Effective date of Bill C24

[Dave01]

Well according to MUFC the cut off date will be July 1st, 2015, applicants like me will hardly hit by this rules as I'm counting 2years as Work Permit =1 year residency period and now after spending 2 years as PR, I'm eligible at July 17, 2015 only few days difference to put myself on old rules but I know I can't which is obviously not an exciting news for me.

Furthermore, I've to wait until July 2017 to be eligible for Canadian citizenship which is a long tiring wait, can anyone suggest if I apply 1095 - 17 = 1078 days will I get RQ and non-routine application, will the application will be consider to process?

Thx

Dude, Seems you landed May 11, 2013 and with 1 year pre-PR residency you should be qualified to apply by May 11, 2015.

 

[ZingyDNA]

Sure. I have no problem with dual citizenship. You are choosing which country you want to represent you when you enter another country.

And that cannot be changed once you enter another country? I guess you and I have a different understanding of dual citizenship

 

[nadeem55]

Thanks for the response Dave01,

but I've day absent from Canada are almost 40 days, you're correct, I become PR at May 11, 2013
I know I'll completed the basic residence (1120) but physical residence (1078) days

 

[screech339]

And that cannot be changed once you enter another country? I guess you and I have a different understanding of dual citizenship

If you entered another country using your other passport other than Canada, in my example, Lebanese/Canadian, using Lebanese Passport, you are viewed as Lebanese in the country you entered. You are Canadian/lebanese yourself but the country you entered only saw you as Lebanese since you used Lebanese passport.

If you view Canada immigration website about traveling as dual, it warns you that if you entered another country, including your own country using another passport other than Canada, Canada is very limited in being able to help you if you need their help.

 

[Dave01]

Thanks for the response Dave01,

but I've day absent from Canada are almost 40 days, you're correct, I become PR at May 11, 2013
I know I'll completed the basic residence (1120) but physical residence (1078) days

Only a Judge can ascertained your eligibility. I'd risk applying if I were you..

 

[nadeem55]

Yeah, but someone already challenge the federal court:

http://decisions.fct-cf.gc.ca/site/fc-cf/decisions/en/item/63502/index.do

If I've to wait then I'll be eligible to apply after 2 years

Only a Judge can ascertained your eligibility. I'd risk applying if I were you..

 

[screech339]

Only a Judge can ascertained your eligibility. I'd risk applying if I were you..

You do realize that citizenship judges are now out of the decision making process as of Aug 1st 2014. So an agent will be the one who decides if the applicant can move on to citizenship path or not.

 

[Dave01]

You do realize that citizenship judges are now out of the decision making process as of Aug 1st 2014. So an agent will be the one who decides if the applicant can move on to citizenship path or not.

All I'm saying is that "Basic residency" in Canada would still count per the 3/4 rules regardless who's the decision maker..

 

[Dave01]

Yeah, but someone already challenge the federal court:

http://decisions.fct-cf.gc.ca/site/fc-cf/decisions/en/item/63502/index.do

If I've to wait then I'll be eligible to apply after 2 years

So would that stop you from applying? Don't you have strong ties to Canada?

 

[screech339]

So would that stop you from applying? Don't you have strong ties to Canada?

Are you trying to encourage people to apply knowing full well they don't meet the 1095 physical presence under the 3/4 year rule but only the basic residency. You do realize that you are putting them at a higher risk of getting RQ'ed or even denied path by a CIC officer. Isn't it better to advise them to actually meet the physical 1095 requirement to make their application less chance of being delayed.

 

[aries9811]

Can someone tell
whats the basic residence IS ?

 

[nadeem55]

I do have a stronger ties like:

- owing a home (mortgage),
- Canadian family (spouse, 2 kids),
- permanent job from last 4 years,
- paying taxes
- planning to sponsor my mother for PR
- not intent to leave Canada in near future

I this, that's pretty much strong ties if CIC officer ask?

So would that stop you from applying? Don't you have strong ties to Canada?

 

[screech339]

Can someone tell
whats the basic residence IS ?

Basic residence is maintaining 1095 in Canada without being physically in Canada. Mainly for tax purposes.

For example: you landed in Canada jan1, 2011. Come Jan 1, 2014, you meet the 1095 days in Canada. However you left Canada for a 5 day trip vacation. You still maintained 1095 basic residence but you were physically inside Canada 1090 days. Two difference days counted.

If you never left Canada, your basis residency days and your physical presence days are the same, 1095.

 

[aries9811]

What if, during your basic residence, you were outside and obviously were not paying taxes in Canada for a while as no Job inside canada?

 

[screech339]

What if, during your basic residence, you were outside and obviously were not paying taxes in Canada for a while as no Job inside canada?

You can still file income taxes , even if you have no job. You would be missing out on tax benefits like GST refund, child benefits, etc, etc. So if you haven't been filing your taxes even with zero income while you were in Canada, you are basically telling CIC that you were not residing in Canada as CIC will use CRA income tax one of proofs that you are residing in Canada. So if someone hasn't been filing taxes, they better get their b*tt in gear and start filing their taxes if they want to claim benefits or refunds, also to make citizenship application process go smoother.

Passport records of you leaving around 5 days for vacation in total can be used as proof of basic residence as well. You are deemed a residence of Canada if you stayed in Canada 6 month plus a day and longer. So your passport record may show you have maintained basic residency in Canada but doesn't have the physical presence requirement. Let say you stayed in Canada say 10 months and 2 months outside Canada in a year. You are considered to be a resident of Canada (basic residence = 365 days (tax purposes)) but you were really in Canada 10 months physically (physically presence requirement 305 days)