Effective date of Bill C24
- Thread starter SherifEF
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How did they hear about it when it hasn't been officially announced? Did the lawyer have a lawyer-client relationship with you, or is it merely hearsay?kiwi1959 said:
Generally the important date, the date that matters, is the date the applicant signs the application . . . so long as it is not postdated (in which case it is deemed to be unsigned by CIC) or staledated (likewise deemed unsigned). That establishes the date for calculating residency. The applicant must meet the residency requirement and all other qualifications as of the day before the date the application is signed.ScubaC said:
While the date the application is actually received at CIC Sydney is a part of the record, in general it has no substantive import.
EXCEPT
EXCEPT, that given Bill C-24 and the transitional provisions in that Bill, there will be a big difference between those complete applications received at CIC Sydney on the day before the Governor in Council orders the amended version of section 5 of the Citizenship Act to come into force, and those received that day or after. Those received the day before the new residency provisions come into force will be processed under the currently applicable residency provisions. Those recieved that day, or later, will be processed applying the new residency provisions.
While the new residency provisions may be ordered to take effect almost any day now, it is not at all likely this will happen this month. Next month? Possible but few think so. April? Similarly. For now, despite claims and speculation as to more precise dates, the most likely date is sometime between May and August, most thinking a date in July (lots are betting on July 1st), some like me leaning some toward a date in June, but really anytime between May and August is as much as anyone can say is the likely date.
Note: It seems rather odd to me that as of February 8, a courier would indicate actual delivery by February 18. Ordinary Canada Post mailing does not take that long. Any courier service within Canada used for the purpose of confirming delivery should take no more than three or four business days at most, maybe five if you are in a really remote part of Canada. And of course it is prudent to use a courier service which confirms delivery.
dpenabill,
The reason my application will be received my Feb. 18th is because I am waiting to get a letter on the 11th. I will actually send it on the 14th
Thanks for clarification!
One more question. I am signing the calculation sheet and the application on the 13th of Feb. I am also paying my fees on the 13th of Feb. I am then sending it on the 14th through Fedex. It will be slightly delayed getting there due to Family Day.
Is this the correct way to do things?
Thanks again!
The reason my application will be received my Feb. 18th is because I am waiting to get a letter on the 11th. I will actually send it on the 14th
Thanks for clarification!
One more question. I am signing the calculation sheet and the application on the 13th of Feb. I am also paying my fees on the 13th of Feb. I am then sending it on the 14th through Fedex. It will be slightly delayed getting there due to Family Day.
Is this the correct way to do things?
Thanks again!
Note: This topic is about the effective date of provisions in Bill C-24, with some tangential discussions related to how those provisions may affect applicants.ScubaC said:dpenabill,
The reason my application will be received my Feb. 18th is because I am waiting to get a letter on the 11th. I will actually send it on the 14th
Thanks for clarification!
One more question. I am signing the calculation sheet and the application on the 13th of Feb. I am also paying my fees on the 13th of Feb. I am then sending it on the 14th through Fedex. It will be slightly delayed getting there due to Family Day.
Is this the correct way to do things?
Thanks again!
And I am not an expert, and not qualified to give personal advice.
But yes, the application and residency calculation should be signed and dated the same day. Always triple check dates and numbers (have seen instances in which applicants put the wrong date here or there with disastrous consequence). Qualification is based on the day before the application is signed. Do not post-date the application (even by a day, even though that might not get caught). It is OK to mail the application after the date everything is signed, so long as it is mailed within . . . I forget what CIC considers a stale-dated application but it is at least longer than a couple months. And remember to include proper proof of fee payment.
Triple check everything. I did two completely separate drafts, without consulting the first one when doing the second, and compared them when completing the final draft. And I still made some mistakes (fortunately they were minor and did not affect the processing of my application).
And be sure to have a margin over and above the 1095 day threshold for actual physical presence.
I know of no generally applicable practical rule for determining the amount of margin a specific applicant would be prudent to have before applying . . . and there is certainly no definitive one.plus said:
1095 days of physical presence does the trick, makes the grade. As long as that is what CIC concludes.
Apart from padding enough of a margin to cover potential errors (as perfect as many of believe we are, the risk of making mistakes is always present, usually high), the bigger issue, however, is how certain is it that CIC will conclude that the applicant has met that threshold of actual physical presence. What is the risk that CIC will have doubts?
There is absolutely NO one-rule-fits-all answer to this question.
Going into all the details about factors influencing an individual's when-to-apply question would be, I think, too much of a tangent from the subject of this topic. As I noted before, this topic is about the effective date of provisions in Bill C-24, with some tangential discussions related to how those provisions may affect applicants. I am particularly reluctant to stray too far from this subject because it is clear, many, many PRs are on the cusp this year, PRs for whom the effective date of the revised residency requirements is very important . . . and I believe quite a few will watch a topic like this for real news (if and when we get any) about when this will happen. I do not want to be part of what is more of a distraction.
That said, though, the when-to-apply question, including how much of a margin is prudent, looms huge in the decision-making many of those on the cusp this year must make. Wait too long, try to build too much of a margin, and miss getting the application submitted before the new residency requirements take effect could mean having to wait a year, up to nearly two years, to apply. So yes it is an issue high on the list for many.
For purposes of this topic, it is best to highlight the importance of having a margin IF possible, but how much is dependent on many aspects of the applicant's situation.
I will note that I personally think that the number of trips abroad is not a particularly significant factor . . . except for the obvious, the high frequency traveler, the PR with extended absences, or the PR who reports never having gone abroad (all of which may, I think, draw elevated scrutiny from CIC). Just one trip is close to no trips, so maybe that could invite CIC's doubts (as in doubt that the applicant is disclosing all travel abroad), but it really depends a lot, lot more on all the other circumstances of the individual. For example, a PR originally from Detroit, Michigan who reports only one trip outside Canada is almost certainly going to invite questions . . . that close to home and only one trip? Beyond that it gets very individual specific.
Personally I waited to have a very big margin. But there was no rush for me, and no sword-of-changing-law hanging over my head. I am sure many, many will be applying this year with less of a margin than would have if the new residency requirements were not hanging over their head.
dpenabill
I am curious to why are you closely monitoring the update on Bill C-24 if you have already gotten the citizenship? Don't get me wrong your posts are insightful, I even +1'd you, it'ss just usually members keep a close eye on the forum until they get what they're applying for, and afterwards they are nowhere to be found!
I am curious to why are you closely monitoring the update on Bill C-24 if you have already gotten the citizenship? Don't get me wrong your posts are insightful, I even +1'd you, it'ss just usually members keep a close eye on the forum until they get what they're applying for, and afterwards they are nowhere to be found!
I also have the same information from different immigration lawyers that the cut-off date will be in July.
The information from higher CIC authority is the same "It will not be effective before July."
It seems that the date is clear from a long time, but they just refuse to announce it officially yet.
The information from higher CIC authority is the same "It will not be effective before July."
It seems that the date is clear from a long time, but they just refuse to announce it officially yet.
screech339
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It is quite possible that CiC doesn't want to make it official too far in advanced that it may cause a tsunami of applications coming in to beat the deadline. By minimizing the time between announcement and official cutoff date, it also minimizes the flood of application. It won't stop the flood but at least minimizes it to prevent CIC from being overwhelmed with applications. After all, it takes some time to gather documentations together, such as CBSA records (30 days), travel records from foreign countries, etc, etc.
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