New law: 183 days in a calendar year

[jason2540]

The new law states that "must be physically present in Canada for at least 183 days in each of four calendar years within the qualifying period."
Now, let's picture this: you landed as a PR in August 2013, but was already in Canada since 2011 with a temporary working visa. Would the months before being a PR count for the 183 days for the year 2013, as you were already working in Canada, or only the days from when you become a PR?

 

[ari5323]

The new law states that "must be physically present in Canada for at least 183 days in each of four calendar years within the qualifying period."
Now, let's picture this: you landed as a PR in August 2013, but was already in Canada since 2011 with a temporary working visa. Would the months before being a PR count for the 183 days for the year 2013, as you were already working in Canada, or only the days from when you become a PR?

Only the PR days are count

 

[jason2540]

Thanks for the response. Another thing I don't get is why they say "they must be physically present in Canada for at least 183 days in each of four calendar years within the qualifying period." Why four years? What if the applicant accumulated the required 1,460 days in a span of five or six calendar years -- why would they want only the 183 days in four years? Why not just write "for at least 183 days in each calendar year within the qualifying period"? ???

 

[ari5323]

Because only if you live183 days here you have to file tax

 

[dpenabill]

Because only if you live183 days here you have to file tax

Ditto. That's the crux of it.

The main residency requirement is the total of 1460 days actual presence. Anyone meeting this already meets the 183 X 4 CY (calendar years) with very few exceptions. But the government wants to be sure the qualified applicant was a presumptive resident of Canada for tax purposes for at least four years as well . . . not so much to guarantee the payment of taxes, but the filing of a return as a resident of Canada, and in turn so that CIC can probe the extent of any continued financial/employment ties abroad in comparison to what shows the applicant to have actually established a life in Canada (job in Canada and so on).

 

[jason2540]

Thanks guys, I get why they want applicants to be here for at least 183 days a year.. I just don't get why it has to be 183 in each of the four calendar years in the qualifying period instead of every calendar year in the qualifying period. Applicants could take six years to accumulate those 1460 days of physical presence, and they were present in Canada for at least 183 days in those six years, not just four years.

 

[freedom2003]

Key changes include (in force June 11, 2015) :

-Adult applicants must now be physically present in Canada for at least 1,460 days (four years) during the six years before the date of their application, and they must be physically present in Canada for at least 183 days in each of four calendar years within the qualifying period. This is aimed at ensuring that citizenship applicants develop a strong attachment to Canada.

-Applicants between the ages of 14 and 64 must meet basic knowledge and language requirements. This is aimed at ensuring that more new citizens are better prepared for life in Canada.

-Citizenship will be automatically extended to additional “Lost Canadians” on June 11th, who were born before 1947, and did not become citizens on January 1, 1947 when the first Canadian Citizenship Act came into effect. This will also apply to their children born in the first generation outside Canada.
Adult applicants must declare their intent to reside in Canada once they become citizens and meet their personal income tax obligations in order to be eligible for citizenship.

-To help improve program integrity, there are now stronger penalties for fraud and misrepresentation (to a maximum fine of $100,000 and/or up to five years in prison). This is aimed at deterring unscrupulous applicants who are prepared to misrepresent themselves, or advise others to do so.

-The newly-designated Immigration Consultants of Canada Regulatory Council (ICCRC) is the new regulatory body for citizenship consultants. Only members of the ICCRC, lawyers or notaries (including paralegals and students at law) can be paid to provide citizenship applicants with representation or advice.

-New application forms, aligned with the new rules for eligibility, will be available on the CIC website as of June 11, 2015. Any applications received using the old forms and applications received after June 10, 2015 will be returned to the applicant.

 

[CanV]

What about the days from August (when landed) to December in the first year? It doesn't look like those will count as part of the 1460.

 

[dpenabill]

What about the days from August (when landed) to December in the first year? It doesn't look like those will count as part of the 1460.

Why think this?

They will count. All days present in Canada, while a PR and within the six years preceding the date of applying, will count toward the necessary total of 1460.

The PR who lands August 15 and who never leaves Canada, for example, will meet the 183 X 4 requirement July 3 in the fourth calendar year after landing, and later that year, on the fourth anniversary of landing, August 15, the 1460 day requirement. Not that complicated.

As for why only four calendar years and not all calendar years: I did not see any discussion of this in the debates before Parliament, but as I alluded to before, I think this is more about a secondary requirement aimed at probing the extent to which the PR has actually established a life in Canada, not just spending time in Canada. In contrast, again the 1460 days presence is the primary requirement, quite long enough in most people's perception (too long for some), and in order to accommodate variations in landing dates and reasonable absences, the 183 X 4 requirement is limited to four to avoid extending the qualifying period even longer. Note: it specifically includes, as a CY that qualifies, any year in which the PR was present 183 days, even if that CY is only partially within the six. Most applicants will only have four Calendar Years completely within the relevant time, some only three, given that the year of arrival will be a partial CY and the year of applying only partially a CY.

 

[alphazip]

-Citizenship will be automatically extended to additional “Lost Canadians” on June 11th, who were born before 1947, and did not become citizens on January 1, 1947 when the first Canadian Citizenship Act came into effect. This will also apply to their children born in the first generation outside Canada.
Adult applicants must declare their intent to reside in Canada once they become citizens and meet their personal income tax obligations in order to be eligible for citizenship.

