mirki said:
Hi All,
I realized that all of my previous residency calculations were wrong. I was putting the date I arrived to an overseas country, not the date I left Canada. There is 1 day difference and in total of 7 trips, this makes 7 days difference. I can no longer apply in May. But it is even worse: I am leaving Canada on June 4th for four months and according to the new calculation I meet the residency requirements on June 5th!!
This is too bad. But I was wondering whether can I complete the application package and have a friend of mine sent it to CIC while I am away? (say on June 6th, hoping that the law won't come into effect by then). This sounds reasonable to me now, but I lost faith in my ability to deal with these issues.
Whoa, whoa. Not sure you are asking what you appear to be asking.
Turns out you will not meet the current residency requirements until June 5th, which means you cannot apply until June 6th (applicant must meet the qualifications as of the day
before the application is signed), but you will be leaving Canada on June 4th . . . so you wonder . . . what?
Are you wondering if you can sign and date the application after June 5th, declare presence in Canada until that day, and thus be processed for citizenship under the current law, even though you will leave Canada on June 4th?
No. Emphatically, NO.
You can certainly sign the application before you leave Canada and leave it with a trusted friend to mail to CIC. But what good would that do? Even if you post-date it, for the 6th of June say, your residency calculation must still accurately report all dates you left Canada right up to the day before you sign it, and it appears that reporting you left on June 4th will make you one day short of 1095 days APP.
Fudge that day in the residency calculation at your peril. (With potential consequences more serious than merely being denied citizenship.)
Appears you are facing a October 2016 qualifying date, at the soonest.
Of course you can make a shortfall application, applying based on 1094 days of actual presence. Make no mistake, though, this would be a shortfall application. Being close, even that close, will not mean being assessed based on meeting the 1095 days of actual presence test. This is the test which is, at the least, being applied for the vast, vast majority of applicants. We are not even sure to what extent there are any ongoing exceptions made, let alone what might qualify for being assessed based on a qualitative test. Odds of success for a shortfall application for an applicant who left Canada the day of or a day after making the application are dismal at best.
surgi said:
For those who still think that the bills including C24 is not the main voters concern or cornerstone to vote for which party. Look at the result of provincial election in Alberta. Alberta votes for the progressive conservatives since 40 years. No other party could find a place in Alberta. The NDP won 54% of votes!!!. Do not forget Ontario and Quebec provincials too!! I know well many immigrants moved to vote for NDPs including Chinese who are not usually a part of the voters mass. Everybody is afraid from the attitude of the government and those Bills. If the conservatives declare the effective date of Bill C24 before the federal elections I think it will be as a suicide and they will have no chance to win. It will be a fatal mistake. So I think who has to apply before elections mostly will have a good chance to apply on the old rules.
Actually the NDP only received
41 percent of the vote, but did win 53 seats in the Provincial Parliament.
This is a huge turn around, but obviously having a lot more to do with the scandal-plagued Alison Redford (last elected Premier of Alberta), major missteps by Jim Prentice (took over when Redford resigned due to the scandals), and dramatic changes in the Alberta economy in large part due to the collapse of oil prices. So far as the debates and major media coverage went, this election had nothing to do with immigration or citizenship policies, and of course the Provincial government itself has nothing to do with Canada's immigration or citizenship policies.
I am nonetheless hoping that the Conservative Party is similarly poised to take a beating in the Federal Election, for lots of reasons, including this government's mishandling of the economy.
How it will go is up in the air . . . way, way up in the air.
MUFC said:
Here is the link http://www.gazette.gc.ca/gazette/home-accueil-eng.php
The Act is expected to be published in Part II, which usually is issued bi-weekly. The real cut off date is also expected to be published there after the final notice.
Reminders:
The Act will
NOT be published in Part II of the Gazette. Acts of Parliament are published in Part III.
And the
Strengthening Canadian Citizenship Act (SCCA; also known as "Bill C-24")
has already been published in the Gazette, again in Part III, published last September 3, 2014.
Date of Enforcement:
Simple observation is that what is meant by and entailed in the "coming-into-force" date is the same as what is meant by "date of enforcement." They are one and the same. The only difference is what this means, and particularly what it means for any applications already made or in process. The latter is governed by what are categorized as "transitional provisions," which for purposes of the requirements governing adult grant citizenship are mostly specified in section 31(1) of the
SCCA (subject to other provisions governing certain aspects of procedure, including those which are already in force since last August).
Whatever date the Governor in Council fixes as the date section 3 of the
SCCA is to come-into-force will be the applicable enforcement date for the revised requirements applicable to adult grant citizenship. That is, there will be
NO delay in enforcement between the coming-into-force date and the date upon which applications will be subject to the revised provisions.
Thus, the revised adult grant citizenship requirements will take effect as of the date that is fixed as the coming into force date for section 3 of the
SCCA. That is what "coming into force" means.