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Applicant is 65 and still received notice to appear for test?

VermiciousKnish

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Feb 27, 2014
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I was under the impression that applicants between 18-54 have to take the citizenship test. This USA applicant is 65 (English is first language) and received a letter to appear for test at the end of January.

Is this an error?
 

screech339

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I was under the impression that applicants between 18-54 have to take the citizenship test. This USA applicant is 65 (English is first language) and received a letter to appear for test at the end of January.

Is this an error?
It depends. Did you apply under 4/6 rule or 3/5 rule?

If US applicant applied under 4/6 rule and applicant was 64 at time of application submitted, then the applicant must do the written test.
If US applicant applied under 3/5 rule, then the letter was a mistake, or CIC may still want to see the applicant to review the documents for verification.

I don't think the 3/5 language / test can be applied retroactive to those who applied under 4/6 rule. I may be wrong though.
 
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alphazip

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Applicants over age 54 still have to appear for an interview/document verification, even if they aren't required to take the test. The USA applicant may have received a generic test notification that didn't differentiate between those required to take the test and those not required to do so. What I recall from the day my spouse was interviewed was that most people were called into a room for the test, while seniors were told to stay put until called for a one-on-one interview.
 
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scylla

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I was under the impression that applicants between 18-54 have to take the citizenship test. This USA applicant is 65 (English is first language) and received a letter to appear for test at the end of January.

Is this an error?
Per the above comment - guessing the applicant applied under the old rules and when he was 64 (turned 65 during the process) - in which case he does in fact have to take the test and there's no error.
 
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SpiceIsland

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I was under the impression that applicants between 18-54 have to take the citizenship test. This USA applicant is 65 (English is first language) and received a letter to appear for test at the end of January.

Is this an error?
I don’t believe you have to do the test,when I went for my test interview in November the officer came out and asked all the applicants who was over 5 5 to come into a room I guess it was to be interviewed because they didn’t need to do the test.That was observation you could always call them.
 

dpenabill

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I was under the impression that applicants between 18-54 have to take the citizenship test. This USA applicant is 65 (English is first language) and received a letter to appear for test at the end of January.

Is this an error?
It is probably an oversight, the tendency of IRCC to include boilerplate instructions in the notice to appear for the Interview which is scheduled at the same time as a testing session.

Whether the language and knowledge requirement applies is indeed based on the individual's age AT THE TIME THE APPLICATION IS MADE. But I am willing to go out on a limb here and assume this individual applied within the last ten years and thus was at least 55 years old when the application was made.

I am guessing that @screech339 and @scylla (@alphazip and @SpiceIsland got it right) are overlooking Section 18 (one of the "Transitional" provisions) in Bill C-6 which in effect provides that the language and knowledge of Canada requirements do not apply to persons who were, at the time they applied, 55 or older, even if they applied under the law prior to Bill C-6 taking effect.

See http://www.parl.ca/DocumentViewer/en/42-1/bill/C-6/royal-assent

In particular, under the subheading "Knowledge of Canada and official language — pending applications" Section 18 in Bill C-6 states:

18 Paragraphs 5(1)(d) and (e) of the Citizenship Act, as enacted by subsection 1(6), apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.

In other words, this provision means that everyone who was 55 or older at the time they applied is test-exempt. This took effect as of October 11, 2017 . . . meaning this did not revive the application for any applicant denied citizenship prior to October 11, 2017 on the grounds of failing to pass the knowledge of Canada test. But for applications still in process, as of October 11, 2017 all applicants 55 or older at the time of applying became test-exempt. Those who applied prior to June 11, 2015 because their application was, in respect to this requirement, governed by the law and rules in effect prior to Bill C-24. Those who applied on or after October 11, 2017 because the law providing the 55+ exemption took effect that day. And those who applied between June 11, 2015 and October 11, 2017 because of Section 18 in Bill C-6 which specifically applies the Bill C-6 version to such applications still pending.


The USA applicant may have received a generic test notification that didn't differentiate between those required to take the test and those not required to do so.
That is precisely what happened to me . . . and I was well above the age for which the knowledge of Canada test was required when I applied. I barely shrugged when I saw the notice. I did ask to confirm, however, when someone from CIC (this was before it became IRCC) telephoned me prior to the Interview. But I had no concerns about passing the test if for some reason I did have to take it . . . my wife has long made sure I am deeply engaged in knowledge of Canada, and I am a curious, interested sort anyway . . . so I was OK if they did indeed make me take the test when I showed up. But I asked since they were on the telephone anyway; they telephoned me purportedly to check that I had received notice of the interview date (which was very short notice), but the call seemed to be as much about verifying that my telephone number was my number. In any event, my notice included a notice to appear to take the knowledge of Canada test. I was exempt. I did not take the test (feeling a bit left out since it was obvious I was the only exempt one there that day).
 

