Question about 'Taxation Year' for Citizenship eligibility

[gtcutie007]

hi,

I was looking at the eligibility requirements yesterday and unsure if the following scenario I am in satisfies the ' requirement under the Income Tax Act to file income taxes for four (4) taxation years that are fully...' :

1) Arrived in Canada with a PR on April 25,2012

2) Confirmed via 'physical presence calculator' that I will satisfy the residency requirements on September 9,2016 ( after deducting all vacations outside Canada)

2) Four Taxation year(s) however, I am not a 100% sure if my case fulfills since for the 2012 taxation year I was in Canada between April-December.

Can anyone advise if my understanding is correct that even though i satisfy the residency requirements(present 183 days/year in the last 4 years), I will not be able to apply until I file my taxes for Year 2016(sometime in 2017).

I've filed taxes for the following taxation years so far:

2012 ( Starting April through December)
2013 ( 12 months)
2014 (12 months)
2015 ( 12 months)

Thank you in advance

 

[screech339]

As long as you filed taxes for 2012, it doesn't matter if it wasn't a complete full year.

 

[oldfriend]

Hi,
If you had 183 days or more in 2012 spent inside Canada(the physical residence calculator should show you how many days in the year are considered for this purpose) and you have filed your Tax return for 2012, then you should be in the safe side, (and this is applied to any four years within the six years before the date of the application). Otherwise I think 2012 year will not be counted if I am not wrong. I don't know how the case will be considered if you have filed the Tax return for 2012 and at the same time you didn't stay in Canada 183 days in this year so you may call the CIC call center and ask them about this issue. If they allow for years overlapping ( I mean from 2012 to 2015 for the tax return and from 2013 to 2016 for the 183 days condition ) then you will be ok to apply once you are eligible to.

Good luck

 

[gtcutie007]

Thank you screech339 & oldfriend.


oldfriend,

To answer the very first part of your question: Yes, I was present for 209 days in the Year 2012 between April - December.

phew- quite relieved at the moment. Let the paperwork begin!

 

[oldfriend]

That's very good , double check the physical residence calculator now ( But remember, do not use today's physical residence calculator report in the application. They require that the residence report is printed out and signed after you finished the 1460 days requirement. Make sure that the date and time of the printing day is appeared on the header or the footer of the report)

 

[gtcutie007]

That's very good , double check the physical residence calculator now ( But remember, do not use today's physical residence calculator report in the application. They require that the residence report is printed out and signed after you finished the 1460 days requirement. Make sure that the date and time of the printing day is appeared on the header or the footer of the report)

Thank you for this tip - I've saved the calculation under my 'eservices.cic.gc.ca' account and will refresh it in a month when I hit the 1460 days mark ( on September 9,2016). Is it advisable to add + 7 days as a grace, while I've made every attempt to jot down all my entries/exit in the last 4 years based on my memory+ passport stamps?

I noticed in CIT 0002, Section '9D :HISTORY OF ENTRIES TO CANADA' , a specific note as ' Please do not contact the CBSA to request your history of entries'.

 

[scheherzade]

That's very good , double check the physical residence calculator now ( But remember, do not use today's physical residence calculator report in the application. They require that the residence report is printed out and signed after you finished the 1460 days requirement. Make sure that the date and time of the printing day is appeared on the header or the footer of the report)

I sent my application on 9th August and siggned physical calculator on 9th August. But I printed physical calculator on 2nd August. Now is it a mistake? Are they gonna send my application back?

 

[oldfriend]

Thank you for this tip - I've saved the calculation under my 'eservices.cic.gc.ca' account and will refresh it in a month when I hit the 1460 days mark ( on September 9,2016). Is it advisable to add + 7 days as a grace, while I've made every attempt to jot down all my entries/exit in the last 4 years based on my memory+ passport stamps?

I noticed in CIT 0002, Section '9D :HISTORY OF ENTRIES TO CANADA' , a specific note as ' Please do not contact the CBSA to request your history of entries'.

If you are 100% sure about your travel history, then you can sign and send your application right away on the day after 1460 this means next day after becoming eligible.
If you booked your CBSA report or already have it , make sure that your personal record is the same as the one in the CBSA. Regarding the request of not contacting the CBSA, I think they don't want the applicants to burden the CBSA with redundant work since the CIC will contact the CBSA officially with this regard.

