jonhy2516 said:
It i snot clear to us which duration is considered for physical presence? Whether we calculate physical presence days form 10th June of every year or from 1st Jan to Dec of every year?
i have referred r to a link which clearly says that the period between Jan 1 and Dec 31 is to be considered for physical presence.
"You must also be physically present for at least 183 days between January 1 and December 31 for any four of these years: 2013, 2014, 2015, 2016, 2017, 2018 or 2019. Even though calendar year 2013 is partially in the six-year period immediately before you apply for citizenship."
scylla and
keesio have aptly illuminated the PR residency obligation and the citizenship presence requirements, but for some typos, and but for clarifying how the 183 X 4 calendar years requirement works.
Relative to the PR Residency Obligation, it warrants emphasis that it appears you could be cutting it very close if you remain outside Canada for another year prior to the fifth year anniversary of the day you landed (noting that the PR card is typically valid to a slightly later date than that). If you are outside Canada for 1095 days prior to the fifth year anniversary of the day you landed, you will be in breach of the PR RO. Canada has historically been somewhat lenient about the PR RO for applicants still within the first five years but who have made a concerted effort toward actually settling in Canada. The extent to which a particular individual will be treated leniently, however, is very uncertain, and overall the trend has been toward more strict enforcement of requirements like this. And since
stuff happens, cutting it close, let alone going over, is
risky.
Citizenship Presence Requirements:
As already explained, there are two presence requirements: the 4/6 rule and the 183 X 4 CY rule.
Both must be met to qualify for citizenship.
Thus, to qualify for citizenship, the PR must have been present in Canada:
*** 1460 days out of the six years immediately preceding the date the application is made, AND
*** 183 days in each of four
Calendar Years (Jan 1 to Dec 31) which are fully or partially within the six years
Landing date is largely irrelevant, other than it counts as a day in Canada, and that no days in Canada prior to the landing date will count. Again,
NO days prior to landing count.
Otherwise, the date that matters is the date the application is made.
Thus, what matters is the previous six years based on the day before the application is made.
Thus, for the applicant who applies July 25, 2019, this individual must have a total of 1460 days (as a PR) in Canada between July 25, 2013 and July 24, 2019.
For the 183 X 4 CY requirement: Since there are not enough days in 2013 between July 25 (days more than six years previous do not count) and December 31, to total 183 for 2013, this individual could meet the 183 X 4 CY requirement so long as he was in Canada (as a PR) at least 183 days in each of four of the following years:
2014
2015
2016
2017
2018
2019
To put this in perspective, the applicant who applies June 25, 2019 might be able to count 2013 as one of the 183 X 4 CY years if, of course, he landed prior to July 2, 2013 and was in Canada 183 days or more in 2013 after landing and counting only days between June 25, 2013 and December 31, 2013.
CIC's Program Delivery Instructions actually set out in detail numerous factual scenarios covering enough of the variations to fully illuminate how this works.
alok4best said:
Let me ask one interesting question:
What happens if a person lands in Canada as a PR and stays there 4 years straight, thus ensuring:
i. he has spent more than 1460 days.
ii. spend a minimum of 183 in each of these calendar years.
Now can he apply for citizenship or does he need to wait for another 2 years (4 out of 6 year rule) before he can apply.
A PR can apply as soon as he or she meets all the requirements. It is impossible to meet the requirements any sooner than 4 years. There is no need to wait six years if all the requirements are met earlier than that . . . which will, indeed, be the case for many.
Reminder: compliance with CRA tax filing obligations is also required for at least four tax years fully or partially within the preceding six years.