I think you mean:

"-Citizenship will be automatically extended to additional “Lost Canadians” on June 11th, who were born before 1947, and did not become citizens on January 1, 1947 when the first Canadian Citizenship Act came into effect. This will also apply to their children born in the first generation outside Canada.

-Adult applicants must declare their intent to reside in Canada once they become citizens and meet their personal income tax obligations in order to be eligible for citizenship."

Because...the last line has nothing to do with Lost Canadians.

 

[jason2540]

Why think this?

They will count. All days present in Canada, while a PR and within the six years preceding the date of applying, will count toward the necessary total of 1460.

The PR who lands August 15 and who never leaves Canada, for example, will meet the 183 X 4 requirement July 3 in the fourth calendar year after landing, and later that year, on the fourth anniversary of landing, August 15, the 1460 day requirement. Not that complicated.

As for why only four calendar years and not all calendar years: I did not see any discussion of this in the debates before Parliament, but as I alluded to before, I think this is more about a secondary requirement aimed at probing the extent to which the PR has actually established a life in Canada, not just spending time in Canada. In contrast, again the 1460 days presence is the primary requirement, quite long enough in most people's perception (too long for some), and in order to accommodate variations in landing dates and reasonable absences, the 183 X 4 requirement is limited to four to avoid extending the qualifying period even longer. Note: it specifically includes, as a CY that qualifies, any year in which the PR was present 183 days, even if that CY is only partially within the six. Most applicants will only have four Calendar Years completely within the relevant time, some only three, given that the year of arrival will be a partial CY and the year of applying only partially a CY.

Thanks for the explanation. So what I understand is -- if the applicant arrives in 2013, did not have 183 days of physical presence in 2013, but applies in December 2017 -- the 183-day rule will only apply for years 2014, 2015, 2016, and 2017?

 

[alphazip]

Why think this?

They will count. All days present in Canada, while a PR and within the six years preceding the date of applying, will count toward the necessary total of 1460.

The PR who lands August 15 and who never leaves Canada, for example, will meet the 183 X 4 requirement July 3 in the fourth calendar year after landing, and later that year, on the fourth anniversary of landing, August 15, the 1460 day requirement. Not that complicated.

As for why only four calendar years and not all calendar years: I did not see any discussion of this in the debates before Parliament, but as I alluded to before, I think this is more about a secondary requirement aimed at probing the extent to which the PR has actually established a life in Canada, not just spending time in Canada. In contrast, again the 1460 days presence is the primary requirement, quite long enough in most people's perception (too long for some), and in order to accommodate variations in landing dates and reasonable absences, the 183 X 4 requirement is limited to four to avoid extending the qualifying period even longer. Note: it specifically includes, as a CY that qualifies, any year in which the PR was present 183 days, even if that CY is only partially within the six. Most applicants will only have four Calendar Years completely within the relevant time, some only three, given that the year of arrival will be a partial CY and the year of applying only partially a CY.

The Canadian Bar Association, in their analysis of Bill C-24 (http://www.cba.org/cba/submissions/pdf/14-22-eng.pdf), takes the view that an applicant must be physical present in Canada for 183 days for each of four calendar years within the six years immediately before the date of application. Therefore, if a person becomes a PR in the latter part of a calendar year, it would seem to be physically impossible to meet the 183-day requirement for that particular year, making those days worthless. Please explain why that isn't true.

 

[keesio]

Therefore, if a person becomes a PR in the latter part of a calendar year, it would seem to be physically impossible to meet the 183-day requirement for that particular year, making those days worthless. Please explain why that isn't true.

They are not worthless. They would help count towards the 1460 days in 6 years requirement.

 

[alphazip]

They are not worthless. They would help count towards the 1460 days in 6 years requirement.

And yet, the initial calendar year wouldn't count, because the person did not spend 183 days in Canada in that year. So, the days count, but the year doesn't? Let's say a person becomes a PR on 1 August 2015 and never leaves Canada. He would satisfy four calendar years of residence (minimum 183 days per year) on or about 3 July 2019. So, whether he became a PR on 1 August 2015 or 1 January 2016, the qualifying date is the same. Please explain in detail why this is incorrect. Simply stating that it's wrong is not explaining.

 

[sjakub]

And yet, the initial calendar year wouldn't count, because the person did not spend 183 days in Canada in that year. So, the days count, but the year doesn't? Let's say a person becomes a PR on 1 August 2015 and never leaves Canada. He would satisfy four calendar years of residence (minimum 183 days per year) on or about 3 July 2019. So, whether he became a PR on 1 August 2015 or 1 January 2016, the qualifying date is the same. Please explain in detail why this incorrect. Simply stating that it's wrong is not explaining.

No, if he becomes PR on January 1st of 2016, he will have to apply after January 1st of 2020 (assuming he doesn't leave Canada).
In August (and even in July) 2019 he will have 4 calendar years with 183 days each (2016, 2017, 2018 and 2019), but won't have 1460 days yet.
He will reach 1460 days in January 2020.