Bill C-24, new citizenship rules. What does this mean for us?

[Zarilenth]

My husband will be landing as a Permanent Resident on July 30th 2014. With this new bill that passed last month, can he still apply for Citizenship after 4 years (I think the rule was 4, or was it 3?), or will he have to wait longer? I've done a bit of reading on it but can't seem to figure it out.
Thanks!

 

[inexplored]

You will know a lot more in coming few months. Watch it closely and check for news related to it. By the time your husband has fulfilled the residency requirement. You will have most of your questions answered.

The reason it is hard to answer is that the bill itself is messy. Things are quite vague and if you had a chance listening to MP Chris Alexander regarding the bill. See how he talks and try to twist or change the topic in different ways. Anyways its a messy bill and I assume there will be a lot changed in the coming few months.

 

[Avadava]

Try to post this question here: http://www.canadavisa.com/canada-immigration-discussion-board/citizenship-b12.0/

Maybe someone there has an answer for you.

 

[Zarilenth]

Thanks, I didn't think about that Avadava! I guess we'll just wait and see, there is no rush for him anyway

 

[SenoritaBella]

The Bill has received Royal Assent, so it is now law. What is not clear is when it takes effect, though some people say the call centre agents informed them it will be from July 19, 2015. From what I read, certain parts of the bill could take effect sooner.

In all likelihood, your husband will fall under the new rules and thus have to wait longer to qualify. That is, 4 out of 6 years and in each of those 4 years the permanent resident must reside in Canada for at least 183 days.

On an entirely different note, I think the gov't made a mistake when they changed the residency rules for permanent residents. It used to be, you had to reside in Canada for at least 183 days each year to maintain your PR status(just like the US does for the green card). This meant people had to think twice about living abroad for long periods and in my opinion would have made residency fraud very difficult.

In my opinion, had they left it as is, they would not need to change the citizenship rules now(or to "strengthen" it as they say). In effect, they removed the 183 days requirement to maintain the PR status to the citizenship requirement. smh. There are PRs whose past movements indicate they do not have a strong committment to reside in Canada but the Minister believes lengthening the time to qualify for citizenship will "strengthen" their committment to Canada? That process should begin from when the person first becomes a PR. They have it backwards.

 

[Zarilenth]

The Bill has received Royal Assent, so it is now law. What is not clear is when it takes effect, though some people say the call centre agents informed them it will be from July 19, 2015. From what I read, certain parts of the bill could take effect sooner.

In all likelihood, your husband will fall under the new rules and thus have to wait longer to qualify. That is, 4 out of 6 years and in each of those 4 years the permanent resident must reside in Canada for at least 183 days.

On an entirely different note, I think the gov't made a mistake when they changed the residency rules for permanent residents. It used to be, you had to reside in Canada for at least 183 days each year to maintain your PR status(just like the US does for the green card). This meant people had to think twice about living abroad for long periods and in my opinion would have made residency fraud very difficult.

In my opinion, had they left it as is, they would not need to change the citizenship rules now(or to "strengthen" it as they say).

But with only needing 2 yrs in a 5 yr period, people can be abroad for 3 yrs and return in the last 2 yrs just to qualify and renew the PR card then off they go again. So instead of strengthening the PR's committment to Canada at the time of their citizenship application, they need to begin that process from when the person first becomes a PR. They have it backwards.

Thanks SenoritaBella! So if I understand that correctly, if he lands on July 30th of this year, can he apply for citizenship July 30th 2018? He'll be going to school full time so we have no plans of leaving the country and not meeting the 183 days.

 

[SenoritaBella]

Assuming he is Canada for at least 183 days each year, then July 31, 2018 will be the earliest he can apply. It is July 31st(not 30th) because you have to be eligible on the day before you sign your application. So if he signs it on July 30th, he will be short 1 day.

The good thing being aware, you can also gather evidence of physical presence along the way. You'd be surprised the number of people who say they've resided in Canada for the 4 years(current/old rules) but do not have any proof to submit.

Thanks SenoritaBella! So if I understand that correctly, if he lands on July 30th of this year, can he apply for citizenship July 30th 2018? He'll be going to school full time so we have no plans of leaving the country and not meeting the 183 days.

 

[Zarilenth]

Assuming he is Canada for at least 183 days each year, then July 31, 2018 will be the earliest he can apply. It is July 31st(not 30th) because you have to be eligible on the day before you sign your application. So if he signs it on July 30th, he will be short 1 day.

The good thing being aware, you can also gather evidence of physical presence along the way. You'd be surprised the number of people who say they've resided in Canada for the 4 years(current/old rules) but do not have any proof to submit.

