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tax as citizenship requirement

Angelwingz

Newbie
Feb 12, 2019
5
0
Hello
A friend of mine arrived in Canada as a PR in April 2017 so he filled tax returns for 2017 2018 and 2019.
Is he suppose to have physical presence in Canada during the entire 3 years tax (including 2017) to be eligible for citizenship or only present since 1095 days or both requirements ? Should he wait to fill 2020 as well to be eligible ?
Thank you for your help.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

Hello
A friend of mine arrived in Canada as a PR in April 2017 so he filled tax returns for 2017 2018 and 2019.
Is he suppose to have physical presence in Canada during the entire 3 years tax (including 2017) to be eligible for citizenship or only present since 1095 days or both requirements ? Should he wait to fill 2020 as well to be eligible ?
Thank you for your help.
1. No, just 1095 days in previous 5 years on the date he applies.
 

alphino

Member
Nov 7, 2014
13
1
Hi everyone,

A friend of mine wants to apply for citizenship, He did not file his tax returns in 2017 since he was unemployed. However, he has filed his 2016, and 2018( so he has only filed two years and not 3 years)

My question is, is it better for him to wait a few months until he files the 2019 tax returns and then applies for citizenship (since he would have 3 tax returns filed at that time)?

Is it also better to file that missing 2017 year when he files for 2019? Just to avoid raising any unnecessary questions on his application?

Thanks
 

harirajmohan

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Mar 3, 2015
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Hi everyone,

A friend of mine wants to apply for citizenship, He did not file his tax returns in 2017 since he was unemployed. However, he has filed his 2016, and 2018( so he has only filed two years and not 3 years)

My question is, is it better for him to wait a few months until he files the 2019 tax returns and then applies for citizenship (since he would have 3 tax returns filed at that time)?

Is it also better to file that missing 2017 year when he files for 2019? Just to avoid raising any unnecessary questions on his application?

Thanks
Your friend can very well file return for 2017 anytime and doesnt need to wait till next apr to file 2019 and then send the citizenship application.
File this week for 2017. Prepare the citizenship application after enough days accumulated and send it. No need to wait till Apr2021.
 
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alphino

Member
Nov 7, 2014
13
1
Your friend can very well file return for 2017 anytime and doesnt need to wait till next apr to file 2019 and then send the citizenship application.
File this week for 2017. Prepare the citizenship application after enough days accumulated and send it. No need to wait till Apr2021.
Thanks, harirajmohan. That makes sense.

Just to clarify, Is it really necessary to have three tax returns filed in order for the citizenship application to be processed?
From the CRA point of view, he was unemployed and so he does not necessarily have to file it right? What I'm thinking is, can he just proceed without even filing 2017? Because the eligibility criteria mentioned on the canada.ca website mentions that
If he decides to file now as you suggested, Another concern is, Could this add any unnecessary complication or potential red flags to his application, since he just started filing his tax returns right before applying for citizenship and outside of the typical tax filing months?
 
Last edited:

Ahmadd

Full Member
Sep 16, 2020
35
3
Hello,
I have met all the citizenship requirement except the tax one, It says I need to file 3 year taxes, but I've only filled 2, as I was not considered a resident in the previous years hence, did not file them. How important is it to file 3 year taxes? the website says 3 year taxes, IF NEEDED.
Id appreciate your input
You must have met your personal income tax filing obligations in three taxation years that are fully or partially within the five years immediately before the date you apply for citizenship
 

harirajmohan

VIP Member
Mar 3, 2015
6,157
1,663
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Thanks, harirajmohan. That makes sense.

