Effective date of Bill C24
- Thread starter SherifEF
- Start date
dpenabill,
Are you saying that calendar year would be (for all applicants) 2015, 2016, 2017, 2018 onward (starting fm Jan-Dec) or a calendar year for an applicant landed on (say) 15th July 2013 would be b/w 15th July 2013 - 14th July 2014?
My understanding is that each applicants' calendar year would be based on his PR date. Pl correct.
Lemme take an example. John became PR on 23rd July 2013. He stayed in Canada until 21st Nov 2013 completing 121 days & left. Then he returned back on 5th Feb 2014 and stayed till 18 June 2014 completing 134 days. So in his calendar year (23/07/2013-22/07/2014) he had completed 255 days. Thus in compliance with 183+ days requirement.
Pl correct my understanding.
Are you saying that calendar year would be (for all applicants) 2015, 2016, 2017, 2018 onward (starting fm Jan-Dec) or a calendar year for an applicant landed on (say) 15th July 2013 would be b/w 15th July 2013 - 14th July 2014?
My understanding is that each applicants' calendar year would be based on his PR date. Pl correct.
Lemme take an example. John became PR on 23rd July 2013. He stayed in Canada until 21st Nov 2013 completing 121 days & left. Then he returned back on 5th Feb 2014 and stayed till 18 June 2014 completing 134 days. So in his calendar year (23/07/2013-22/07/2014) he had completed 255 days. Thus in compliance with 183+ days requirement.
Pl correct my understanding.
dpenabill said:
Technically nothing is stopping you but guaranteed you'll be wasting your time if you do so as you'll have to go through the judge/RQ process which trust me could take longer than the 1yr 3 months required under the new rules.VraiVie said:
You are a troll and u need some social classes in the communityOP_POP said:
You are the one started backbiting me so I messaged you back
You need some social classes
Anyways stop bothering me bye blocking ur id
New requirements for Canadian citizenship are coming soon
This could affect your application if CIC receives it on or after June 11, 2015.
Applications made using current application forms must be received by CIC on or before June 10, 2015, and be complete. CIC will not consider the date of mailing (postmark). If you cannot submit a complete application before June 10, wait to submit an application until on or after June 11, 2015. New application forms must be used if submitting an application that will be received on or after June 11, 2015.
Find out more about upcoming changes to the Citizenship Act and strengthening the rules around access to citizenship.
Thi is official information from Immigration Canada The rule 4/6 is effective from JUNE 11, 2015
This could affect your application if CIC receives it on or after June 11, 2015.
Applications made using current application forms must be received by CIC on or before June 10, 2015, and be complete. CIC will not consider the date of mailing (postmark). If you cannot submit a complete application before June 10, wait to submit an application until on or after June 11, 2015. New application forms must be used if submitting an application that will be received on or after June 11, 2015.
Find out more about upcoming changes to the Citizenship Act and strengthening the rules around access to citizenship.
Thi is official information from Immigration Canada The rule 4/6 is effective from JUNE 11, 2015
You can stop discussing it but you are wrong. This is not complicated. The arithmetic is rather simple.Zaker said:
Applicant who lands July 15, 2014 and does not leave Canada can meet the 4 X 183 requirement as follows:
183 days in 2015
183 days in 2016
183 days in 2017
183 days as of July 3 in 2018 (January through June adds up to 181 days)
That is four years with 183 days (2015, 2016, 2017, and 2018), meeting this requirement as of July 3, 2018.
I do not see what about this arithmetic is confusing.
He will still have to wait until July 15, 2018, however, to meet the 1460 days requirement.
Calendar year is January 1 through December 31.NN74 said:
23/07/2013-22/07/2014 is NOT a calendar year. It is a one-year period of time, not a calendar year.
An applicant who arrives in Canada after July 2nd in any given year cannot satisfy the 183 days presence in the calendar year for that year. There are not enough days left in the calendar year (again, January 1 through December 31) to be in Canada 183 days.
A PR who arrives in Canada earlier in the year but who leaves Canada during the remainder of the year might eliminate that year from potentially counting. For example, the PR who arrives in Canada June 12, 2014, but who goes back to the home country for end of year holidays and leaves Canada on December 10, 2014 say . . . he will not be able to count 2014 as one of the years he meets the 183 day requirement.
As a practical matter, with some exceptions, an applicant will meet the 4 X 183 day requirement if and when he meets the 1460 day total days requirement, and actually usually somewhat sooner. As noted before, I am confident that this particular provision is incorporated into the revised requirements for the explicit purpose of triggering the Canada Revenue presumption of residency, so that CIC can work with CRA for purposes of verifying employment, business interests, and sources of income (and the converse as well, so that CRA can be alerted to potential cases in which taxes are not being paid).
I do not know why you think you are 100% correct and the others are wrong! I am not wrong at all since besides my understanding from the bill, I attended a seminar held in Success and asked a CITIZENSHIP JUDGE about it and he confirmed my understanding. You can wait and see that you are wrong. Just wait for Jun 11th and check who is wrong! Good luck!
screech339
VIP Member
- Apr 2, 2013
- 552
- Category........
