AbdelAllah said:
Dear All,
Can someone describe this rule please "183 days (minimum) per year in 4 out of 6 years."
- If I stay less than 183 days in "two years" plus more then 183 days in the other 4 years ( ending with equal or more than 1460 days in 6 years), can I apply for citizenship? or do I have to spend 183 days in "each" year at least?
Thanks,
A
Response by
spiritsoul is essentially correct, and I concur in the suggestion to plug dates into the online "
physcial presence calculator" ("residence" calculator was used for pre-June-2015 applications). It is quite easy to plug totally hypothetical dates into the calculator just to see how various scenarios work out.
The response by
banrad ironically cited the correct rule but nonetheless applied it incorrectly.
That is, the following is
not correct:
banrad said:
You must spend at least 183 days in each of the 4 years immediately preceding your application.
But later in the same post, quoting from the IRCC/CIC website:
banrad said:
You must also be physically present 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 application.
That part is correct.
For clarity, I will restate the rule with key parts in bold for emphasis:
"You must also be physically present 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 application."
It is possible to reach the 1460 day minimum total threshold and not meet the 183 X 4CY requirement, but in practical terms there are only a few scenarios in which a PR who meets the 1460 day total does not also meet the 183 X 4CY requirement. In other words, the PR who meets the 1460 day total threshold will usually (but not always) also meet the 183 X 4CY requirement.
It is important to remember that the relevant six years relates to the date of the application, but the 183 X 4CY refers to
calendar years, meaning the year going from January 1 through December 31.
Thus, for example, the applicant who applies before July 1 in any given year, say 2016, cannot have met the 183 day requirement in that year (there are only 181 days before July 1 in most years; 2016 is a leap year so there will be 182 days before July 1st, still not enough to meet the 183 day requirement for 2016 if the application is made before July 1st). So an applicant applying in the first half of 2016 will need to have spent at least 183 days in four of the following six years: 2010, 2011, 2012, 2013, 2014, or 2015, not counting any days prior to the respective date six years previous (in 2010).