May have been answered previously....

[ERJOPA]

...but can't see it recently.

Question about 3/4 vs. 4/6 -- When the new 4/6 rule comes into effect, will CIC ask those who haven't been fully (or even partially, or not yet even) processed yet to re-calculate their residency days, or will they proceed with the ones already received under 3/4 to clean out the backlog (since I do not see anyone reasonably applying for a while if they don't have at least 5+ years under their belt)?

BTW...mine is still "received" under ecas and almost 60 days since AOR.

 

[dpenabill]

...but can't see it recently.

Question about 3/4 vs. 4/6 -- When the new 4/6 rule comes into effect, will CIC ask those who haven't been fully (or even partially, or not yet even) processed yet to re-calculate their residency days, or will they proceed with the ones already received under 3/4 to clean out the backlog (since I do not see anyone reasonably applying for a while if they don't have at least 5+ years under their belt)?

BTW...mine is still "received" under ecas and almost 60 days since AOR.

Yes this has been asked and answered often . . . any application in processing before the new requirements take effect will still be processed pursuant to the current rule (3/4).

Current applications will not require recalculating residency subject to the changes.

 

[raymasa]

BTW...mine is still "received" under ecas and almost 60 days since AOR.

eCAS is not updated frequently. I won't count on that. Since you have received the AOR, you should be processed under the currently regulations. Assuming your qualify

Ray

 

[boltz]

Yes this has been asked and answered often . . . any application in processing before the new requirements take effect will still be processed pursuant to the current rule (3/4).

Current applications will not require recalculating residency subject to the changes.

Do we know when it's considered accepted?
Once application has reached sydney office; or only after getting AOR?

 

[MUFC]

boltz
When it reaches the office.

You will be under the old rules. Don't worry.

 

[boltz]

boltz
When it reaches the office.

You will be under the old rules. Don't worry.

Cool...

 

[raymasa]

Do we know when it's considered accepted?
Once application has reached sydney office; or only after getting AOR?

I think it is when you get the AOR. If there are any issues with the application, it will be returned and not recorded in the system as "start processing". You will have to send the new corrected application, after first one is returned.

Ray

 

[dpenabill]

I think it is when you get the AOR. If there are any issues with the application, it will be returned and not recorded in the system as "start processing". You will have to send the new corrected application, after first one is returned.

Ray

The date that will determine whether the application is governed by the old rule or new rule is definitely not the AOR date. That said, you bring up an important consideration: if the application is returned to the applicant because CIC deems it incomplete, the later date when it is resubmitted will determine if the old or new rule applies. Applicants do not know for certain that the application has been accepted as a complete application until the AOR.

Section 31 of the SCCA specifies that applications "made" as of the day before the new requirements take effect will be governed by the Citizenship Act as it read the day before the new provisions take effect. This is for purposes of section 5(1)(c) of the Citizenship Act, the adult grant citizenship requirements, including the 3/4 rule.

I am not at all certain what "made" means in this context, except that so long as the application is complete, properly signed, fees paid, I am confident that it is made as of the date it is received by CPC . . . leaving open some question as to whether or not a complete application signed and shipped before the change takes effect but arriving at CIC after the change will be governed under the old or new provisions.

The reason the AOR is significant, again, is that until the applicant gets this, the applicant is not certain that CIC has accepted the application as complete. Returned applications subsequently submitted are not made until re-submitted.

I have seen anecdotal reports of applications returned because things like the photo-copies of Identification were enlargements and not accepted, and for other fairly technical reasons, so sure this is a concern. But so long as the application is complete and properly signed, it will be considered made as of the date it arrives at CIC . . . or possibly the date it was signed (so long as it was complete).

 

[raymasa]

Thanks for clarification dpenabill. Since the poster asked "when the application be considered accepted, at receipt or AOR sent", I only answered that question, to clarify MUFC's answer.

But you are right, the date will apply for current or new regulation will depend on the date CIC received the application, unless the application was not accepted and no AOR sent, instead the application returned.

In which case the new date of receipt (when the applicant has sent the new application), will apply, assuming that application is accepted and AOR sent by CIC

Ray

 

[MUFC]

Yes I've answered with the presumption that the application is complete.

I'm sure that boltz will send complete application.

 

[thecoolguysam]

Suppose the new rule comes into effect on 30th June 2015 and someone sends the application and it gets delivered to CIC on 29th June and is complete (opened after 1 month (30 July 2015), they will consider it under old rule 3/4

If the same application that was delivered on 29th June (opened after few days eg. 30 July 2015) and they find it incomplete, they will send it back and then the person has to apply with new 4/6 rule.

That's what my understanding is. Please someone correct me if I am wrong.

 

[MUFC]

Correct.

 

[boltz]

Yes I've answered with the presumption that the application is complete.

I'm sure that boltz will send complete application.

Thanks for those words... . I too hope my package'll be identified complete in all respects...

However, what makes you feel so - inquisitive.