- Visa Office......
- Vegreville
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 14-08-2012
- AOR Received.
- 20-11-2012
- Med's Done....
- 18-07-2012
- Interview........
- 17-06-2013
- LANDED..........
- 17-06-2013
Try this link:punk said:
http://news.gc.ca/web/article-en.do?nid=985219
It even updated with june 11th.
Before
Time as a non-permanent resident (non-PR) may be counted toward residence for citizenship
After
Eliminates use of time spent in Canada as a non-permanent resident (non-PR) for most applicants (in effect June 11, 2015)
depnabill,
This means John had made a mistake by landing here on 23rd July 2013, his 121 days would be wasted as not counted towards citizenship 1460 days requirements along with 183 days / calendar year condition.
In other words, any prospective applicant when gets PR visa on or after 3rd July, should delay his/her arrival till 1st Jan so as to save his residency days waste. Ideally after 11th June implementation of C-24, then from July 3rd onward CIC shouldn't issue PR visas as applicants wouldn't be able to meet 183 days requirement during year 2015.
This means John had made a mistake by landing here on 23rd July 2013, his 121 days would be wasted as not counted towards citizenship 1460 days requirements along with 183 days / calendar year condition.
In other words, any prospective applicant when gets PR visa on or after 3rd July, should delay his/her arrival till 1st Jan so as to save his residency days waste. Ideally after 11th June implementation of C-24, then from July 3rd onward CIC shouldn't issue PR visas as applicants wouldn't be able to meet 183 days requirement during year 2015.
Yeah, that if all his life turn around the citizenship. For applicants that chose Canada as a country to stay permanently and to immigrate as soon as they are allowed to, they will land on July or August and even December and won't see it ridiculously as wasting time.NN74 said:
No. NO.NN74 said:
Arrrrgghhhhh.
This is not so complicated.
With isolated exceptions, it does not matter in which part of the year a PR arrives in Canada, by the time the PR meets the 1460 days total in Canada requirement he or she will most likely have already met the 4 X 183 requirement.
If the PR lands during the early part of the year, the year of landing can count as one of the four calendar years (so long as the PR stays in Canada enough that year to total 183 days for the calendar year).
If the PR lands after July 2, there are not enough days left in the year of landing for that year to count as one of the 183 days in Canada calendar years, but the year the PR goes to apply can count, and the PR will at the least have to wait until the fourth year anniversary of the day of landing anyway, which if after July 2 gives him or her the days in that year necessary to meet the 183 days requirement for that year . . . probably, in practice, a date before the PR meets the 1460 days total requirement.
For the PR who lands July 23, 2013, days present in Canada during 2013 count toward the 1460 days total.
But 2013 cannot be one of the years he or she meets the 183 days in the Calendar year requirement . . . rather 2014, 2015, 2016 could be years it is met (so long as the PR is in Canada 183 plus days in each of those years), adding up to three of the necessary four years, and in 2017 the PR will meet it in that year as soon as he or she has spent 183 days of 2017 in Canada . . . potentially as soon as July 3, 2018, that is on the 184th day of 2017.
In the meantime, though, the PR must still meet the 1460 day requirement as well, so it will be later in 2017 when that requirement is met . . . July 23, 2017 if the PR never left Canada, or add the number of days outside Canada to that.
For example, PR who lands July 23, 2013 who in turns spends December each year back home:
The 4 X 183 rule is satisfied by the four years: 2014, 2015, 2016, and 2017, and thus meets this rule in total as soon as the PR has been in Canada 183 days in 2017, potentially by July 3, 2017. But this PR will not meet the 1460 days requirement until January 2018, given the 155 days total abroad from each respective December.
The 4 X 183 requirement is met in July 2017 but the 1460 requirement not met until January the next year.
There are some scenarios in which an applicant can be pushed into needing an additional calendar year or at least longer than it takes to meet the 1460 day requirement, but those will arise due to extended absences (totalling more than six months) in at least two years in addition to a post July 2 arrival in the first year, or in at least three years otherwise. For an applicant who is physically present more than 183 days every year, that applicant will meet the 4 X 183 day requirement as soon as the fourth year (plus any necessary additional days to make up for any absences earlier in that particular year) . . . which usually will be much sooner than an applicant with absences meets the 1460 day total requirement.
At the risk of belaboring this, I make a concerted effort to couch my comments in an appropriate frame of reference, including relative to degrees of confidence.Zaker said:
I do not know what the precise example was that the CJ offered an opinion regarding. I do not know what the basis for the CJs opinion was. Perhaps the next year eligibility was based on section 5(1)(c)(iii), regarding the obligation to comply with tax law, which also references four calendar years. And indeed, while I am fairly confident about how that will work, I am less than certain given that it is subject to some interpretation depending on what is meant by having "met any applicable requirement . . . "
Note: 5(1)(c)(iii) as added by the SCCA states that the PR must have . . . "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"
My understanding, about which I am fairly confident but not certain, is that one will not have to wait until the end of the calendar year (as in wait until January 1 of the following year) for that to be a year in which the PR is in compliance.
