Outside Canada > 183 will affect Future Citizenship ?

[Jaya1985]

Hi,

I became PR on July 17th 2013; i.e i spent < 183 days in canada on 2013 as a PR, When New Citizenship Act come into effect mid next year , PR must stay atleast 183 in a year which can be counted for 4 out of 6 years rule. So i will have to wait 5 years to apply for Citizenship ?

Seniors Please clarify ?

 

[Goldline]

Hi,

I became PR on July 17th 2013; i.e i spent < 183 days in canada on 2013 as a PR, When New Citizenship Act come into effect mid next year , PR must stay atleast 183 in a year which can be counted for 4 out of 6 years rule. So i will have to wait 5 years to apply for Citizenship ?

Seniors Please clarify ?

|Nothing to clarify. You said everything and you re right.

 

[screech339]

Hi,

I became PR on July 17th 2013; i.e i spent < 183 days in canada on 2013 as a PR, When New Citizenship Act come into effect mid next year , PR must stay atleast 183 in a year which can be counted for 4 out of 6 years rule. So i will have to wait 5 years to apply for Citizenship ?

Seniors Please clarify ?

Not necessarily. Since you landed july 17, 2013, you wouldn't be able to claim july 17, 2013- july 16, 2014 if you spent less than 183 days during that year period. I don't think 183 minimum day requirement is strictly done in a calendar year of Jan 1- dec 31. For example in your case, the 183 day rule does not apply from July 17-Dec 31 2013 in the same calendar year.

You can still qualify for canadian citizenship after 4 years if you have spent at least 183 days from July 17, 2013 - July 16, 2014.

Does this made sense to you?

Screech339

 

[boltz]

Not necessarily. Since you landed july 17, 2013, you wouldn't be able to claim july 17, 2013- july 16, 2014 if you spent less than 183 days during that year period. I don't think 183 minimum day requirement is strictly done in a calendar year of Jan 1- dec 31. For example in your case, the 183 day rule does not apply from July 17-Dec 31 2013 in the same calendar year.

You can still qualify for canadian citizenship after 4 years if you have spent at least 183 days from July 17, 2013 - July 16, 2014.

Does this made sense to you?

Screech339

Yep; and your 4 years would be determined at the time of citizenship application counted backwards; just like how it happens now.

 

[Goldline]

Guys, it's 183 days per CALENDAR YEAR. if one lands in August, they will start counting staring from the next calendar year(January).

 

[screech339]

Guys, it's 183 days per CALENDAR YEAR. if one lands in August, they will start counting staring from the next calendar year(January).

The new rules says 1460 days in a 6 year period and for at least 183 days per year in the four of the 6 years. That is not calendar years. That is 4 years out of the 6 years prior to submitting application. In other words, at least 183 in each year of the 4 year out of 6 year requirement. Nothing about 183 in a calendar year jan 1-dec 31.

I still stand corrected. The OP can still apply for citizenship so long as he met at least 183 days from July 17, 2013 to july 16, 2014. He must be in Canada at least 6 months for each year of the 4 years out of 6 prior to submitting application. In other words, if OP applied at 6 years, 4 of those years must have at least 183 days if he meets 1460 days at over 6 years.

 

[screech339]

If I qualify for citizenship at 1460 days at the 6 year mark, 4 years out of the 6 years must have 183 days minimum each. (not calendar years).

For example: submitting application at July 1st, 2020. Going back 6 years would make

Year 1 (July 1, 2014 - June 30, 2015)
Year 2 (July 1, 2015 - June 30, 2016)
Year 3 (July 1, 2016 - June 30, 2017)
Year 4 (July 1, 2017 - June 30, 2018)
Year 5 (July 1, 2018 - June 30, 2019)
Year 6 (July 1, 2019 - June 30, 2020)

Any of 4 year range listed must have 183 days minimum. Nothing about absolute calendar year Jan 1-Dec 31. If Year 4 dropped below 183 days minimum, that's okay as 5 other year ranges met 183 minimum. However if year 3, year 4 and year 5 dropped below 183 days mininum despite meeting 1460 days over 6 year period, I cannot qualify for citizenship. This is due to 3 year range only meeting 183 day minimum. I need 4 year ranges to have 183 days minimum. You can legally be out of Canada 2 years out of 6 year and still meet citizenship qualification. Since 4 of my years met 183 days minimum annual requirement.

