June, July 2015 applicants before Bill C-24 4/6 residency law.

[nadeem55]

Hi,

I wanted to gather all the potential applicants here who wish to apply in June or July, 2015 before the Bill C-24 residency requirements come in effect, either they are meeting the physical presence or not but willing to apply.

So, according to the residence calculator, I'll be eligible to apply in mid July, 2015 under current (old) law and if I accept most of the speculations that the 4/6 residency rule will be coming to enforce in 1st July, 2015 then obviously I'll have shortage of few (17) days before I'll be meeting the physical presence of 1095 days. I'll be preparing my application in the mid of June, 2015 and send it at the last week of June if the cut off date will be 1st July, 2015.

Now, I read from many forums and posts that CIC officer still accept the citizenship application if someone meet the basic residence and not the physical presence, they will forward the application to the CJ for hearing, I thought this approach has already been deprecated as now instead of 3 steps, only 1 step procedure has implemented for citizenship application and CIC officer has given more power than citizenship Judge, is that true?

Let's join and share the timelines, whoever fall under this circumstances, so we can closely analyse and understand our applications.

 

[NadTab]

Hi,

I wanted to gather all the potential applicants here who wish to apply in June or July, 2015 before the Bill C-24 residency requirements come in effect, either they are meeting the physical presence or not but willing to apply.

So, according to the residence calculator, I'll be eligible to apply in mid July, 2015 under current (old) law and if I accept most of the speculations that the 4/6 residency rule will be coming to enforce in 1st July, 2015 then obviously I'll have shortage of few (17) days before I'll be meeting the physical presence of 1095 days. I'll be preparing my application in the mid of June, 2015 and send it at the last week of June if the cut off date will be 1st July, 2015.

Now, I read from many forums and posts that CIC officer still accept the citizenship application if someone meet the basic residence and not the physical presence, they will forward the application to the CJ for hearing, I thought this approach has already been deprecated as now instead of 3 steps, only 1 step procedure has implemented for citizenship application and CIC officer has given more power than citizenship Judge, is that true?

Let's join and share the timelines, whoever fall under this circumstances, so we can closely analyse and understand our applications.


Hi Nadeem

I m Nadeem too. . I am in some case. I m eligible on 16 june and my wife will be on 26 july

And we wanna apply together as a famy case. I think it wil take less time . Plz advise me shd we apply together before first july like u or wait till 26 july. But some one told me if election announce early tjis law may impliment later. Is it true?I am also confuse .

Nadtab

 

[eltorpe]

Now, I read from many forums and posts that CIC officer still accept the citizenship application if someone meet the basic residence and not the physical presence, they will forward the application to the CJ for hearing, I thought this approach has already been deprecated as now instead of 3 steps, only 1 step procedure has implemented for citizenship application and CIC officer has given more power than citizenship Judge, is that true?

The Citizenship Officer has the power to approve an application. If they refuse an application on residency grounds, the application has to be referred to a Citizenship Judge.

See http://www.cic.gc.ca/english/resources/tools/cit/admin/decision/roles.asp

 

[nadeem55]

The Citizenship Officer has the power to approve an application. If they refuse an application on residency grounds, the application has to be referred to a Citizenship Judge.

See http://www.cic.gc.ca/english/resources/tools/cit/admin/decision/roles.asp

I thought once the citizenship officer refuse then they returned the application but you're saying they referred to CJ to further hearing, does that take long to see the CJ these days?

Any recent experience?

 

[chikloo]

Hi,

I wanted to gather all the potential applicants here who wish to apply in June or July, 2015 before the Bill C-24 residency requirements come in effect, either they are meeting the physical presence or not but willing to apply.

So, according to the residence calculator, I'll be eligible to apply in mid July, 2015 under current (old) law and if I accept most of the speculations that the 4/6 residency rule will be coming to enforce in 1st July, 2015 then obviously I'll have shortage of few (17) days before I'll be meeting the physical presence of 1095 days. I'll be preparing my application in the mid of June, 2015 and send it at the last week of June if the cut off date will be 1st July, 2015.

