Question: whats the law of the land in dealing with number of days physically present?

[AZYK]

Hi i have a weird question: well all questions related to citizenship are weird after you are done with this process.

So people like myself who have applied before oct 11 2017 and now our application is in process.During the process they find out that some days of presence are not matching with the application say for example 30 days.will they do RQ when Law of the land now is 1095 days physically present to be eligible for canadian citizenship application?
will this scenario when all pre C6 applicants have 4 years of physical presence when they are actually required to be 3 years as of oct 11,2017.
Anybody's guess?

 

[PMM]

Hi

Hi i have a weird question: well all questions related to citizenship are weird after you are done with this process.

So people like myself who have applied before oct 11 2017 and now our application is in process.During the process they find out that some days of presence are not matching with the application say for example 30 days.will they do RQ when Law of the land now is 1095 days physically present to be eligible for canadian citizenship application?
will this scenario when all pre C6 applicants have 4 years of physical presence when they are actually required to be 3 years as of oct 11,2017.
Anybody's guess?

1. New Act is not retroactive, you have 4 years of physical residence in the 6 years before you applied. If you don't the application would be refused and you would have to re-apply under the new Act.

 

[AZYK]

Hi,
Thanks for your reply but as I was thinking the scenarios are taking its shape now,for example this is the latest answer to a question posted by one of the member of the forum to CIC call centre representative :..


I spoke with a CIC Representative today via phone on a separate matter, but asked him this question...

Me: Just out of curiosity, I have a 14 year old son who applied with me under the old rules in September. Will he have to take the Knowledge Test as required under old rules or will he be exempt because of the new rules?

CIC: The important date is not when the application was accepted, but when the invitation to the Knowledge Test is issued. As that date would be under the new rules, he would not have to take the Knowledge Test.

so applying this new date to calculate number of days physically present is actually 1095 as of oct 11,2017 and not 1460.

 

[spyfy]

Hi,
Thanks for your reply but as I was thinking the scenarios are taking its shape now,for example this is the latest answer to a question posted by one of the member of the forum to CIC call centre representative :..


I spoke with a CIC Representative today via phone on a separate matter, but asked him this question...

Me: Just out of curiosity, I have a 14 year old son who applied with me under the old rules in September. Will he have to take the Knowledge Test as required under old rules or will he be exempt because of the new rules?

CIC: The important date is not when the application was accepted, but when the invitation to the Knowledge Test is issued. As that date would be under the new rules, he would not have to take the Knowledge Test.

so applying this new date to calculate number of days physically present is actually 1095 as of oct 11,2017 and not 1460.

This is the difference:
- The knowledge test for teenagers is waived even for old applications
- The residency requirement however remains the same

You can read that in section 14 and 15 of bill C-6
http://www.parl.ca/DocumentViewer/en/42-1/bill/C-6/royal-assent

Beyond the fact that legally, this is how it works, also note that anything else wouldn't make sense. Otherwise, everyone could have started applying with the old forms in June, hoping that IRCC won't get to their file until October.

So, yes, the old rules apply. Four years and no pre-PR credit.