Screech339

 

[Msafiri]

When in doubt refer to the legislation

Bill C-24

3. (1) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following:

(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,
(i) been physically present in Canada for at least 1,460 days during the six years immediately before the date of his or her application,
(ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and
(iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;


Effectively if you front load your absences to greater than 183 days in the initial 4 years post landing (which sucks for those whose COPR driven landing is post June 2nd) the longer it takes you to get citizenship...the Feds may have inadvertently dealt with the RO abuse here by making PRs playing the RO roulette almost never eligible for citizenship.

 

[screech339]

Are you saying anyone who landed between july - dec are screwed because they have less than 183 days in the first year? Doesn't make sense and it is unfair to them while everyone else who landed between Jan - June can use first year? Doesn't work that way.

According to Webster: Calendar year

1 : a period of a year beginning and ending with the dates that are conventionally accepted as marking the beginning and end of a numbered year
2 : a period of time equal in length to that of the year in the calendar conventionally in use.

As you can see a calendar year can be any length of time that is equal to a year. In other words, the example I gave above "year 1, year 2..." , each range I gave is considered to be a "calendar year"

I still stand corrected. The OP can apply for citizenship 4 years after the OP landed. He can qualify July 17, 2017 if OP met the minimum 183 days in each of the calendar year from July 17, 2013-July 16, 2014 and so on, along with 1460 total days.

Screech339

 

[moti]

if we enter all the dates in residence calculator, does not it consider everything and tells you the physical presence days and whether you are eligible to apply or not ?

 

[meyakanor]

Are you saying anyone who landed between july - dec are screwed because they have less than 183 days in the first year? Doesn't make sense and it is unfair to them while everyone else who landed between Jan - June can use first year? Doesn't work that way.

According to Webster: Calendar year

1 : a period of a year beginning and ending with the dates that are conventionally accepted as marking the beginning and end of a numbered year
2 : a period of time equal in length to that of the year in the calendar conventionally in use.

As you can see a calendar year can be any length of time that is equal to a year. In other words, the example I gave above "year 1, year 2..." , each range I gave is considered to be "calendar year"

I still stand corrected. The OP can apply for citizenship 4 years after the OP landed. He can qualify July 17, 2017 if OP met the minimum 183 days in each of the calendar year from July 17, 2013-July 16, 2014 and so on, along with 1460 total days.

I don't think they will just cancel the days that are part of the calendar year in which you are not present for over six months.

For example, let's say you landed on September 1 2014, you plan on to stay without leaving until September 2 2018, then you will qualify to apply by then, despite not having completed more than 6 months of physical presence on your first calendar year (there are FIVE calenday years that are involved here: 2014, 15, 16, 17 and 18; and on 2015, 16, 17 and 18, you will have stayed more than six months in each).

From your example, suppose you apply for citizenship on July 1 2020, then you will go back to July 2 2014 to determine your residency. However, in total, there are SEVEN calendar years within the relevant six year period (2014, 15, 16, 17, 18, 19, 20). One only needs to have resided at least 6 months in four out of these seven calendar years.

It is possible, however, to have accumulated 1,460 days without satisfying this requirement. Let's say you stay fully in Canada within 2015, 2016, and 2017, and on each of 2014, 2018, 2019, and 2020, you stay only 4 months, then you will have to wait a bit longer before you are eligible to apply.

 

[screech339]

As per CIC website

http://news.gc.ca/web/article-en.do?nid=832219

The amendments would require applicants to be physically present for four years (1,460 days) in a six-year period, and require applicants to be physically present in Canada for at least 183 days per year in four of the six years

It says that 183 days must be met in the 4 years out of the 6 year. There is nothing about actual (Jan 1-Dec 31) 7 calendar years as you have stated over 6 years. It means at least 4 (365 days "calendar year") period out of 6 years must meet 183 days each.

There is only one way to find out. We will have to wait until June/July 2015 for the new citizenship online residency to reflect the new rules and see who is correct.

Screech339

 

[CanV]

I doubt it will be on a calendar year basis. This would create alot of work for CIC and will be be unfair to many applicants. Remember if that is the case then eligible applicants cannot apply before July 1 of any year, since technically they have not spent 183 in that calendar year. The more logical scenario is to look at the 6 years immediately before the application date, similar to how it is done now. OR the count of days can be "prorated" in the first year based on when the applicant landed, which is a much less likely scenario.