Now, I read from many forums and posts that CIC officer still accept the citizenship application if someone meet the basic residence and not the physical presence, they will forward the application to the CJ for hearing, I thought this approach has already been deprecated as now instead of 3 steps, only 1 step procedure has implemented for citizenship application and CIC officer has given more power than citizenship Judge, is that true?

Let's join and share the timelines, whoever fall under this circumstances, so we can closely analyse and understand our applications.

I would strongly recommend not to apply with residency shortfall. CO or CJ both will be critical and everyone in CIC is looking for a reason. Please wait for your residency dates. If you apply now and they refuse your application then in 4/6 rule also you will end up getting RQ.

 

[Desert Lion]

All changes related to the change bill C24 will come in effect by June 19, 2015. We do not know what does it mean intention to reside, will the government strip any Canadian from his citizenship that is acquired by natualization or not allow them to freely move abroad, this is a big issue of debate as it is against the Constitution that allow freedom of movement inside and outside Canada and will create two classes of citizens, some are born and some are by naturalization

 

[nadeem55]

I would strongly recommend not to apply with residency shortfall. CO or CJ both will be critical and everyone in CIC is looking for a reason. Please wait for your residency dates. If you apply now and they refuse your application then in 4/6 rule also you will end up getting RQ.

Thanks, we need to wait and see the rolling ball when this will come to stop.

 

[MUFC]

http://www.cic.gc.ca/english/citizenship/cit-changes.asp
where it is mention that...
Changes with respect to a new revocation decision-making process and new grounds for revocation of citizenship may come into force earlier than the above-listed provisions.


It is good news that the above is still waiting to be implemented, because the cut off date according to the message has to be after the new revocation decision making is in effect... but so far only silence... which is good news for those who are waiting the actual cut off date.

 

[dpenabill]

I thought once the citizenship officer refuse then they returned the application but you're saying they referred to CJ to further hearing, does that take long to see the CJ these days?

Any recent experience?

It is too soon for there to be much reporting about Citizenship Officer refusals.

Per the changes in Bill C-24 it really is not clear that Citizenship Officers can refuse grant citizenship applications, although there is clear authority to terminate applications (such as for the failure to appear as scheduled). It is clear that Citizenship Officers, as the Minister's delegates, can approve applicants and grant citizenship, and that this is the key element in the so-called one-step process (which is about a single decision-making step, not to be confused with the many processing steps CIC puts an application through, from initial screening for completeness, triage criteria screening, background checks, pre-interview assessment, interview, and so on).

Revised section 14 of the Citizenship Act, currently in effect (as of August 1, 2014) prescribes the procedure IF, if the application is referred to a Citizenship Judge, in a case where "the Minister is not satisfied that the applicant meets the requirements" of section 5(1)(c) (the residency requirements). Whether one describes this as a "refusal," or as merely a decision to decline taking action to approve and grant citizenship, the effect appears to be the same so long as the reason is based on the residency requirements. The case is then referred to a Citizenship Judge.

We just do not know, as yet, what this actually looks like in practice.

And we do not know how the current government intends to interpret and apply this. Is a referral mandatory? Or discretionary (given the "IF" in section 14)? That is, if the Citizenship Officer conducts a hearing (there is at least one anecdotal report suggesting this might be what CIC is doing) and makes a conclusive decision that the residency requirement was not met, can CIC terminate (refuse) the application? or must CIC still refer the case to a CJ? Is that different from the Minister not being "satisfied" pursuant to which a referral to the CJ would be made?

For the most part, however, the difference in procedure probably will be of little import relative to making the difficult decision PRs in your situation are faced with making this summer.

While CIC itself may be stricter than CJs in applying the APP test, it is not likely it will be by much. What will matter is the internal parameters CIC employs in deciding to what extent, based on what criteria, an exception to the APP test will be available and potentially applied. It is not at all likely we will see much information illuminating this . . . that is, we just will not know to what extent exceptions to the APP test are being made. The appearance is that the exceptions are at best few, limited.

And, as I recall relative to your personal situation, my sense is that applicants relying on pre-landing credits for APP have a very, very low chance of succeeding with a shortfall (less than 1095 days APP credit).

