Dear Folks,
Does application for Citizenship require 1095 days RO cut-off for both 5 Year Terms or 10 Year Terms?
I am under the impression that for the first 5 Year PR Period one may need 1095 days RO cut-off to apply
for Citizenship.
and, For the Second 5 Year cumulative Period of 10 Years one may need 1460 days or 1825 days RO cut-
off period to apply for Citizenship. ( .i.e., if one renews PR card for another 5 years ).
Kindly, Could someone Clarify and Enlighten.
Regards,
I agree with the to-the-point response by
@Bs65
CURRENT citizenship requirements are based on an "eligibility period" consisting of the five years preceding the date the application is made, during which the PR needs to have been present in Canada 1095 days (subject to wrinkle for those entitled to pre-PR credit). Thus, the "eligibility period" changes each day, and is always based on the previous five years.
My impression is that "both 5 Year Terms or 10 Year Terms" comes from a common misunderstanding about the PR Residency Obligation, related to the way RO compliance is calculated during the FIRST five years after landing. BUT after the first five years, RO compliance is similarly based on a new five year period of time EACH new day, always based on the five years immediately preceding the particular day. That is, after the fifth year anniversary of the day of landing, each day there is a new five year period of time for calculating RO compliance.
So, in an effort to make it clear: the longer explanation:
CURRENT citizenship requirements are based on an "eligibility period" consisting of the five years preceding the date the application is made, during which the PR needs to have been present in Canada 1095 days (subject to wrinkle for those entitled to pre-PR credit).
Thus there is, in effect, a new "5 year term" each day.
-- For example: the applicable five year term for someone applying today, June 10, 2019, is the five years between June 10, 2014 and June 9, 2019. Thus, this individual would need to have been actually physically present in Canada at least 1095 days between June 10, 2014 and June 9, 2019.
-- Another example: If the individual applies tomorrow, June 11, 2019, there is a different five year term (that is, "eligibility period"), and that would be between June 11, 2014 and June 10, 2019. Thus, this individual would need to have been actually physically present in Canada at least 1095 days between June 11, 2014 and June 10, 2019.
-- Another example: If the individual applies next month, say July 7, 2019, there is a different five year term (that is, "eligibility period"), and that would be between July 7, 2014 and July 6, 2019. Thus, this individual would need to have been actually physically present in Canada at least 1095 days between July 7, 2014 and July 6, 2019.
-- Another example: If the individual applies next YEAR, say July 7, 2020, there is a different five year term (that is, "eligibility period"), and that would be between July 7, 2015 and July 6, 2020. Thus, this individual would need to have been actually physically present in Canada at least 1095 days between July 7, 2015 and July 6, 2020. CAUTION: this depends on NO CHANGES to the requirements before then. Citizenship requirements are subject to change.
Permanent Resident Residency Obligation:
As
@Bs65 noted, the PR card validity dates are NOT relevant. To be clear, however, they are NOT relevant in calculating actual physical presence for citizenship AND they are NOT relevant in calculating days in Canada for purposes of assessing compliance with the PR Residency Obligation.
The PR Residency Obligation ALSO has a rolling five year calculation period, so that there is similarly a new five year period each new day. EXCEPT during the first five years after landing.
During the first five years after landing, that is prior to the fifth year anniversary of the date the PR landed and became a PR, the five year period is the full first five years. And the PR gets credit for days in Canada PLUS days left to the fifth year anniversary.
But as of the fifth year anniversary of the day of landing, there will be a new five year period EACH new day, always based on number of days in Canada during the five years immediately preceding that day.
Thus, for any PR who landed prior to June 11, 2014, the applicable five year period of time for calculating RO compliance TODAY is the number of days present in Canada between June 11, 2014 and today, June 10, 2019. Tomorrow, it will be days present in Canada between June 12, 2014 and June 11, 2019. And so on.
Relationship between calculation of RO compliance versus meeting citizenship presence requirements (hint: there is NOT a relationship between the two) --
-- Even though
CURRENTLY (always subject to change) both the citizenship presence requirement and the PR Residency Obligation are calculated based on presence during a FIVE year time period, OTHERWISE these are two totally separate calculations with different rules governing what counts. It would be RARE for the citizenship requirement and RO to be based on the same five year term. Indeed, this would only happen if a person just happened to apply for citizenship and be subject to a PR RO compliance examination on precisely the same day, and that happened sometime after the fifth year anniversary of the day the individual landed and became a PR.
