Need some clarification Before apply for Canadian Citizenship

[lazysmartboy]

Hello There,

I am working in Canada as an Consultant for one USA based software company. My client's company is not here so I am Individual consultant. I am filling tax as proprietor. I want to apply for Canadian citizenship.

My Case is here:-
I landed in Canada on April-2012 and I started work for them from June-2012 to till Date. I visited my home country/City where my Client's company's branch there from where I worked last year for 4 months. Now as Canadian citizenship rules are changing on 19th-June-2015 and If CIC will not consider that 4 months Period because I was not physically present in Canada than I am technically short for 40days for 3 years.

My Questions:-
1.If I will take letter from My client stating that I worked for them from there sister's company office in my home country. Will CIC consider for that 4 month Period as reside in Canada? I paid the taxes for all 4 months which I worked out side of Canada.
2. Please let me know If there is a way to handle this situation before new rule come to effect.

Thank you very much in Advance and looking for some positive reply.

 

[Zumba369]

Hello There,

I am working in Canada as an Consultant for one USA based software company. My client's company is not here so I am Individual consultant. I am filling tax as proprietor. I want to apply for Canadian citizenship.

My Case is here:-
I landed in Canada on April-2012 and I started work for them from June-2012 to till Date. I visited my home country/City where my Client's company's branch there from where I worked last year for 4 months. Now as Canadian citizenship rules are changing on 19th-June-2015 and If CIC will not consider that 4 months Period because I was not physically present in Canada than I am technically short for 40days for 3 years.

My Questions:-
1.If I will take letter from My client stating that I worked for them from there sister's company office in my home country. Will CIC consider for that 4 month Period as reside in Canada? I paid the taxes for all 4 months which I worked out side of Canada.
2. Please let me know If there is a way to handle this situation before new rule come to effect.

Thank you very much in Advance and looking for some positive reply.

CIC will not count your time spent outside Canada.

Is the June 19th confirmed ? It is not recommended to apply without the physical presence, 40 days is to much time.

Good luck !

 

[MUFC]

Nobody knows when the new law will come in effect, there are only speculations and guesses for the month and the date.

Without at least 1095 days of physical presence before the law changes the application will not be successful, so you can apply in August if the law is not in effect by then.

 

[dpenabill]

As noted, we do not know when the new residency requirement will come into force. Most bets are July 1st, which would still be too soon for you to apply without a shortfall (shortfall is a case in which the applicant applies without meeting the 1095 days of actual physical presence in Canada threshold). It might be sooner, like June 1st. But you can follow the news and if it is August 1st, you might just slip in under the wire.

Regarding rejection for falling short of 1095 days actual presence, the previous posts might be practically correct but they are not technically correct. It might be true that practically speaking a shortfall application will for sure be rejected. The current law, however, does allow a Citizenship Judge to approve a shortfall applicant in some cases. Odds against a shortfall applicant are high. Additionally there was a recent case which alluded to no shortfall approval for applicants who have been a PR for less than four years (less than 1460 days basic residency). That issue was not decided by the Federal Court, was a reference really to only one Citizenship Judge's opinion, and I have not seen that specifically stated previously . . . however, I had long had the sense that shortfall cases based on less than four years since becoming a PR were more difficult even back when more shortfall applications were being approved.

For a shortfall applicant now, RQ is almost guaranteed. CIC's opposition is highly likely. A long application process ending up before a Citizenship Judge is highly likely. Getting a CJ who will only apply the physical presence test (which would mean being denied) is highly likely. Only a small chance of success, if any.

Given the hassle of RQ, and how long the process would take, and low odds of success, probably by far better to just wait the extra year and apply in 2016 after you meet the 1460 presence test.

By the way, no, working for a client abroad (which is what you did, in effect, since you are apparently an independent contractor, not an employee, so your "employer" is essentially a patron or client or customer) is no better than any other reason for being abroad. When you do apply for citizenship, probably better to not identify the client abroad but rather stick to what you do ("software design" or "software engineer" or such, whatever it is you actually do) and refer to yourself as self-employed . . . naming an "employer" abroad risks raising reasons-to-question-residency . . . although, however you do this, be sure to be accurate and not the least bit deceptive . . . if for example you are actually a remotely working employee, well you are an employee and need to name the employer.

 

[lazysmartboy]

Thank you very much everyone for quick reply.
@Zumba369 and @MUFC-- My family friend who are eligible for application Canadian citizenship on 1st of June-2015 they called CIC and CIC agent confirm that 16th-June is official.

@dpenabill -- Thank for detailed reply. I have already showed CIC that I am working for USA based company for my Wife's PR file. If I will apply next year(2016) for Canadian Citizenship and I will not changed the job.
Previously I already submitted my client's letter that I worked for them from Canada to CIC than Will it conflict my previous answer to CIC that I will show them as self-employed now?

 

[MUFC]

The call centre clerks continue to say different dates and months.
I don't know why they also speculate with the cut off date when nobody knows at witch month it will be.
If the cut off date is known it will be published officially.

The very possible period for that will be from Mid-April until September, so theoretically you still have a chance to apply in August under the old rules.