Citizenship application lack of logic

[diegosolano]

Good afternoon
My mother has been a permanent resident since March 2021 and since 2015 she has been going back and forth between our home country and Canada, which could easily give her the 365 additional days as a temporary resident (0.5 day for each day spent as a temporary resident)

However, when I checked the citizenship requirements, it says that she needs to file taxes in 3 out of the 5 years of eligibility, which doesn’t make sense because she was only applicable for 2 years

Anyone has encountered this situation and has any tips? Do we need to wait an additional year?
If we need to wait an additional year, then what is the point of considering the days living here as a temporary resident then?

 

[dpenabill]

Good afternoon
My mother has been a permanent resident since March 2021 and since 2015 she has been going back and forth between our home country and Canada, which could easily give her the 365 additional days as a temporary resident (0.5 day for each day spent as a temporary resident)

However, when I checked the citizenship requirements, it says that she needs to file taxes in 3 out of the 5 years of eligibility, which doesn’t make sense because she was only applicable for 2 years

Anyone has encountered this situation and has any tips? Do we need to wait an additional year?
If we need to wait an additional year, then what is the point of considering the days living here as a temporary resident then?

The eligibility requirements for citizenship do not mandate that Canadian taxes be filed, only that the individual complied with Canadian tax filing laws for at least three of the relevant five tax years. Thus, for example, for any year in which the applicant did not file a tax return, if they were not required to file a tax return under CRA rules and Canadian tax laws that will count as a year in tax filing compliance. No deviation from logic.

Note: For an application made this month, any days in Canada prior to March 2018 are not relevant, do not count. A thousand days present in Canada 2015 through February 2018 will get ZERO credit toward citizenship.

Also, be aware that even though days in Canada with visitor status technically count, remember the burden of proof is on the applicant. As a practical matter, however, proof of status (Temporary Resident Status, which is what will qualify for pre-PR presence credit) mostly depends on the individual's GCMS records. Whether the applicant's GCMS records will readily provide proof (verification) of temporary resident status for a visitor sometimes causes issues. Depends on what documentation of status the individual obtained at the time. Note, for example, for those coming to Canada on visa-exempt passports (using eTA when flying to Canada), IRCC might not verify the individual's status in Canada during those visits, which could mean those days do not get credit. In contrast, it appears that those visiting with a formally issued visitor visa do not have problems getting credit (so long as actual presence is documented). In any event, applicants relying on pre-PR credit for visitor days will typically be wise to be sure there is documentation of their status and wait to apply with a significantly larger margin over the minimum than many other applicants.

 

[diegosolano]

The eligibility requirements for citizenship do not mandate that Canadian taxes be filed, only that the individual complied with Canadian tax filing laws for at least three of the relevant five tax years. Thus, for example, for any year in which the applicant did not file a tax return, if they were not required to file a tax return under CRA rules and Canadian tax laws that will count as a year in tax filing compliance. No deviation from logic.

thank you for your answer, so what I highlighted in bold means I can submit the application? Should I attach an explanation letter?
Thanks for your help

 

[dpenabill]

thank you for your answer, so what I highlighted in bold means I can submit the application? Should I attach an explanation letter?
Thanks for your help

A PR who meets the ALL of the requirements can, of course, file an application for citizenship. When to file is not for me to say. (There are various reasons why it might be wise to wait longer after all the requirements are met.)

Question 12 in the application CIT 0002 has a chart with five rows corresponding to the five relevant tax years. Each year that the applicant checks "no" in the chart under "Required to file" will count as one of the required three years of compliance.

What counts, any of the following:
yes (required to file) and yes (taxes filed)
no (not required to file) and no (taxes not filed)
no (not required to file) and yes (taxes filed)

Actually the only tax year that does not count (toward the three) is a year the applicant checks "yes" (required to file) and "no" (taxes not filed).