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Bill C-6: Senate stage

dpenabill

VIP Member
Apr 2, 2010
6,282
3,042
Hello Friends,
> Is there a place (may be airport authority) where we can get our days of stay verified? searching for visa stamping etc normally takes lot of time.
In addition to other responses:

Accurately and completely reporting all dates that the applicant exited Canada and entered Canada is one of the most important things to do right when making an application for citizenship.

While there is some leeway for approximations or small errors, that leeway probably continues to be rather narrow. IRCC is perhaps a bit more flexible than CIC was during the Harper years, but there really is rather little wiggle-room when accounting for travel abroad. Including brief travel to the U.S.

In particular, IRCC has little reason to be sympathetic to claims about how difficult it is provide such detailed information. The PR was there, in person, each and every time he or she left Canada, each and every time he or she entered Canada, and indeed there is no one else in the world who is in a better position to know and report each and every trip abroad than the person who made those trips.

In other words, the importance of getting this information as complete and accurate as possible cannot be overstated. Again, this is true even though the instructions allow an applicant to provide, with explanation, some approximate dates. Approximations are almost certain to elevate the risk of non-routine processing significantly if not dramatically. And any significant omissions will almost certainly cause delays and problems.

How well a PR can reconstruct this information if he failed to keep good records depends on that PR's particular circumstances, especially as to those related to his travel, such as whether his credit card records or employment and business records, might help the individual to reconstruct a near complete account of travel.

Bottom-line, for the PR who failed to keep regular records of travel abroad, that PR needs to make a serious, diligent, dedicated, extensive effort to track down each and every trip, before even thinking of sending off an application.

Hello Friends,

> If a person goes to work (truking/other) to other countries regularly & stays there for 36-48 hours before returning, would the absent days be counted? As a Canadian firm is sending for work.
A return to Canada the same day one exited Canada, or the very next day, will net zero days abroad.

Beyond that, this question has to be about travel to the U.S. unless it is not about trucking or such but about employment with an airline or such as that.

Foremost, IRCC now requires that all trips abroad be declared. A half hour jaunt across the Queenston Heights bridge and back, to buy cheap gas at Smokin Joe's in Lewiston for example, needs to be declared. It nets zero days abroad, but it still needs to be declared.

Make sure to get the calendar date right. Stuck in traffic on the Ambassador Bridge one evening when headed back to Windsor from Michigan, so you do not actually get through customs/PoE before midnight, that is a return to Canada the next day.

For any Trans-Pacific flights be sure to not base the reported exit from Canada date on the entry stamp in the destination country . . . depending on the particular flight, the exit from Canada date will be at least one or two days earlier.

In any event, it is not the number of hours one has traveled to the U.S., but rather simply the date that Canada was exited and the date of re-entry into Canada. Put those into the calculator accurately, the calculator will accurately give a count of days outside Canada.

By the way, it makes no difference at all whether the trip was personal or business, for recreation or on behalf of a Canadian employer.
 
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electronus

Newbie
Jun 23, 2017
2
0
We might still have to wait for the one that asks for data in the last three years prior to the application.
I've compared current forms with a previous one. The only one change they made - they removed intention to reside after granting citizenship. So yes, looks like they are going to do another version for 3/5
 

coshx

Hero Member
May 8, 2013
269
37
If you came to Canada as a PR and do not have any pre-PR tax filings in Canada, and also have been in the country for a total of three years at the time of applying for citizenship, then you will need to wait to file taxes for three years before applying for citizenship.