VermiciousKnish

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Feb 27, 2014
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Wow. Very interesting. I thought that the age was 65 and remember talking to the applicant about them missing the deadline since they were 64 when they applied. I assume that this is all out the window now as the age has been rolled back to 55? Not really sure what the 4/6 and 3/5 rules are but I assume that these are referring to the new age cutoff of 55 and the old one of 65. In any case, seems like most people are saying that the notice is just to verify documents and not to take the actual exam. The applicant told me that they got a 07:45am appointment which I thought was rather early and had to see it myself to believe it. Did not think any government office opened before 8:30!!
 

hfinkel

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I understood that the 54 age limit applied only to the language requirement.
Does it also apply to the citizenship test?
 

zardoz

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I understood that the 54 age limit applied only to the language requirement.
Does it also apply to the citizenship test?
Yes.
 

hfinkel

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Feb 23, 2012
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When is the age threshold considered?

I turn 55 this spring. My application is currently in process (October submission), waiting for the interview/test letter and date.

If the age thresh is based on the interview date, then I presume if the interview occurs before my birthday I should expect to write the exam?
 

dpenabill

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When is the age threshold considered?

I turn 55 this spring. My application is currently in process (October submission), waiting for the interview/test letter and date.

If the age thresh is based on the interview date, then I presume if the interview occurs before my birthday I should expect to write the exam?
The applicant's age on the date the applicant SIGNED the application (the date the application is made) determines whether the individual is language and test (knowledge of Canada) exempt.

Since you obviously were less than 55 years old when you applied, you will still be required to take the knowledge of Canada test and meet the language requirements.



Wow. Very interesting. I thought that the age was 65 and remember talking to the applicant about them missing the deadline since they were 64 when they applied. I assume that this is all out the window now as the age has been rolled back to 55?
This is not consistent with your original query, in which you stated "I was under the impression that applicants between 18-54 have to take the citizenship test." Your original impression is correct. Applicants between 18-54 have to take the citizenship test. This is based on the applicant's age at the time the applicant applied. That simple.

Not really sure what the 4/6 and 3/5 rules are but I assume that these are referring to the new age cutoff of 55 and the old one of 65. In any case, seems like most people are saying that the notice is just to verify documents and not to take the actual exam.
4/6 refers to the physical presence requirement prior to October 11, 2017. To be eligible for citizenship the applicant had to be physically present in Canada for at least four years out of the six years prior to the day the application is made.

3/5 refers to the change in the physical presence requirement which took effect on October 11, 2017. Under this rule, to be eligible for citizenship the applicant had to be physically present in Canada for at least three years out of the five years prior to the day the application is made.

If the person you are referring to just missed the cutoff for being exempt from taking the test WHEN he or she applied, but is now 65, that suggest the application was made prior to October 11, 2017. This person thus applied under the 4/6 rule and that is the rule that governs his or her eligibility for citizenship. This person also applied when persons 14 to 64 were required to meet the language and knowledge of Canada requirements. However, as I explained in my previous post, these applicants are now required to meet the language and knowledge of Canada requirements only if they are 18 to 54.

Thus the notice for the test is probably NOT relevant. It will be a documents verification interview without a test. The applicant will be required to answer some questions as part of the verification interview.
 
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VermiciousKnish

Hero Member
Feb 27, 2014
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The applicant's age on the date the applicant SIGNED the application (the date the application is made) determines whether the individual is language and test (knowledge of Canada) exempt.

Since you obviously were less than 55 years old when you applied, you will still be required to take the knowledge of Canada test and meet the language requirements.





This is not consistent with your original query, in which you stated "I was under the impression that applicants between 18-54 have to take the citizenship test." Your original impression is correct. Applicants between 18-54 have to take the citizenship test. This is based on the applicant's age at the time the applicant applied. That simple.



4/6 refers to the physical presence requirement prior to October 11, 2017. To be eligible for citizenship the applicant had to be physically present in Canada for at least four years out of the six years prior to the day the application is made.

3/5 refers to the change in the physical presence requirement which took effect on October 11, 2017. Under this rule, to be eligible for citizenship the applicant had to be physically present in Canada for at least three years out of the five years prior to the day the application is made.

If the person you are referring to just missed the cutoff for being exempt from taking the test WHEN he or she applied, but is now 65, that suggest the application was made prior to October 11, 2017. This person thus applied under the 4/6 rule and that is the rule that governs his or her eligibility for citizenship. This person also applied when persons 14 to 64 were required to meet the language and knowledge of Canada requirements. However, as I explained in my previous post, these applicants are now required to meet the language and knowledge of Canada requirements only if they are 18 to 54.

Thus the notice for the test is probably NOT relevant. It will be a documents verification interview without a test. The applicant will be required to answer some questions as part of the verification interview.
Got it. Thanks for the clarification.