About 4 calendar years in 6 years -- will my 3 months go wasted?

[mcgyver]

Dear All,

I have been contemplating on this phrase on the Time you have lived in Canada section on the IRCC website, in order to determine eligibility for citizenship:
"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."

Here is my confusion. We are talking about 4 calendar years, these are years starting on Jan 1 and ending on Dec 31. I came as a PR to Canada on Oct 1, 2015. Therefore, I lived only 90 days in the 2015 calendar year and, therefore, I lived less than 183 days in 2015. Does it imply that year 2015 will add no value to my counting days toward eligibility for citizenship?

The above also raises concerns for Income tax filing because the IRCC website mentions:
"You must have met your personal income tax filing obligations in four taxation years that are fully or partially within the six years immediately before the date you apply."

My first year's (2015) tax return was only for 3 months (Oct, Nov, Dec). Does it have any value?

 

[tmota]

Fear not, fellow future Canadian.

Fill the official online calculator with the correct dates of your entries and travels. If the calculator says you're good to go, that's it. My case was similar - I arriver mid-September, and was able to apply mid-November four years later (discounting travel days). They take that into account. Same thing for the taxes - even if you filled taxes for just three months, you still filled your taxes, though for the taxes you don't even have to worry, they'll access it directly with the CRA.

 

[meyakanor]

If you don't plan to make any travel at all, the earlier that you can apply is Oct 2 2019.

From Oct 1 2015 to Oct 2019, there are five relevant calendar years (2015, 2016, 2017, 2018 and 2019).

Out of these five calendar years, make sure you have at least 183 days in at least four of them.

 

[mcgyver]

Thanks to both of you tmota and meyakanor, but, could you please explain why in the final calendar year (2019 in my case) I would have to wait more than 183 days before being eligible to apply? My logic says that in 2019 I could apply 183 days after January 1. No?

Also, 183 days of presence per calendar year seems flexible enough for prospective applicants to be able to travel abroad and still maintain it.

 

[meyakanor]

Thanks to both of you tmota and meyakanor, but, could you please explain why in the final calendar year (2019 in my case) I would have to wait more than 183 days before being eligible to apply? My logic says that in 2019 I can apply 183 days after January 1. No?

But it would be physically impossible, no?

You landed on Oct 2015, and you need 1460 days. The earliest you can apply is 1460 days from Oct 1 2015, which is early October 2019

 

[mcgyver]

But it would be physically impossible, no?

You landed on Oct 2015, and you need 1460 days. The earliest you can apply is 1460 days from Oct 1 2015, which is early October 2019

I see your calculation. Yes, 1460 is equivalent to 4 years, but may I draw your attention to the word "partially" in the phrase on the IRCC website:

four calendar years that are fully or partially.....

 

[meyakanor]

I see your calculation. Yes, 1460 is equivalent to 4 years, but may I draw your attention to the word "partially" in the phrase on the IRCC website:

four calendar years that are fully or partially.....

Yes, you need to satisfy both requirements.

From IRCC website:

You must have been physically present in Canada as a permanent resident for at least 1,460 days during the six years immediately before the date of your application.

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.

So you need both the 1460 days, and also the 183 days for each of at least 4 calendar years within the past 6 years

 

[foodie69]

Don't overthink things.. fill in the online calculator and Bob's your uncle.

 

[pie_vancouver]

Maybe OP is planning to be away for more than 183 days, no?

 

[mcgyver]

Maybe OP is planning to be away for more than 183 days, no?

No, not really. For me, 3 weeks would suffice.

Thank you everyone for all your posts.

 

[tmota]

Don't overthink things.. fill in the online calculator and Bob's your uncle.

That's the real trick, right there. There are tools and a guide on the official site, just follow them, answer any request that might come along the way, and be patient. Don't overthink.

I would also say "and don't pay too much attention to other people's timelines", but I know it's one of the few solaces we have in between messages from the CIC. I sure look at the spreadsheet way more than I should... :

 

[mcgyver]

You guys are right. I overlooked the other requirement, which is, 1460 days of physical presence in a 6-year period.

So, in a nut-shell, 2 things ought to happen:
1. physical presence of 1460 days in a 6-year period, AND
2. physical presence of 183 days in each of 4 calendar years


So, my 90 days spent in Canada in 2015 will help me toward the 1460-day requirement.

Based on my travel records from 2016 and 2017 and future travel plans for 2017 and 2018, I think I am looking at either late December, 2019, or early January, 2020, for the time of my eligibility.

 

[tmota]

Unless someone exits Canada for more than half a year in any given year, there's no way this person won't fill the needs of physical presence after 1460 days in Canadian soil. I think this rule was put there solely for the - unfortunately many - cases of people who return to their home country after landing and never really settle in Canada, living half a year in each country.

I've made my own calculator to avoid having to enter everything every time I wanted to check on the official online calculator. If anyone is interested, here it is: https://drive.google.com/open?id=1BcJJqZJXOsBvqwQXMgqaQNG3IgaLB8Co4KsYzcKx9dU It helped me keep my travel logs in the same format required by the official calculator.

Just a warning: the date in the case line has absolutely no buffer. Some people prefer to have a few weeks - even months - of buffer just to be sure. If you want a buffer, add the desired days in the last calculation. Also, the calculator won't work if you are out of Canada for more than 6 months in any given year. It's not perfect, by any means, but worked for me, and should work for most people but, if you use it and find a mistake, feel free to correct it.