Effective date of Bill C24

[oldfriend]

No news good news

 

[godhelp]

can 'intent to reside' clause come early before
they implement 4 out of 6 yrs.

thanks,
godhelp

 

[screech339]

can 'intent to reside' clause come early before
they implement 4 out of 6 yrs.

thanks,
godhelp

The intend to reside clause is not in effect until 4/6 rule kick in.

 

[nadeem55]

Reasonable Expectations:

To be clear, the argument, that anyone had a reasonable expectation there was a promise (either explicit or implicit) pre-landing time in Canada would count toward citizenship, is largely bogus, as any such expectation is contrary to the necessary intent a person has to have to qualify for temporary status.

All temporary status in Canada requires the individual to intend to leave Canada if and when that status expires. Intending to leave Canada is not consistent with an expectation of a right to continue staying in Canada let alone a reasonable expectation of being granted citizenship.

So, during the pre-landing period, the only expectation someone living and working in Canada could reasonably have is that Canada might grant status to stay longer, permanently even, rather than temporarily, and there was no basis for expecting citizenship unless and until qualifying for it only if and after permanent status was obtained.

OK, sure, many, many have come and continue to come to Canada to work temporarily, or to attend school in Canada, with a plan to get permanent status and eventually become a citizen. And Canada does recognize dual intent, such that a person in Canada with temporary status can also intend to seek status to stay permanently. But intending to seek permanent status, while also continuing to have an intent to leave Canada if and when temporary status ends, in no way implicitly promises the individual will even be granted permanent status, let alone citizenship, let alone be given credit toward qualifying for citizenship for time during which the individual had no permanent commitment to Canada.

The mere fact of a plan does not give rise to a reasonable expectation.

So, any argument of unfairness based on a purported reasonable expectation that pre-landing time would count toward qualifying for citizenship is more about what that individual planned than it is about any promises implicit in the Canadian immigration system. Many people are unfair to themselves by setting themselves up for disappointment due to unreasonable or unfounded expectations. Canada is not to blame for that.


There is, nonetheless, the separate issue as to whether or not an immigration system should give credit, toward qualifying for citizenship, for time spent in the country pursuant to temporary status.

Until 2014, the Canadian Parliament had decided that Canada should. Thus, section 5(1)(c) specifically included the one-half ratio of credit for time prior to becoming a PR.

As of 2014, commencing on a date to be ordered by the Governor in Council (which will be sometime this year), the Canadian Parliament has decided that such credit will no longer be given.

The reason is quite apparent:
Being in Canada temporarily does not constitute the level of commitment to Canada this government now requires to qualify for citizenship.

Whether this should be the law is, of course, subject to debate. It was not the law for decades. Canadians elected a government in 2011 which believed it should be the law and which followed the established process for changing the law. Done deal.

There is no doubt, any applications made after the coming into force date for the revised provisions in section 5(1)(c) and added 5(1))c.1), of the Citizenship Act (as revised by the SCCA), will not include any credit for time spent in Canada pursuant to temporary status. That will be the governing law and it will be applied. There is virtually no chance whatsoever that any court will invalidate this.

Well, I don't agree, how a govt. can conclude that a foreign work or a student is on temporary visa has no intention to reside here permanently?

CIC created a category to immigrate to Canada basis on their temporary status, where they are acting like citizen of Canada, obeying rules, paying taxes and contributing to the community but they don't have right to claim their residence which they spent in Canada toward citizenship?

For me, this is unfair, the tax money and time spent in Canada, Conservative govt. don't want to give back a dime, obviously, no respect for the voices of thousands of immigrants, they are simply playing with rules for their own interests, and diverting the attention of public on their mistakes by blaming NDP and Liberals. (applause)
They totally forget that, today's PR will be future Canadian citizen and eventually ball will roll in their field one day.


Like another poster stated that, his immigration process took almost 3 years to complete because of the Buffalo visa office closure, including me, their foreign policies are hurting and effecting the daily lives of immigrants. In past Buffalo visa office complete the regular immigration application within 24 months, but because of the foreign policies of closing visa offices across the globe, we have to suffer for another year, which we're counted as temporary status and just because of them they don't want to give us credit in lieu of their own policies.

I hope someone from CIC is reading our voices and make sensible decision for the cut off date of Bill C24

 

[screech339]

Well, I don't agree, how a govt. can conclude that a foreign work or a student is on temporary visa has no intention to reside here permanently?

CIC created a category to immigrate to Canada basis on their temporary status, where they are acting like citizen of Canada, obeying rules, paying taxes and contributing to the community but they don't have right to claim their residence which they spent in Canada toward citizenship?

For me, this is unfair, the tax money and time spent in Canada, Conservative govt. don't want to give back a dime, obviously, no respect for the voices of thousands of immigrants, they are simply playing with rules for their own interests, and diverting the attention of public on their mistakes by blaming NDP and Liberals. (applause)
They totally forget that, today's PR will be future Canadian citizen and eventually ball will roll in their field one day.


Like another poster stated that, his immigration process took almost 3 years to complete because of the Buffalo visa office closure, including me, their foreign policies are hurting and effecting the daily lives of immigrants. In past Buffalo visa office complete the regular immigration application within 24 months, but because of the foreign policies of closing visa offices across the globe, we have to suffer for another year, which we're counted as temporary status and just because of them they don't want to give us credit in lieu of their own policies.

I hope someone from CIC is reading our voices and make sensible decision for the cut off date of Bill C24

Let me ask you this.

Did you accept the work visa on condition that you intend to leave Canada at end of visa? Yes or No.