The 4 X 183 rule, however, is explicit and straight-forward, its language simple enough to not involve interpretation, albeit of course one does need to know the meaning of the terms used . . . like "calendar year" (which again is the year from January 1 through December 31).
And the arithmetic is straight-forward. Once the PR is landed, all that needs to be done is to count the number of days the PR is in Canada during each respective calendar year. If that total is 183 or more in a given year, that year will count as one of the necessary four years in which the PR was present at least 183 days.
The example of the PR who landed July 15, 2014 and never leaves Canada is in particular straight forward, the arithmetic very simple:
PR in Canada since July 15, 2014, never leaves . . . 2014 cannot count as one of the calendar years meeting the 183 day requirement since this PR will be in Canada only 170 days in 2014.
But for 2015, PR in Canada for 365 days, so 2015 meets the 183 day requirement for one year.
For 2016, the PR is in Canada for 365 days, so 2016 meets the 183 day requirement for another year, now two in total.
For 2017, the PR is in Canada for 365 days, so 2017 meets the 183 day requirement for another year, now three in total.
Then, in 2018, as long as the PR remains in Canada, as soon as he has been in Canada for 183 days (which will happen as of July 3, recognizing that January 1 through June 31 are 181 days, plus two more in July, total is 183 days in 2018), the PR meets the 183 day requirement for this year, and added to the others that totals the necessary four years.
Statute explicitly allows the qualifying year to be a partial year, so no need to wait until the end of the year for the year to qualify.
. . . so as of July 3, 2018, this PR will meet the 183 days in Canada for 2018 and thus as of July 3, 2018, this PR will have met the requirement to be in Canada at least 183 days in four calendar years, those calendar years being 2015, 2016, 2017, and 2018.
There is no doubt about the above. There is no reason why the PR's 183+ days presence in each of the years 2015, 2016, 2017, and 2018 would not count and satisfy the requirement. And again, the statute itself explicitly says it can be a partial calendar year, so there is nothing in the statute which requires waiting until the end of the year for it to count.
This PR will still not be eligible for citizenship as of that day, July 3, 2018 when the 4 X 183 requirement is satisfied, since there are other requirements that also must be met. For example the requirement to be present for 1460 days total. He cannot reach that until July 15, 2018.
There is also the requirement about meeting tax law filing obligations. Perhaps it was about this upon which the CJ based his or her conclusion about not being eligible until January 2019. I would disagree with that as well, but could not state this so definitively or stridently as I can state the observations regarding the 4 X 183 requirement. In any event, however, if the tax filing requirement will preclude the PR landing on July 15, 2015 from becoming eligible until January 2019, that is not about the 4 X 183 requirement.
I was going to say it is worth recognizing that the CIC web site actually described the before and after provisions relative to Canadian income tax as the new law requiring the payment of income taxes . . . but I notice that the new version of the before and after is different than the one CIC had posted for nearly a year, in which it said that the new requirements required the payment of Canadian income taxes . . . now the language is closer to the statute itself, which requires adult applicants to file a return, if required. Big difference.
Perhaps the CJ who offered an opinion was looking at the way CIC had this posted (until last night) and concluded that a PR who landed in July 2014 would have to pay taxes for 2015, 2016, 2017 and 2018, and thus would not be eligible until January, 2019 at the earliest. Since I knew what the statute said precisely, I was fairly confident that the earlier description by CIC was overly broad (it was in other regards as well, saying for example that any criminal conviction precluded eligibility, which is way overbroad).
But since I do not know the CJ's reasoning for the opinion expressed, I cannot fully explain it.
A PR landed on July 05, 2012 and has following travel history;
1. Year 2012 no travel since landed in July 05, 2012= 180 days of stay
2. Year 2013- 7 days absence= 358 days of stay
3. Year 2014- 45 days absence= 320 days of stay
4. Year 2015- 47 days absence= 318 days of stay
5. Year 2016 if no absence until October 31
Total absence=99 days
My understanding is that eligibility date for placing citizenship application is October 15, 2016. Am I right?
1. Year 2012 no travel since landed in July 05, 2012= 180 days of stay
2. Year 2013- 7 days absence= 358 days of stay
3. Year 2014- 45 days absence= 320 days of stay
4. Year 2015- 47 days absence= 318 days of stay
5. Year 2016 if no absence until October 31
Total absence=99 days
My understanding is that eligibility date for placing citizenship application is October 15, 2016. Am I right?
Guys, I think the logical step is to wait untill june 11 to test the new residency calculator. Sorry but I am not convinced about what dpenabill is explaining. Correct me if I am wrong: This means applications will be sent only in one month of each calender year, which is after 184 days in each year (July is month seven of each calender year).