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Question about one of Bill-C24's requirements.

MarioYYZ

Full Member
Mar 2, 2014
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So I understand that the new law requires a PR to be physically present in the country for no less than 183 days per year in the 4 years of physical presence. Does this requirement apply to "any" of the 4 years, or should ALL of them satisfy this requirement ?

In other words, say I landed in 2010 and applied in January 2016. If I have been physically present in the country during all of 2011, 2012, 2014 and 2015, but only in 2013 I have not satisfied the 183 day requirement (eg. I was away the whole year), would I still be eligible to apply ?
 

OP_POP

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Oct 8, 2014
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As far as I know, these applies to all and they have to be consecutive.
 

alphazip

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May 23, 2013
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OP_POP said:
As far as I know, these applies to all and they have to be consecutive.
You qualify under the new rules if you were physically present for 4 out of the last 6 years (1460 days) AND filed tax returns for each of those 4 years. The years do not have to be consecutive. However, you cannot count a year in which you were not present for at least 183 days.
 

MarioYYZ

Full Member
Mar 2, 2014
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OP_POP said:
As far as I know, these applies to all and they have to be consecutive.
Is there a particular page where you read that, or is it just a guess ?
If the years have to be consecutive then this is going to be quite a tough requirement !
 

OP_POP

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MarioYYZ said:
Is there a particular page where you read that, or is it just a guess ?
If the years have to be consecutive then this is going to be quite a tough requirement !
This was just based on what I heard, I can be completely wrong (as alphazip mentioned the years don't have to be consecutive).
 

dpenabill

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Apr 2, 2010
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alphazip has this mostly right based on what the revised section 5(1)(c) of the Citizenship Act prescribes. See the "amendments not in force" page for the Citizenship Act at the Justice Laws website or any of the numerous online renderings of the SCCA which are available. If looking in the SCCA the particular requirement is set out in section 3 of the Act (replacing section 5(1)(c) of the Citizenship Act as it currently reads).

The revised requirement will, in addition to the 4/6 rule, require the applicant to have been, while a PR,

" (ii) . . . physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and
(iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;"


This is a quote with emphasis added, citing what will be subsections 5(1)(c)(ii) and 5(1)(c)(iii) in the Citizenship Act once these provisions are in force.

Again alphazip has this mostly right. The only quibble I have is that not everyone is required to file a Canadian tax return, and in particular a PR might meet the applicable requirements to file a return while not actually filing a return for a given year (in any year that individual is not required to file a return). Failure to file a return when required, however, will be grounds to deny citizenship, unless the applicant has met the requirements in four of the other years. Moreover, I suspect this provision will be employed to require applicants to submit copies of their Notices of Assessment, at least some applicants, which new information sharing provisions in the statutory and regulatory provisions will allow CIC to directly verify with the CRA.