Overall the main thing is to keep watching for real news about the date the Governor in Council orders the relevant provisions to come into force, and be prepared to apply quickly if there is an opportunity to apply based on 1095 days APP before the new residency requirements take effect. Otherwise, frankly, the odds are not at all good.

All changes related to the change bill C24 will come in effect by June 19, 2015. We do not know what does it mean intention to reside, will the government strip any Canadian from his citizenship that is acquired by natualization or not allow them to freely move abroad, this is a big issue of debate as it is against the Constitution that allow freedom of movement inside and outside Canada and will create two classes of citizens, some are born and some are by naturalization

Actually there is no issue, no debate about impact of the intent-to-reside-clause on citizens: the intent-to-reside-clause will have NO impact on the mobility of citizens.

I realize some early commentary on Bill C-24, including by the Canadian Bar Association, referred to this. It was a red herring. While the full range of interpretation and application of the "intent-to-reside-clause remains to be seen, there is no doubt, it will not have an impact on the mobility of anyone who is a citizen, regardless of when they apply or became a citizen.

By the way, some changes related to Bill C-24 are already in effect. And there is no reliable source of information saying precisely when other, not-yet-in-effect provisions (such as the intent-to-reside-clause) will come into effect. Might be June 19, but June 1 or July 1 seem a lot more likely, even though we can be confident that at the least it will happen this year and almost certainly by September 1.

 

[oldfriend]

Hi,

I will be qualified for citizenship on 28th of June 2015 which is Sunday ,and 1st of July is Canada day which is holiday so I have only 29th and 30th of June if the cutoff date will be the 1st of July.Please I need to know what will happen if I send my application on 29th of June (from Vancouver BC) and received on 2nd or 3rd of July? Do I risk to have my application returned.

Also I need to know which courier works on Sundays and offer "next flight" express delivery. Cost is not important , the important is shortest time for the application to be sent from Vancouver BC and received in Sydney NS.

Any advice is highly appreciated

 

[OP_POP]

Just FYI, you guys should try to submit your application before June 19th

I called CIC today and asked for the date that Bill C24 Lost Canadians provisions related to my case (born abroad before 1947 to a Canadian mother and non-Canadian father) will come into effect. After a very long wait I got the answer that they will become effective on June 19th 2015. I decided to post this information not so much for the small number of members of this forum who are in a situation identical to mine but because I believe that confirms the general scenario that all provisions of this Bill will become effective this summer

 

[Destined]

Correct me IF I am wrong.

Where did they say that it is going to be June 19th 2015. It could also me June 1st week or June last week.

I request to post the link of official declaration or a link that is trustworthy.

Regards

Just FYI, you guys should try to submit your application before June 19th

 

[MUFC]

Hi,

I will be illegible on 28th of June 2015 which is Sunday ,and 1st of July is Canada day which is holiday so I have only 29th and 30th of June if the cutoff date will be the 1st of July.Please I need to know what will happen if I send my application on 29th of June (from Vancouver BC) and received on 2nd or 3rd of July? Do I risk to have my application returned.

Also I need to know which courier works on Sundays and offer "next flight" express delivery. Cost is not important , the important is shortest time for the application to be sent from Vancouver BC and received in Sydney NS.

Any advice is highly appreciated

If you can, get a flight to Toronto or Montreal on Sunday and submit your application Monday morning time... by the end of Tuesday the 30th of June your application should be in the CIC office.

Just double check if you have at least 1095 days of physical presence the day before you sign your application.

 

[OP_POP]

Correct me IF I am wrong.

Where did they say that it is going to be June 19th 2015. It could also me June 1st week or June last week.

I request to post the link of official declaration or a link that is trustworthy.

Regards

I saw it in this thread. It is the information a user got when he called CIC today:

http://www.canadavisa.com/canada-immigration-discussion-board/a-lost-canadian-t253316.0.html;msg4049661#msg4049661

 

[MUFC]

Only the regular call agents are spreading this misleading information that the cut-off date will be on 19th of June.

When a person manage to speak with a supervisor in CIC the information is always the same as an answer " It will not be effective before July for sure."

Don't trust the regular call agents guys.