My other concern is do they go back month by month when take 5 yrs is consideration from date of application? Fir instance is i submit my application in sept 2017 will they count 1095 days till from sep 2012. This way i loose 3 months credit right way
Yes. This is how it works. Really.
Except it is not month by month but literally day by day. Five years to the day.
When you can apply under the new 3/5 rule, you will be able to count days within the immediately preceding five years. If you can and do apply September 15, 2017, you will be able to count days back to September 15, 2012. (But it is not likely the 3/5 will take effect by then; November more likely.)
I think Canadavisa made a mistake in their calculator implementation which has resulted in all these people asking/assuming misleading/wrong things.[/QUOTE
Here is glitche - if they look for physical presence past 5years i loose first half of 2012 as of today. Completing 2 yrs post PR is not an issue but if I looses Pre-Pr credit of 6 months for 2012 then thats an issue. No one has any idea how far going back an individual could take credit of PRe PR stay or this PRE - PR credit time falls in 5 yr window
I am not sure what you are trying to say in this post.
But it is
NOT true that "no one has any idea how far going back an individual could take credit of PRe PR stay or this PRE - PR credit time falls in 5 yr window."
We do know. Really. We do know how this will work. The only time that can count are days within the immediately preceding five years. Period. No doubt. None. This will be prescribed by Section 5(1)(c)(i) in the
Citizenship Act as amended by Bill C-6. It specifically states that to qualify for a grant of citizenship the applicant must have
"been physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application." There is nothing ambiguous or equivocal about this.
See final version of Bill C-6 here:
http://www.parl.ca/DocumentViewer/en/42-1/bill/C-6/royal-assent
See current version of Section 5(1)(c) in the
Citizenship Act here:
http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont
(you need to read the Bill and the current act taking into account how the provisions in the Bill will change the current provisions)
I suspect you are not convinced there is no doubt. Perhaps a look at the prior 3/4 rule will help you understand this better.
By the way, I do not know which lawyers you are talking to, but any lawyer who does not have a clear understanding that only days within the previous five years will count (whether for PR or pre-PR credit), either --
-- has not bothered to read or otherwise follow what the new law will be (which is perhaps typical of a lot of lawyers, since they are working today based on what the law is today)
-- or one to avoid as incompetent (seriously)
This is not complicated.
To help you understand this a bit better perhaps it would help to look at the previous 3/4 rule, which also allowed credit for time in Canada prior to becoming a PR. While there are some differences between the old 3/4 rule (it was a residency requirement for example, not a physical presence requirement), the pre-PR credit provision is similar:
. . . for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence.
see Section 5(1)(c)(i) in the previous version of the
Citizenship Act here:
http://laws-lois.justice.gc.ca/eng/acts/C-29/section-5-20140619.html
Compare this to the language which, when it takes effect, will allow pre-PR credit under the 3/5 rule:
. . . for every day during which the person was physically present in Canada as a temporary resident or protected person under the Immigration and Refugee Protection Act before becoming a permanent resident, the person accumulates half of a day of physical presence, up to a maximum of 365 days.
See what will be Section 5(1.001)(a), as indicated in final version of Bill C-6, which again is here:
http://www.parl.ca/DocumentViewer/en/42-1/bill/C-6/royal-assent
We had the IRCC online calculator for the 3/4 rule, for years, and you could have run as many examples through it as you could bang out on your key board. Only days within the previous four years counted. Period. That is how it did in fact work.
Frankly, there was no doubt about it then, the overriding requirement was to be resident in Canada for at least three of the preceding four years. But for doubters, like you perhaps, the official calculator confirmed that time and time again.
It is similarly for the 3/5 rule, except that it goes back five years not just four, the overriding requirement is to have been physically present a total of three years (1095 days) within the relevant five years. Trust me, when the changes take effect, the official IRCC online calculator will confirm this. No doubt.
Also see my post in reponse to your similar queries in another topic, which should have been a clear enough answer.
Not sure what you are calculating, but make no mistake, only days within the five years immediately preceding the day the application is signed will count.
If the Bill C-6 3/5 rule came into effect August 1, 2017, for example (it is not likely it will, but just by way of a hypothetical example), a person applying August 9, 2017 will be able to count any days present in Canada between August 9, 2012 and August 8, 2017. That would be the relevant five years.
But if the 3/5 rule does not come into effect until December 1, 2017, and someone applied that day, the relevant time period will be from December 1, 2012 until November 30, 2017. That is, any time in Canada prior to December 1, 2012 will not be counted.
Both those are hypothetical. What matters will be the real deal, the date the 3/5 takes effect.
In any case, there is no doubt, none at all, that when the 3/5 rule takes effect, only days in Canada in the five years prior to applying, to the day, will count.
Not sure why there has been a persistent echo to the contrary in this forum, but there really is no doubt about how that will work.
My guess is that the canadvisa calculator might assume the 3/5 rule is in effect. To get a more realistic picture perhaps use a date in December (as in when there is a much better chance the 3/5 rule will be in effect) as the date you intend to sign the application.