For some of us, we have been working in Canada, prior to receiving our PR and can show multiple years of tax filings.
True GiantPanda. Time spent in Canada has a Visitor cannot be counted towards meeting citizenship residency requirements under 4/6 or 3/5 rule. This is because Visitors don't file income tax and they don't have temporary social insurance number. The 3/5 rule comes into effect in September, October or November 2017 and does not address the tax requirement of visitors.

https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/06/bill_c-6_receivesroyalassent0.html
 
Last edited:
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coshx

Hero Member
May 8, 2013
269
37
I will fulfill the residency requirements in early July 2017. I should have qualified this June but I took some travel for a few days and pushed me into July.
I was really affected by not only C-24 but the closure of Canadian Embassy (Buffalo) during PR processing days. A lot of people are in the same shoes as me. Hopefully, the majority of those affected will have qualified under C-24 before September/October/November when 3/5 rule kicks in.
Once 3/5 and Pre-PR credit rule comes into effect, there will be more applications submitted which may or may not increase processing time. The citizenship process is now more streamlined than Pre C-24.
One thing I just wish the government can do is to make Citizenship application online. It is only logical they do that since PR application for people who may not have been in Canada before is done online. It is something that should be easy for them to implement.
My advise to those who qualify in July 2017 is to apply under the 4/6 rule. It is better than waiting until Fall for 3/5.
 

await

Hero Member
May 2, 2010
330
84
Visa Office......
Colombo
NOC Code......
4121
App. Filed.......
09-11-2009
AOR Received.
07-04-2010
File Transfer...
26-02-2010
Med's Request
05-01-2012
Med's Done....
12-01-2012
Interview........
waived
Passport Req..
03-04-2012
VISA ISSUED...
04-04-2012
I will fulfill the residency requirements in early July 2017. I should have qualified this June but I took some travel for a few days and pushed me into July.
I was really affected by not only C-24 but the closure of Canadian Embassy (Buffalo) during PR processing days. A lot of people are in the same shoes as me. Hopefully, the majority of those affected will have qualified under C-24 before September/October/November when 3/5 rule kicks in.
Once 3/5 and Pre-PR credit rule comes into effect, there will be more applications submitted which may or may not increase processing time. The citizenship process is now more streamlined than Pre C-24.
One thing I just wish the government can do is to make Citizenship application online. It is only logical they do that since PR application for people who may not have been in Canada before is done online. It is something that should be easy for them to implement.
My advise to those who qualify in July 2017 is to apply under the 4/6 rule. It is better than waiting until Fall for 3/5.
I am also in the same boat. I have 1 question regarding the requirement of spending 183 day in each " Calendar Year" in Canada. I've landed late July and resided for 3 months and left Canada. However I returned back early next year.

Basically my absence from Canada is less than 183 days. But I have only a total of 50 days for 2012 (the year I did my Landing) Is it possible count the time spent in 2012 towards my citizenship application requirement.

Any advice is greatly appreciated.
Many thanks
 

prash16

Full Member
Jun 19, 2017
29
5
@await I believe 2012 days will count towards total no of days not 183 days requirement. for 4 years out of 183 days 2014-2017 will be counted in. I am also in same situation, waiting for July 3rd to finish 183 days for this year :)
Days calculator on cic website is the benchmark..~
 

await

Hero Member
May 2, 2010
330
84
Visa Office......
Colombo
NOC Code......
4121
App. Filed.......
09-11-2009
AOR Received.
07-04-2010
File Transfer...
26-02-2010
Med's Request
05-01-2012
Med's Done....
12-01-2012
Interview........
waived
Passport Req..
03-04-2012
VISA ISSUED...
04-04-2012
@await I believe 2012 days will count towards total no of days not 183 days requirement. for 4 years out of 183 days 2014-2017 will be counted in. I am also in same situation, waiting for July 3rd to finish 183 days for this year :)
Days calculator on cic website is the benchmark..~
Hi
Many thanks for the prompt reply and for all the information. Just a quick clarification. Is the 183 day requirement out of 4 years right before application year? For example I have fulfilled the 183 requirements for years 2013/2014/2015/2016. I fall short by a few weeks for 2017.

Do I have to complete 183 days for 2017 to apply?

