to provide supporting evidence for Business trips?

1. Trips to the USA for business purposes by road. I checked with I-94 travel history. some of history from 2013 shows only entry to the US & doesn't show exit details. Do I need to submit a letter from my employer with a general statement saying all trips from 2013 to untill now will be considered as Business trips. is this letter is sufficient for Immigration officers?

So long as you are able to provide a list of absences from the Canada, you should be fine. Exit information from the US to Canada is collected by Canada and vice-versa. Hence, once you authorise IRCC to collect this information from CBSA, they will be able to get this information.

 

[GiantPanda]

Here is my parents situation.

Sponsored them and they landed in Toronto (got their PR right away) on June 18, 2013, now their 5 year PR is expiring on June 18, 2018.
In this 4 years both of them were out of country for about 1 year (two years for 5 months each and another year for 2 months) so they both certainly do not meet 4/6 rule but they do 3/5 rule when it comes into effect.

Now assuming 3/5 rule comes into effect lat in fall this year, after that they will have left effective 5/6 months till their PRs expire.

Should I also apply to extend their PR for another 5 years alongside the citizenship application?

It is kind of unknown how long will it take for them to get citizenship but at least they will have their PR status extended.

Or I should just apply for citizenship and even if their PRs expire it is fine they will just wait in country and won't leave till they get citizenship.

What is the best strategy here? When to apply and should I apply for citizenship only or citizenship/pr extension together?

Would suggest you take it one step at a time. First need to know when the 3/5 rule comes into effect. We do not know when the 3/5 rule will come into force other than in fall 2017. Would suggest you initially apply for citizenship for your parents under this rule.
Thereafter, if your parents do not need to leave the country, you can apply for a PR renewal even just before their PR expires. However, in this case, they will need to stay in the country and cannot leave.
If they do need to leave the country, then please apply for their PR renewal well in advance (based on processing times at that time) and do not wait to for the grant of citizenship.
Hope this is of some help.

 

[dpenabill]

Do I need to submit a letter from my employer with a general statement saying all trips from 2013 to untill now will be considered as Business trips. is this letter is sufficient for Immigration officers?

Makes no difference if the trip was for business, pleasure, a whim, or family reasons. Days abroad count as absences, whatever the reason or purpose for the trip. This will continue to be the case even after all Bill C-6 provisions take effect.

Best to keep your own record of every exit from Canada and entry into Canada. The PR, having been there each and every time (obviously), is the one best source for this information, but of course only if the PR makes an effort to keep a record of each trip. It is worth the effort. There can be a huge difference in how things go for applicants who accurately and completely report all dates of travel versus those make mistakes or omissions.