Ah, thanks! Good to know. I never even thought about gathering evidence, I just figured you sent in a form and got approved, lol. I'll keep all bills/mail/lease information for that though. Thanks so much!

 

[Avadava]

I'm not sure I understand one thing. The new bill talks about a new requirement for citizenship eligibility, which is 4 years out of the last 6. So how can one be able to apply after 4 years (31 July 2018) only? Don't you have to wait 6 years to be able to calculate 4 years out of 6?

Same with the old law, 3 years out of the last 4. Are you able to apply after 3 years + 1 day? Why would they mention 3 years out of 4? They could just say that you are eligible after 3 years of residency, period. Sorry if I sound a bit stupid, I'm just confused.

 

[Zarilenth]

I'm not sure I understand one thing. The new bill talks about a new requirement for citizenship eligibility, which is 4 years out of the last 6. So how can one be able to apply after 4 years (31 July 2018) only? Don't you have to wait 6 years to be able to calculate 4 years out of 6?

Same with the old law, 3 years out of the last 4. Are you able to apply after 3 years + 1 day? Why would they mention 3 years out of 4? They could just say that you are eligible after 3 years or residency, period. Sorry if I sound a bit stupid, I'm just confused.

Mmmm yeah that was my question too, I hope that it is after 4 years. Maybe it's out of 6 if you miss one of the first 4? For example, if you stay for 3 years, leave for 8 months, then come back for another year?

 

[Avadava]

Mmmm yeah that was my question too, I hope that it is after 4 years. Maybe it's out of 6 if you miss one of the first 4? For example, if you stay for 3 years, leave for 8 months, then come back for another year?

Oh you might be right. So basically, let's say after 6 years of PR one wants to become a citizen, but after calculating the residency days, it comes down to only 3 years. That would mean this person is not eligible. And if they would wait another year, to have 4 years of residency, they would still not be eligible? Cause in their case, it would be 4 years out of 7.

Ahh, why is this so confusing for me?

 

[SenoritaBella]

Under current rules, it is 3 years out of 4 and need a minimum of 1095 days(i.e. 365 days x 3).

See if this helps clarify the new rules: http://www.canadavisa.com/canada-immigration-discussion-board/-t226557.0.html;msg3279155#msg3279155

I'm not sure I understand one thing. The new bill talks about a new requirement for citizenship eligibility, which is 4 years out of the last 6. So how can one be able to apply after 4 years (31 July 2018) only? Don't you have to wait 6 years to be able to calculate 4 years out of 6?

Same with the old law, 3 years out of the last 4. Are you able to apply after 3 years + 1 day? Why would they mention 3 years out of 4? They could just say that you are eligible after 3 years of residency, period. Sorry if I sound a bit stupid, I'm just confused.

 

[Zarilenth]

Under current rules, it is 3 years out of 4 and need a minimum of 1095 days(i.e. 365 days x 3).

See if this helps clarify the new rules: http://www.canadavisa.com/canada-immigration-discussion-board/-t226557.0.html;msg3279155#msg3279155

So, if we did 12 months each year for the first 4 years (under the new rules) or, 12 months each year for three years in the first 4, could we apply after 3 years? Or do you have to wait 4 years (if we go by the old rules)?

 

[Alurra71]

So, if we did 12 months each year for the first 4 years (under the new rules) or, 12 months each year for three years in the first 4, could we apply after 3 years? Or do you have to wait 4 years (if we go by the old rules)?

You must accumulate 1460 days or more to qualify for citizenship now. You may accumulate them all in the first 4 years or you can accumulate them over 6 years, however 4 out of those 6 you MUST have resided inside Canada for no less than 183 days. So that means if you spent only 1/2 the year the first 4 then you would have to spend the next 2 in their entirety to qualify. As with all day based counts they count backward from the day you sign the application. From what I understand how they now have it set the 1/2 days you used to be able to count before getting official PR while you lived/waited in Canada can no longer be counted. So you begin counting from official landing date.

Hope this helped clarify a bit for you.

 

[canuck_in_uk]

Thanks SenoritaBella! So if I understand that correctly, if he lands on July 30th of this year, can he apply for citizenship July 30th 2018? He'll be going to school full time so we have no plans of leaving the country and not meeting the 183 days.

Keep in mind that this is only if he spends EVERY day in Canada. Any time spent outside of Canada needs to be tacked on after July 30th, 2018. So if in those 4 years, he takes a combined month of holidays outside Canada, he won't qualify until August 30th, 2018.