Cut Off date for New Citizenship Rule-Some Questions

[kingcobra123]

Hi,

Looks like cut-off date for NEW Citizenship rule is June 19th 2015 (No one knows for sure, but majority have quoted this date). Suppose someone qualifies on June 18th, fills application and Send to CIC.

1. But because of postal delays etc. Citizenship Office receives application on June 22, 2015 (June 20-June 21 is weekend), then CIC will still consider it under new rule or OLD rule? Please Note Application was signed on June 18th.

2. If someone send application by May end, But because its NOT complete, CIC send it back. Now applicant re-sends the application but after June 19th, then how CIC will treat this application?

 

[DAN11]

Hi,

Looks like cut-off date for NEW Citizenship rule is June 19th 2015 (No one knows for sure, but majority have quoted this date). Suppose someone qualifies on June 18th, fills application and Send to CIC.

1. But because of postal delays etc. Citizenship Office receives application on June 22, 2015 (June 20-June 21 is weekend), then CIC will still consider it under new rule or OLD rule? Please Note Application was signed on June 18th.

2. If someone send application by May end, But because its NOT complete, CIC send it back. Now applicant re-sends the application but after June 19th, then how CIC will treat this application?

Pretty tedious questions - You may need to wait until that rule comes out to see the fine prints of this issue as they normally put that out days or so before the effective date. The residency calculator which is signed by the date and generally when the application is signed are the number one things they use to determine if you are qualify. If your application is returned it will re-join the line.

 

[scylla]

1. But because of postal delays etc. Citizenship Office receives application on June 22, 2015 (June 20-June 21 is weekend), then CIC will still consider it under new rule or OLD rule? Please Note Application was signed on June 18th.

2. If someone send application by May end, But because its NOT complete, CIC send it back. Now applicant re-sends the application but after June 19th, then how CIC will treat this application?

The date hasn't been published yet. However to fall under the old rules, your application will need to be physically received by CIC before the new rules come into place. So if the rules come into place on the 19th, your application would have to be received on the 18th or earlier to fall under the old rules. If your application is returned, it will be like you're sending a brand new application - the date your application was originall received is not locked in since your application was returned.

 

[boltz]

Hi,

Looks like cut-off date for NEW Citizenship rule is June 19th 2015 (No one knows for sure, but majority have quoted this date). Suppose someone qualifies on June 18th, fills application and Send to CIC.

1. But because of postal delays etc. Citizenship Office receives application on June 22, 2015 (June 20-June 21 is weekend), then CIC will still consider it under new rule or OLD rule? Please Note Application was signed on June 18th.

2. If someone send application by May end, But because its NOT complete, CIC send it back. Now applicant re-sends the application but after June 19th, then how CIC will treat this application?

Tricky 2 nd Q. No, applicant can't make an intentional mistake (not signing, etc) to get appln returned, so his/her slot is held while he/she is closer to deadline. It's gonna be considered a new appln on resubmission

 

[Paco]

Tricky 2 nd Q. No, applicant can't make an intentional mistake (not signing, etc) to get appln returned, so his/her slot is held while he/she is closer to deadline. It's gonna be considered a new appln on resubmission

+1

 

[MUFC]

@ kingcobra123
Not only the date is not clear, the month is also not clear in which the cut off date will be.

The only sure thing is that the cut off date will be at some point this calendar year.

 

[dpenabill]

For clarification and emphasis:

Emphasis: Scylla's post succinctly, accurately states the rule, that applications not received as of the day before the revised provisions come into force, will be processed according to the revised provisions. Thus as noted, if (big if) June 19th is the date, to be processed under the current provisions a complete application must be received by June 18th.

Clarification: a Bill C-24 provision, already in effect (as I recall, without revisiting the particular provision, this was part of what came into force last August 1st -- in any event it is reflected as currently in force in the Consolidated Acts version of the Citizenship Act), specifically provides that an application is not made unless and until a complete application has been received. There were some Federal Court decisions about a year or two ago, relative to PR applications, which ruled the application is made when first received even if returned, but that ruling was specifically dependent on an interpretation of then existing law and regulations. Hence the amendment in Bill C-24 (there has been a similar amendment for IRPA I believe) to firmly establish that the application-made date is dependent on a complete application being submitted and received.

To be clear, in the summary of what Bill C-24 does, this is the first thing listed under amendments to provisions governing the processing of the application, where it states:

(a) requiring that an application must be complete to be accepted for processing;

Thus, section 13 of the Citizenship Act now states:

13. An application is to be accepted for processing under this Act only if all of the following conditions are satisfied:
(a) the application is made in the form and manner and at the place required under this Act;
(b) it includes the information required under this Act;
(c) it is accompanied by any supporting evidence and fees required under this Act.



Reminder: post-dated applications are deemed unsigned by CIC, and thus will be returned.