Thanks again, really do appreciate your comments
 

elie72

Hero Member
Sep 12, 2010
711
110
Category........
Visa Office......
London
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
13 Aug 2007
Doc's Request.
17 Aug 2009
AOR Received.
13 Aug 2007
Med's Request
March 2011
Med's Done....
08 April 2011
Interview........
Waived
Passport Req..
21 September 2011
VISA ISSUED...
05 October 2011
LANDED..........
23 December 2011
I am also in the same boat. I have 1 question regarding the requirement of spending 183 day in each " Calendar Year" in Canada. I've landed late July and resided for 3 months and left Canada. However I returned back early next year.

Basically my absence from Canada is less than 183 days. But I have only a total of 50 days for 2012 (the year I did my Landing) Is it possible count the time spent in 2012 towards my citizenship application requirement.

Any advice is greatly appreciated.
Many thanks
183 days for ANY 4 years out of the last 6 years
 

prash16

Full Member
Jun 19, 2017
29
5
Np... ```
Time you have lived in Canada
Regardless of your age, you must have been physically present in Canada as a permanent resident for at least:

  • 1,460 days during the six years right before the date you sign your application
  • 183 days during each of four calendar years that are fully or partially within the six years right before the date you apply``` From CIC website. Above comment. You dont have to complete 2017 days . My situation is different. Go what the calculator suggests...
 

await

Hero Member
May 2, 2010
330
84
Visa Office......
Colombo
NOC Code......
4121
App. Filed.......
09-11-2009
AOR Received.
07-04-2010
File Transfer...
26-02-2010
Med's Request
05-01-2012
Med's Done....
12-01-2012
Interview........
waived
Passport Req..
03-04-2012
VISA ISSUED...
04-04-2012
elie72 and prash16
Many thanks for the prompt replies, appreciate it!
 

ROBBIOS

Full Member
May 24, 2017
22
9
True GiantPanda. Time spent in Canada has a Visitor cannot be counted towards meeting citizenship residency requirements under 4/6 or 3/5 rule. This is because Visitors don't file income tax and they don't have temporary social insurance number. The 3/5 rule comes into effect in September, October or November 2017 and does not address the tax requirement of visitors.

https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/06/bill_c-6_receivesroyalassent0.html
I've landed as PR in May 2014 and haven't been out of country up to now. some months of 2017 counts towards my 3 year residency in Canada but I won't have the tax file for that until April 2018. I only have it for tax years of 2014,2015 and 2016. It doesn't make sense to require me to wait until April 2018 to apply for citizenship while the paycheques and other documents show that I've been living in Canada throughout 2017. Does it?
 

rashcanada

Star Member
Dec 26, 2010
71
15
Toronto
In addition to other responses:

Accurately and completely reporting all dates that the applicant exited Canada and entered Canada is one of the most important things to do right when making an application for citizenship.

While there is some leeway for approximations or small errors, that leeway probably continues to be rather narrow. IRCC is perhaps a bit more flexible than CIC was during the Harper years, but there really is rather little wiggle-room when accounting for travel abroad. Including brief travel to the U.S.

In particular, IRCC has little reason to be sympathetic to claims about how difficult it is provide such detailed information. The PR was there, in person, each and every time he or she left Canada, each and every time he or she entered Canada, and indeed there is no one else in the world who is in a better position to know and report each and every trip abroad than the person who made those trips.

In other words, the importance of getting this information as complete and accurate as possible cannot be overstated. Again, this is true even though the instructions allow an applicant to provide, with explanation, some approximate dates. Approximations are almost certain to elevate the risk of non-routine processing significantly if not dramatically. And any significant omissions will almost certainly cause delays and problems.

How well a PR can reconstruct this information if he failed to keep good records depends on that PR's particular circumstances, especially as to those related to his travel, such as whether his credit card records or employment and business records, might help the individual to reconstruct a near complete account of travel.