Just to clarify, Is it really necessary to have three tax returns filed in order for the citizenship application to be processed?
From the CRA point of view, he was unemployed and so he does not necessarily have to file it right? What I'm thinking is, can he just proceed without even filing 2017? Because the eligibility criteria mentioned on the canada.ca website mentions that
If he decides to file now as you suggested, Another concern is, Could this add any unnecessary complication or potential red flags to his application, since he just started filing his tax returns right before applying for citizenship and outside of the typical tax filing months?
There is no complication. CRA has nothing to do with CIC. All CIC needs is that one should have filed taxes. One can very well file tax for 0 income for which many homemakers do file taxes So if he doesnt want to file 2017 this year then he can file taxes for 2019 and then apply. I am not sure if one can apply citizenship without filing 3 years of taxes.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-canadian-citizenship-adults.html
To be eligible under 5(1), since becoming a permanent resident, you must have:
  1. been physically in Canada for at least 1,095 days in the five years before you apply
  2. filed income taxes (if required by the Income Tax Act) for any three taxation years that are fully or partially within the five years before you apply
 
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NMontD

Hero Member
Nov 30, 2016
453
106
Dear Friends, Since this particular point, is about tax I thought of asking this question(12 a and b). I am July 15th Applicant and still waiting for AOR(only 54% have received as per the Google sheet).

In my Spouse's citizenship application, I have entered her SIN number and also Selected "Yes" for 12 a. however for 12 b, I am not sure if i have entered the 5 Tax years(2019-2015) in that table or left blank. I am sure, I have selected " Required to file" and "Tax filed" as "Yes". Just thought of checking before the AOR IRCC will check with CRA(i gave consent) and if anything needs to be coordinated then will do it before issuing the AOR or they will send the papers back. Just bit nervous as it's almost 5.5 months since they have our family app.
 

dpenabill

VIP Member
Apr 2, 2010
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From the CRA point of view, he was unemployed and so he does not necessarily have to file it right? What I'm thinking is, can he just proceed without even filing 2017?
There are many reasons why a resident of Canada SHOULD file a tax return EVEN WHEN the individual is NOT REQUIRED (by CRA rules) to file a return.

But that should not be confused with what is required to qualify for a grant of citizenship.

What is required to be eligible for a grant of citizenship is COMPLIANCE with CRA tax filing rules for at least THREE of the five tax years preceding the tax year in which the application is made.

This means that for any tax year in which the individual was NOT required (by CRA rules) to file a return, that year COUNTS toward the three needed even if the individual did NOT FILE a return for that year.

Thus, yes, an individual could, for example, meet the citizenship requirement to comply with tax filing rules without ever filing any tax returns, if for at least three of the preceding five years the individual was not required to file a return (according to CRA rules).

That said, the REQUIREMENTS are one thing, BUT what might raise questions, and cause problems, can be quite another.

The prudent PR will file a return every year, and even though filing compliance is only required for three of the five years, actual compliance for ALL years is the much, much better approach.

This is not to suggest going back and filing a return for a previous year in the past and for which the individual is not required (by CRA rules) to file a return. That is for the individual to decide, but I believe benefits which may have been available, upon filing a return for such a year, are probably no longer available. Not much to be gained by filing an old return now. And as for the impression it makes on citizenship processing officials, the employment history will tell that tale anyway.
 
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iSimran

Star Member
May 20, 2021
190
59
I have a question. I am going to apply for citizenship ship in few day I just need help to fill out the taxes question. I came in canada in 2018 so my eligibility period of 5 years from today is in 2016 but I arrived In canada in my eligibility period do I need to say yes or no on required to file taxes and yes or no on taxes filed for 2016 and 2017 but I filled taxes for all the reaming three years so I need to put yes on both the question? thx.
 

rajkamalmohanram

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Apr 29, 2015
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I have a question. I am going to apply for citizenship ship in few day I just need help to fill out the taxes question. I came in canada in 2018 so my eligibility period of 5 years from today is in 2016 but I arrived In canada in my eligibility period do I need to say yes or no on required to file taxes and yes or no on taxes filed for 2016 and 2017 but I filled taxes for all the reaming three years so I need to put yes on both the question? thx.
Generally, it is YES and YES for all the years you filed taxes for. It is NO and NO for all the years you did not AND was NOT required to file taxes for.