Effective date of Bill C24

[screech339]

I think that you have a really good chance to apply according to the current law

Are you sure he has a good chance? How do you know? I can say he doesn't have a good chance or he has a slim chance. After all I can't be proven wrong now, can't I?

 

[screech339]

I am talking only about the citizenship application and the false fear that is spread around the new applicants. There is no practical possibility somebody to get a denial just because he left the country while the application is pending.

It is simply not possible.

Actually there is. CIC sees that you came back to Canada in your passport stamped records to write test when you showed up to write test. Hmmmm, sorry you didn't meet the "intend to reside" clause. You were suppose to remain in Canada during the processing. Or how about this. CIC sees that you came back to Canada to finish your oath. Hmmmm, sorry you didn't meet the "intend to reside" clause. You were suppose to remain in Canada during the processing.

If the officer think you violated "intend to reside" clause, the onus is on you to prove you that you did not violate it, only went out for a week or 2 vacation during the processing of application by providing exit records to them. Once CIC sees that you actually left Canada after submitting the application, it clearly proven that you violated the clause.

CIC officer can at any time cancel the application if they deems to believe that you didn't meet the "intend to reside" during the processing.

 

[MUFC]

Actually there is. CIC sees that you came back to Canada in your passport stamped records to write test when you showed up to write test. Hmmmm, sorry you didn't meet the "intend to reside" clause. You were suppose to remain in Canada during the processing.

Or how about this. CIC sees that you came back to Canada to finish your oath. Hmmmm, sorry you didn't meet the "intend to reside" clause. You were suppose to remain in Canada during the processing.

All this scenarios are not applicable if the person has the required period of physical presence before the submission of the application.

The person has to be absolutely sure about his calculations of the days before he sign the application. If the person also pass the test and there is no questions about his residency before the application is signed, than he has nothing to worry about.

 

[screech339]

All this scenarios are not applicable if the person has the required period of physical presence before the submission of the application.

The person has to be absolutely sure about his calculations of the days before he sign the application. If the person also pass the test and there is no questions about his residency before the application is signed, than he has nothing to worry about.

So according to your logic, Sponsors that passed the 3 year LICO requirement for PGP can quit working after submitting their application since it is only the 3 years of LICO requirement that matters.

Or it is okay to go on welfare after submitting PR sponsorship since they qualified to sponsor at time of submitting application. That's all that matters.

Anyway, there is no point in trying to convince you otherwise. You seem totally blind to this possibility that CIC has the power to cancel the process if applicant is found to not reside in Canada during the application process. I guess only time will tell.

 

[MUFC]

Oh so sponsors that passed the 3 year LICO requirement for PGP can quit working after submitting their application since it is only the 3 years of LICO requirement that matters.

Or it is okay to go on welfare after submitting PR sponsorship since they qualified to sponsor at time of submitting application. That's all that matters.

Here we are talking specifically and only about the citizenship procedure.
The law doesn't say anywhere that the applicant will get denial just because he left the country while the application is in process.... the main reason this people will face trouble is that they are in danger because there is a big possibility for them to miss an appointment because they got no time to react and to come back on time

 

[screech339]

Here we are talking specifically and only about the citizenship procedure.
The law doesn't say anywhere that the applicant will get denial just because he left the country while the application is in process.... the main reason this people will face trouble is that they are in danger because there is a big possibility for them to miss an appointment because they got no time to react and to come back on time

You do realize that CIC handles all immigration matters including citizenship. If they detect misrepresentation on the applicant's part in acquiring citizenship by not following the requirements to get it, including up to time of oath, they can stop it. Only time will tell.

 

[MUFC]

You do realize that CIC handles all immigration matters including citizenship. If they detect misrepresentation on the applicant's part in acquiring citizenship by not following the requirements to get it, including up to time of oath, they can stop it. Only time will tell.

There is nothing in the law that can support the quote in bold, simply because practically is not possible.

 

[screech339]

There is nothing in the law that can support the quote in bold, simply because practically is not possible.

Just because it is not written like you say doesn't mean they lose it. No where does it say anywhere in inland sponsorship say they cannot get PR status in law either and yet they lose status because they didn't follow the rules and regulation requirement.

 

[CanadianCountry]

I would have to side with @screech339 on this.

As I understand, the applicant upon completing the physical presence requirement and sending application out, is NOT bound to stay within Canada. But that doesn't mean he can move his residence abroad. The applicant cannot pack his bags and drop his application on his way out towards the airport.

The applicant doesn't have to maintain physical presence till oath, but has to maintain residence at least till oath if not longer. This is the minimum requirement.

There is nothing in the law that can support the quote in bold, simply because practically is not possible.

 

[MUFC]

This clauses are clauses with moral value only.

There is no way an applicant to be in trouble because of them... never happened and never will

 

[screech339]

I would have to side with @ screech339 on this.

As I understand, the applicant upon completing the physical presence requirement and sending application out, is NOT bound to stay within Canada. But that doesn't mean he can move his residence abroad. The applicant cannot pack his bags and drop his application on his way out towards the airport.

The applicant doesn't have to maintain physical presence till oath, but has to maintain residence at least till oath if not longer. This is the minimum requirement.

In order to maintain residence in Canada, you must not leave canada longer than 6 months in any rolling year. The moment you are gone longer than 6 months, you are deemed a non-resident. So you would still need to meet physically 6 month presence in a rolling year period during the process. So there is a form of maintaining physical presence while waiting. No minimum but it is implied in the maintaining residence.

 

[CanadianCountry]

This is for applicants under the new law. Under old law it's not applicable.

Furthermore for new law applicants, even this requirement is for the time the applicant is accumulating time towards 4yr requirement. And doesn't apply towards the time between the application and oath timeframe.

In order to maintain residence in Canada, you must not leave canada longer than 6 months in any rolling year. The moment you are gone longer than 6 months, you are deemed a non-resident. So you would still need to meet physically 6 month presence in a rolling year period during the process.

 

[screech339]

This is for applicants under the new law. Under old law it's not applicable.

Furthermore for new law applicants, even this requirement is for the time the applicant is accumulating time towards 4yr requirement. And doesn't apply towards the time between the application and oath timeframe.

Agree that it applies to the new law. But apparently MUFC doesn't seem to see this as part of the new requirement once it is fully implemented.

 

[MUFC]

They just want to make sure that the applicants were here enough time before they apply.... after that they can do whatever they like

 

[screech339]

They just want to make sure that the applicants were here enough time before they apply.... after that they can do whatever they like

Believe whatever you want. I am sure CIC will tell you otherwise once it is fully implemented.