Bottom-line, for the PR who failed to keep regular records of travel abroad, that PR needs to make a serious, diligent, dedicated, extensive effort to track down each and every trip, before even thinking of sending off an application.



A return to Canada the same day one exited Canada, or the very next day, will net zero days abroad.

Beyond that, this question has to be about travel to the U.S. unless it is not about trucking or such but about employment with an airline or such as that.

Foremost, IRCC now requires that all trips abroad be declared. A half hour jaunt across the Queenston Heights bridge and back, to buy cheap gas at Smokin Joe's in Lewiston for example, needs to be declared. It nets zero days abroad, but it still needs to be declared.

Make sure to get the calendar date right. Stuck in traffic on the Ambassador Bridge one evening when headed back to Windsor from Michigan, so you do not actually get through customs/PoE before midnight, that is a return to Canada the next day.

For any Trans-Pacific flights be sure to not base the reported exit from Canada date on the entry stamp in the destination country . . . depending on the particular flight, the exit from Canada date will be at least one or two days earlier.

In any event, it is not the number of hours one has traveled to the U.S., but rather simply the date that Canada was exited and the date of re-entry into Canada. Put those into the calculator accurately, the calculator will accurately give a count of days outside Canada.

By the way, it makes no difference at all whether the trip was personal or business, for recreation or on behalf of a Canadian employer.
Thanks for such a detailed explanation. :)
 

dpenabill

VIP Member
Apr 2, 2010
6,282
3,042
I've landed as PR in May 2014 and haven't been out of country up to now. some months of 2017 counts towards my 3 year residency in Canada but I won't have the tax file for that until April 2018. I only have it for tax years of 2014,2015 and 2016. It doesn't make sense to require me to wait until April 2018 to apply for citizenship while the paycheques and other documents show that I've been living in Canada throughout 2017. Does it?
The requirement is to comply with CRA tax filing obligations.

If you landed in May 2014, you are NOT currently eligible to apply for citizenship and will not, under the current rules, be eligible until May 2018 at the very soonest.

You also refer to three year residency in Canada (by the way, the requirement is actual physical presence rather than a residency requirement).

Thus, it appears you are considering applying after the Bill C-6 3/5 rule comes into force. That will not happen until sometime this fall (my guess is October or November, leaning more toward November).

In any event, assuming you apply after the 3/5 rule takes effect, for the compliance with tax filing obligations part you will list the previous five tax years (or those tax years during which you have lived in Canada up to five) and check off whether you were required to file for each of those years and whether you did file. As long as the total number of years for which you check "no" for not required to file, or checked "yes-yes" (required to file and did file), adds up to three, you meet the requirement. Thus, for example, you check "yes-yes" (required to file and did file) for tax years 2014, 2015, and 2016, that will meet the requirement under the new rules (when they take effect).

Thus, for example, if you do not get to apply until, say, January 2018, and thus you need to include 2017 in the list of past tax years, you can check "yes" required to file for 2017 and "no" for not having filed. That will obviously be OK since you get to check "yes-yes" for 2014, 2015, and 2016. Thus, even though technically you could file a 2017 return well before April, as soon as early January, 2018 in fact, there is no need to do that.


By the way, there is no reason why time in Canada as a visitor cannot count toward meeting the presence requirement when the new 3/5 rule and credit for pre-PR time take effect. There is no direct relationship between filing taxes and time which counts toward qualifying for citizenship. (Again, the tax requirement is about complying with filing obligations, not about paying taxes.)

The problem with counting time visiting Canada is documenting presence during that period. For some that will not be difficult (persons with visitor status living in Canada with a spouse waiting on a spousal sponsored PR application for example, such as in Canada pursuant to a visitor's record or a TRP). For others, it may or may not be difficult to document, but might trigger non-routine processing so that IRCC can ask for the proof, leading to delays, or perhaps (depending on the extent and quality of the applicant's proof) serious questions about meeting the minimum presence requirement.
 
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