The presence requirements are
conjunctive, meaning they
both must be met.
There are two presence requirements:
1) 1460 days in the preceding 1825 days (four years total out of the preceding six)
2) 183 days in each of four
calendar years that are
fully or partially within the six years immediately before the date of applying
To qualify, a PR must meet both these requirements.
aries9811 said:
I am a bit confused as per new Law 4/6 It says...the person should have atleast 183 days each yr out of 4 yrs ? So this means that the person should be in Canada each of 4 yrs with atleast 183 days each of their 4 yrs and then Apply.
So it is not necessay, if the person only stays for 6 months in those each 4 yrs and be out of Canada for remaining 6 months but Will that person still be eligible to apply ?
Does these yrs have to be continous ?
What if the person 1st yr starts
8th Sept 2013 -7th Sept 2014 (183 days)
8th Sept 2014 -7th Sept 2015 (183 days)
8th Sept 2015 -7th Sept 2016 (183 days)
8th Sept 2016 -7th Sept 2017 (183 days completes in Jan 2017)
Can this person still apply for citizenship in Jan 2017 or they have to have complete 1496 days ??
Where as per current Rule...its total no of days is 1095 (totalling 3 yrs out of 5 yrs in Canada) ?
To qualify by the day after the fourth year anniversary of landing, an applicant needs to have zero days absence. Such an applicant, one who has remained physically in Canada for four consecutive years, meets both presence requirements.
The calendar years in which the applicant has been physically present 183 days do not need to be consecutive. But it is worth noting that any year in which the applicant is outside Canada more than 183 days (thus not present at least 183 days), that alone adds up to more than half of the total amount of absences the qualified applicant can have over the course of six full years. That is, it is possible for an applicant to be abroad for six months plus in a given year and still qualify based on some years before and some after that year, but the arithmetic gets tough.
aries9811 said:
A question,
How is 183 days accountable for a person who actually became PR after September ?? in that year ?
How those 183 days be calculated ? for each 4 yrs ?
Can Someone explain..
Lets say a Person landed on 8th September 2013 ...? How would 183 days be accountable as per new Law in every Year ?
This is copied and responded to here because it was off-topic in the topic about the effective date of Bill C-24.
My understanding is contrary to the response given there:
CanadianCountry said:
In that case the year 1 starts from 8th Sep 2013 and finishes 7th Sep 2014. I hope it clarifies.
My understanding is that the 183 day presence requirement is based on
calendar years, requiring presence in Canada for 183 days in four of six calendar years (January 1 to December 31) preceding the date of applying. I believe this includes the year the application is being made, if the applicant has indeed been present in Canada for 183 or more days that year. Thus, an applicant can qualify including the current calendar year anytime after July 2nd of the year, so long as the applicant does not have absences so far in the year reducing presence to less than 183 days.
I am confident that it is no mere coincidence that this corresponds to what is deemed residence for CRA purposes, particularly given the additional requirement that the applicant have complied with CRA tax filing laws.
Thus, technically, an applicant landing after June 30th in a given year will not be able to count the year of landing as one of those four calendar years in which the applicant needed to be present 183+ days.
But this does not disadvantage applicants landing after June 30th. They need to be physically present for 1460 days anyway. The very soonest the applicant can meet that requirement, and then only if there are no absences at all, is the fourth year anniversary of landing. By the fourth year anniversary that applicant will have also met the 183 days presence in four calendar years requirement.
Example: applicant who lands on September 1, 2013, cannot meet the 1460 days presence requirement until September 2, 2017. Such an applicant will have also met the 183 days in four calendar years requirement as well, for the calendar years: 2014, 2015, 2016, and 2017.
For reference, section 5(1)(c), when the relevant provisions in Bill C-24 take effect, will prescribe that a PR qualified for the grant of citizenship in one who has, since becoming a permanent resident,
(i) been physically present in Canada for at least 1,460 days during the six years immediately before the date of his or her application,
(ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and
(iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;
In response to other observations:
Ronaldo Da Lima 89 said:
Dont bother yourself with these calculations.
Wait till they put 4/6 rule in process and wait when you have enough residence days to apply.
If you are planning to leave Canada then come back to spend 6 months each year, you are putting yourself with a big risk with CIC because dont forget about the intention of residence in Canada condition that would be a real challenge for many applicants.
Just wait and no one knows how CIC thinks and treats applications!
There is no doubt what the residency requirement will be. The law has been adopted and Royal Assent given. The only question is what will be the date these provisions come into force. All applications made after that date will be subject to the new requirements.
They are a bit complex but not difficult to understand. The two presence elements are clearly conjunctive, and their respective meanings are straight-forward.
Subsections (ii) and (iii) are complimentary; as I said, I am confident that it is no coincidence that the 183 days in each of four calendar year requirement is what constitutes deemed residence for CRA purposes (thus evoking the requirement to file a resident tax return).
And it makes complete sense for PRs to look at these provisions and ascertain what impact they will have on their path to citizenship. The various Ministers of CIC (over the last several years), and the Harper government generally, have oft acknowledged how important the path to citizenship is in attracting the skilled worker immigration that Canada needs to sustain growth in numerous industries, which is to say how important it is for the Canadian economy. The government knows it makes a difference to many.
