VERY IMPORTANT! Please help

[xalam]

Hello,
I plan to file my citizenship application this November.
I wanted to do well and I went to see a lawyer to get his advice.

I became a permanent resident in May 2012, I stayed 4 months before returning to my home country to complete my studies for a period of 5 months. So I came back in February 2013.

The lawyer informs me that I really intend to move to CANADA in February 2013 and I should start counting from this new date!

I'm lost, and I'm not convinced, what do you think?

 

[imran01]

As what i Understand..

u lived in Canada..2012 for 4 months.. May-Aug 12... means 120 days approx..which is less then 183 days.. so you cant count that year in your 4 years.. and if i assume that you didnt file taxes for 2012.. then you cant count this year for tax paid/required 4 years as well.

keep going like that..
2013----183 days completed....file tax
2014.....183 days completed... file tax
2015.... 183 days completed ---file tax
2016--- 183 days completed... No file tax..

so you should be 1 file tax short..if i keep assuming that 2012 you didnt file tax..and you have to wait.. till you file tax for 2016 tax year..in Feb 2017. to fill the 4 year tax file required..

but if you file tax for 2012..i think you should be good.. if your fill the requirement of 1460 days..
the only think in this scenario you have to take police certificate for the country if you spend 183 days cumulative in last 4 years.

if you elaborate your situation more... i think some body explain more in detail..

regards

 

[MR.SUB]

As what i Understand..

u lived in Canada..2012 for 4 months.. May-Aug 12... means 120 days approx..which is less then 183 days.. so you cant count that year in your 4 years.. and if i assume that you didnt file taxes for 2012.. then you cant count this year for tax paid/required 4 years as well.

keep going like that..
2013----183 days completed....file tax
2014.....183 days completed... file tax
2015.... 183 days completed ---file tax
2016--- 183 days completed... No file tax..

so you should be 1 file tax short..if i keep assuming that 2012 you didnt file tax..and you have to wait.. till you file tax for 2016 tax year..in Feb 2017. to fill the 4 year tax file required..

but if you file tax for 2012..i think you should be good.. if your fill the requirement of 1460 days..
the only think in this scenario you have to take police certificate for the country if you spend 183 days cumulative in last 4 years.

if you elaborate your situation more... i think some body explain more in detail..

regards

Hello My friend,
Tax year is still continuing,how can you file Tax.For 2016 ,you have to file Tax in 2017 after getting T4 from your employer.

 

[imran01]

As what i Understand..

u lived in Canada..2012 for 4 months.. May-Aug 12... means 120 days approx..which is less then 183 days.. so you cant count that year in your 4 years.. and if i assume that you didnt file taxes for 2012.. then you cant count this year for tax paid/required 4 years as well.

keep going like that..
2013----183 days completed....file tax
2014.....183 days completed... file tax
2015.... 183 days completed ---file tax
2016--- 183 days completed... No file tax..

so you should be 1 file tax short..if i keep assuming that 2012 you didnt file tax..and you have to wait.. till you file tax for 2016 tax year..in Feb 2017. to fill the 4 year tax file required..

but if you file tax for 2012..i think you should be good.. if your fill the requirement of 1460 days..
the only think in this scenario you have to take police certificate for the country if you spend 183 days cumulative in last 4 years.

if you elaborate your situation more... i think some body explain more in detail..

regards

 

[xalam]

I thank you for your reply,
I meant July 2013, it was a mistake on my part,
2012 tax ok
2013 tax ok
2014 tax ok
2015 tax ok
But since I went out for a total of 5 months between 2012 and 2013 and came back in July, the lawyer does not want to count my stay from May 2012 for the calculation of the residence BUT in July 2013
Because he speaks to me about the date of intention to reside which must coincide with the date of my coming to CANADA to reside there and for me it doesnt
What do you think?

 

[imran01]

what i understand
that you lived here 7 month move back for 5 month for study and came back again and stayed till know...
i dont think any complication in your case please note i am not a lawyer..

but i dont understand y your lawyer have this opinion and frankly i dont understand why you need lawyer for this task (Apply for citizenship) too...

 

[imran01]

I thank you for your reply,
I meant July 2013, it was a mistake on my part,
2012 tax ok
2013 tax ok
2014 tax ok
2015 tax ok
But since I went out for a total of 5 months between 2012 and 2013 and came back in July, the lawyer does not want to count my stay from May 2012 for the calculation of the residence BUT in July 2013
Because he speaks to me about the date of intention to reside which must coincide with the date of my coming to CANADA to reside there and for me it doesnt
What do you think?

u mean to say its not 5 months in one trip... its multiple trip and cumulative to 5 month..

 

[walmzd]

Save your time and money, check the residences calculator and it figures out when you will be eligible to apply.

Hello,
I plan to file my citizenship application this November.
I wanted to do well and I went to see a lawyer to get his advice.

I became a permanent resident in May 2012, I stayed 4 months before returning to my home country to complete my studies for a period of 5 months. So I came back in February 2013.

The lawyer informs me that I really intend to move to CANADA in February 2013 and I should start counting from this new date!

I'm lost, and I'm not convinced, what do you think?

 

[xalam]

Yes it was 2 trips
The fist 40 days in 2012
Second 4 months in 2013

 

[tinam]

Yes it was 2 trips
The fist 40 days in 2012
Second 4 months in 2013

I don't think intent to reside carries weight here. You landed, stayed for 4 months, then stayed out for 5 months which is absolutely legal. Just use the Residence Calculator, fill out your application and send it based on the results...you will be ok. Best wishes!

 

[ajithpl]

Hello,
I plan to file my citizenship application this November.
I wanted to do well and I went to see a lawyer to get his advice.
.......
I'm lost, and I'm not convinced, what do you think?

Either you go with your lawyer to "do well" or accept what others had mentioned and go with your own intellectual knowledge.
I would suggest you just start filling your residential calculator and application forms and you will realize how easy it is.
Good luck!

 

[xalam]

I will send my app without him.. thank you very much for your help

 

[imran01]

welcome..good luck.

 

[imran01]

just keep in mind...dont leave any section without filling...if it is not applicable to you.. write with ink... N/A..
but not leave any think blank