Is C6 retrospective?

[KenCK]

Hi Everyone,

Are the days spent in Canada as Permanent Resident before bill C-6 became the law or before it becomes effective in fall 2017- retrospective as long as within 5 years of your citizenship application date? such as even a few days per year such as 5 days spent in Canada as PR in 2015 can be counted towards the the 3 years in total required out of the last 5 years as per bill C6 in order to applying for citizen?

Any input is very much appreciated.

Thanks

 

[Bs65]

Seems pretty clearly defined both on this forum and in the published assent that when C6 becomes effective that the rules for any application for citizenship change from 4 out of 6 to 3 out of 5 years in the years preceeding the date of application.

This with the addition that upto 730 half days (1year) pre PR in a qualifying status can be counted as well towards the 3 out of 5. The 3 years are accumulated physical residence days not continuous.

As for retrospective and others will correct me applications placed before the effective date would be under the old rules not the new rules.

 

[KenCK]

Thanks very much,

Please correct me if I misunderstood the previous post. Would anyone please confirm this: so in regards to retrospective matter of bill C6, hypothetically a PR only spent 30 days only as PR in Canada in 2016 won't be able to have these 30 days counted towards 3 years required if he applies for citizenship ASAP within the 5 years' window under C-6 if the rules of bill C6 relevant to the above matter will be indeed implemented in fall 2017??

 

[dpenabill]

I am not sure I understand your hypothetical or what confuses you.

For an application made after the date the new law takes effect, the applicant will count any days in Canada during the preceding five years; half day credit for days before PR (but still within the relevant five years), full day credit for days in Canada as a PR.

Thus, for example, assuming new 3/5 rule is in effect by then, an applicant who applies on December 1, 2017 will be able to count all days spent in Canada since December 2012. So, obviously, any days spent in Canada in 2016 will count.

Indeed, any days spent in Canada in 2016 will count for anyone who applies (once the new rules take effect) before January 1, 2021.

 

[KenCK]

Thanks very much for confirming that for me.

I guess all what I am trying to seek clarification is whether the new rules in bill C-6 that counts days towards the 3 years out of the 5 years are the days that MUST be coming from days AFTER fall 2017 OR NOT, which is when those relevant rules will be indeed implemented in fall 2017.

Thank you very much once again.