Section 5(1)c) of the Citizeship Act regarding immigration

[uzas]

Invitation to test in Montreal says:

"Please note that during this appointment, you might also be seen by an immigration officer to determine if you meet the requirements of section 5(1)c) of the Citizenship Act regarding immigration."

What does this mean? I tried to look it up, but it's not clear.

I appreciate any insights!

 

[canuck_in_uk]

http://laws-lois.justice.gc.ca/eng/acts/C-29/page-3.html#docCont

5. (1) The Minister shall grant citizenship to any person who

(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,

(i) been physically present in Canada for at least 1,460 days during the six years immediately before the date of his or her application,

(ii) been 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;

 

[dpenabill]

Invitation to test in Montreal says:

"Please note that during this appointment, you might also be seen by an immigration officer to determine if you meet the requirements of section 5(1)c) of the Citizenship Act regarding immigration."

What does this mean? I tried to look it up, but it's not clear.

I appreciate any insights!

Section 5(1)(c) refers to either the residency requirements for the grant of citizenship, or the physical presence requirements. Which particular version of section 5(1)(c) applies to you depends on whether your application reached CIC before or after June 11, 2015.

canuck_in_uk quoted the version applicable if your application was made after June 11, 2015. In addition to the physical presence requirements, it also requires that there be no unfulfilled conditions.

I am guessing you applied prior to June 11 and thus the section 5(1)(c) requirements you must meet are based on the old law, three years resident in Canada within the four years before you applied. While it is a residency requirement, the primary test for determining residency is similarly based on physical presence (1095 days within the relevant 1460). The official version of the former section 5(1)(c) is linked here.