 

[oldfriend]

I sent my application on 9th August and siggned physical calculator on 9th August. But I printed physical calculator on 2nd August. Now is it a mistake? Are they gonna send my application back?

Be optimistic and let's hope for the better and your application will not be sent back.
I said that the applicant should print and sign the residence calculator report after becoming eligible because the report will contain the date of the printing day (as header or footer in the report, this is done by the machine) and this is a very good proof of non-fraudulent application.
I think you agree that any applicant can print out the residence report any time before he becomes eligible and sign it with the assumed date of application and he may think it is ok to send it early to gain some days, but this is not acceptable according to CIC. It is a very big mistake to do so.

 

[screech339]

Hi,
If you had 183 days or more in 2012 spent inside Canada(the physical residence calculator should show you how many days in the year are considered for this purpose) and you have filed your Tax return for 2012, then you should be in the safe side, (and this is applied to any four years within the six years before the date of the application). Otherwise I think 2012 year will not be counted if I am not wrong. I don't know how the case will be considered if you have filed the Tax return for 2012 and at the same time you didn't stay in Canada 183 days in this year so you may call the CIC call center and ask them about this issue. If they allow for years overlapping ( I mean from 2012 to 2015 for the tax return and from 2013 to 2016 for the 183 days condition ) then you will be ok to apply once you are eligible to.

Good luck

If you filed your taxes with less than 183 days, then you would be filing your taxes as non-resident. So that year would not be counted as one of the 4 required taxation year requirements out of 6 years.

 

[gtcutie007]

If you are 100% sure about your travel history, then you can sign and send your application right away on the day after 1460 this means next day after becoming eligible.
If you booked your CBSA report or already have it , make sure that your personal record is the same as the one in the CBSA. Regarding the request of not contacting the CBSA, I think they don't want the applicants to burden the CBSA with redundant work since the CIC will contact the CBSA officially with this regard.

Thanks.

One last question - If I travelled outside of Canada on Business ( such as meeting my clients, attend a conference), all of which was directly associated with my work,is there some kind of documentation I should be requesting my employer to be submitted to CIC which will help me gain few weeks back in calculating my physical presence in canada?

A friend of mine had advised sometime ago that if I travelled outside Canada for work and if my company is Canadian-based, the time spent travelling on business doesn't count against my physical presence in Canada - but I would need to submit a proof/document ? Is that true?

 

[PMM]

Hi

Thanks.

One last question - If I travelled outside of Canada on Business ( such as meeting my clients, attend a conference), all of which was directly associated with my work,is there some kind of documentation I should be requesting my employer to be submitted to CIC which will help me gain few weeks back in calculating my physical presence in canada?

A friend of mine had advised sometime ago that if I travelled outside Canada for work and if my company is Canadian-based, the time spent travelling on business doesn't count against my physical presence in Canada - but I would need to submit a proof/document ? Is that true?

1. Nope, traveling outside Canada for any reason (non Gov''t employee/military excepted) doesn't count for physical presence in Canada.

 

[gtcutie007]

Hi


1. Nope, traveling outside Canada for any reason (non Gov''t employee/military excepted) doesn't count for physical presence in Canada.

Thanks..definitely don't belong to both the categories.

 

[canvis2006]

What if someone is going to qualify physically in early 2016 but did not file tax for 2012 as they only came in Dec (spousal sponsorship)
Can they file for citizenship in 2016 while mentioning 2016 for taxes filed and write for 2013 to 2016 (4 yrs of tax) for citizenship?

 

[imran01]

Ok guys. U all confused me as well. I came in aug 12 and file my tax on year end. I didnt leave canada after that. So
aug 12 to Dec 12...... tax year 1
Dec 13 ..... tax year 2
dec 14 ...... tax year 3
Dec 15....... tax year 4

And in aug 16. My residency days are complete. So i am planing to apply.
But after reading the above post. I have a feeling that i am not eligible coz of 183 days not complete in year 2012.
And in 2012 i filed as non resident.. plz give your views to clerify