You cannot claim that you are intending to reside permanently by accepting the conditions of the work visa that you will leave Canada at end of visa. If you are intending to stay permanently, you are, in a sense, committing immigration fraud. Would you actually be granted the work visa if you told CIC that you intend to stay permanently before getting visa? If you did not tell CIC that you were intending to stay permanently, your silent means you accepted that you are intending to leave at end of work visa, thus whether you want to stay permanently or not. By accepting the condition of a temporary work visa, you do not have any entitlement of claiming pre-PR days towards citizenship qualifications.

 

[nadeem55]

No, I haven't sign that I'll leave Canada but there's an expiry date and also they written that, if you wish to remain in Canada, you need to extend your temporary status before expiry!
So, don't assume things on your own.

 

[screech339]

No, I haven't sign that I'll leave Canada but there's an expiry date and also they written that, if you wish to remain in Canada, you need to extend your temporary status before expiry!
So, don't assume things on your own.

Again by applying to extend visa still means you intend to leave Canada at end of new expire date. You basically convinced CIC that you will still leave at the new expire date, otherwise, CIC would not grant you an extension if they believe you are not intending on leaving, in other words, staying on permanently.

Where in any visa application does it state that you can stay permanently? Show me and I will retract my statement that work visas are actually temporary.

"to remain in Canada" does not imply staying permanently. It is probably and likely meaning to imply "to continue your stay on your current temporary visa"

 

[nadeem55]

While working temporarily, according to CIC if the employer offer long term job offer, you can apply to extend you status to remain in Canada legally to apply for Permanent residence visa, this is a legal way for dual intent to reside in Canada for temporary worker to exchange their status to permanent.

 

[screech339]

While working temporarily, according to CIC if the employer offer long term job offer, you can apply to extend you status to remain in Canada legally to apply for Permanent residence visa, this is a legal way for dual intent to reside in Canada for temporary worker to exchange their status to permanent.

Which is correct to PR status, not to citizenship status.

Note, lead to long time stay as Permanent Resident. Not to Citizenship status.

No word about leading to citizenship, in other words, from temporary work status to PR. Nothing about temporary status to citizenship.

 

[nadeem55]

So what I was saying, govt. is playing with the rules, all previous applicants were given that credits and new applicants were not? Obviously this is unfair and not respecting the law of equality by considering old applicants the same credits and not the new applicants?

If you don't want to take the advantage of this credit which most of the applicants got already and still new applicants want then stay away and keep following the blind decision of the govt. where they are taking you.

My 2 cents.

 

[asaif]

Well, I don't agree, how a govt. can conclude that a foreign work or a student is on temporary visa has no intention to reside here permanently?

CIC created a category to immigrate to Canada basis on their temporary status, where they are acting like citizen of Canada, obeying rules, paying taxes and contributing to the community but they don't have right to claim their residence which they spent in Canada toward citizenship?

For me, this is unfair, the tax money and time spent in Canada, Conservative govt. don't want to give back a dime, obviously, no respect for the voices of thousands of immigrants, they are simply playing with rules for their own interests, and diverting the attention of public on their mistakes by blaming NDP and Liberals. (applause)
They totally forget that, today's PR will be future Canadian citizen and eventually ball will roll in their field one day.


Like another poster stated that, his immigration process took almost 3 years to complete because of the Buffalo visa office closure, including me, their foreign policies are hurting and effecting the daily lives of immigrants. In past Buffalo visa office complete the regular immigration application within 24 months, but because of the foreign policies of closing visa offices across the globe, we have to suffer for another year, which we're counted as temporary status and just because of them they don't want to give us credit in lieu of their own policies.

I hope someone from CIC is reading our voices and make sensible decision for the cut off date of Bill C24

Let me second you here. It's OKAY in Canada to come as a student or a temporary worker while your PR application is still pending. I did the same myself. They know that you intend to reside in Canada permanently and still give you a temporary residency visa. There is no conflict whatsoever between being here in a temporary visa and wanting/intending to stay forever. This is just another excuse used by an anti-immigrants government to make their journey harder.

 

[MUFC]

This government is just listening the anti-immigrant society as a general voice. This law is a reflection of the will Canadians have.

 

[CanadianCountry]

Govt is in SCREW the newcomers business. They have the power whereas the newcomers have nothing. No voice, no unity.

What could the PR applicants from 2008 who had their file returned could do? They petitioned what came out of all the petitioning, nothing.

Its worrisome that with all of this pushing, some nuthead may breakup and do something crazy.

So what I was saying, govt. is playing with the rules, all previous applicants were given that credits and new applicants were not? Obviously this is unfair and not respecting the law of equality by considering old applicants the same credits and not the new applicants?

If you don't want to take the advantage of this credit which most of the applicants got already and still new applicants want then stay away and keep following the blind decision of the govt. where they are taking you.

My 2 cents.

 

[Dave01]

Let me ask you this.

Did you accept the work visa on condition that you intend to leave Canada at end of visa? Yes or No.

You cannot claim that you are intending to reside permanently by accepting the conditions of the work visa that you will leave Canada at end of visa. If you are intending to stay permanently, you are, in a sense, committing immigration fraud. Would you actually be granted the work visa if you told CIC that you intend to stay permanently before getting visa? If you did not tell CIC that you were intending to stay permanently, your silent means you accepted that you are intending to leave at end of work visa, thus whether you want to stay permanently or not. By accepting the condition of a temporary work visa, you do not have any entitlement of claiming pre-PR days towards citizenship qualifications.

Common man! You are just too mean in your comments and always seeing things from the wrong direction. You said and I quote " If you are intending to stay permanently, you are, in a sense, committing immigration fraud" If this is a fraud then why do CIC have dual intent?? I can conclude that you are just blabbing all over here cos you aint affected directly by this bill.

 

[MUFC]

There is sense in the opinion of screech339, the problem is that the government messed up this intentions by accepting not the genuine intention but the one which is submitted on paper.

sceech339 is not mean I respect his point of view.