Bill C-6 has passed

Old Jun 25th 2017, 9:52 am
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Default Re: Bill C-6 has passed

Originally Posted by PB65 View Post
Still I assume only an immigration consultants wizard (CICNEWS ?)though and their interpretation of C6 not the official CIC physical presence calculator which is the only one that counts ?
Nope,the actual CIC physical presence calculator, on their website, linked to the citizenship application, the gen-u-ine article . I don't use immigration consultants' interpretations - its a sure way to find yourself up the creek at worst or disappointed at best.
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Old Jun 25th 2017, 9:55 am
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Default Re: Bill C-6 has passed

Originally Posted by Stinkypup View Post
https://www.canada.ca/en/immigration...alassent0.html

I am not sure that it is going to be hugely different to the current CIC one...just with the necessary adjustments as per C6 detailed above
Agreed although there seem to be various debates going on about the pre_PR days (730 half days) now included in C6 such as how far back can you claim that.

Some say only 5 years back from application date based on 3/5 to have 1 year pre-PR and 2 post PR. Some say any time period in the past almost implying any time you like back to birth with a qualifying status.

The CICNEWS calculator seems to assume the latter maybe they are right maybe wrong thats all as the CIC information is not currently specific on that unless anyone has a specific statement on the pre-PR validity.
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Old Jun 25th 2017, 2:54 pm
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Default Re: Bill C-6 has passed

Originally Posted by PB65 View Post
Agreed although there seem to be various debates going on about the pre_PR days (730 half days) now included in C6 such as how far back can you claim that.

Some say only 5 years back from application date based on 3/5 to have 1 year pre-PR and 2 post PR. Some say any time period in the past almost implying any time you like back to birth with a qualifying status.

The CICNEWS calculator seems to assume the latter maybe they are right maybe wrong thats all as the CIC information is not currently specific on that unless anyone has a specific statement on the pre-PR validity.
The full bill can be read here: http://www.parl.ca/DocumentViewer/en.../third-reading
What CICNEWS has is pretty much been copy-pasted, so I guess we will have to see what CIC's official interpretation is.

I think it would be a huge headache if they were looking at anything longer than the past 5 years... So I personally think that it'll probably be 2 years of PR plus up to a year of additional time with Canada status before that (temporary residence = working & student visas, etc, right? Not visitors?) within that 5 year window.
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Old Jun 25th 2017, 3:40 pm
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Default Re: Bill C-6 has passed

Originally Posted by PB65 View Post
Agreed although there seem to be various debates going on about the pre_PR days (730 half days) now included in C6 such as how far back can you claim that.

Some say only 5 years back from application date based on 3/5 to have 1 year pre-PR and 2 post PR. Some say any time period in the past almost implying any time you like back to birth with a qualifying status.

The CICNEWS calculator seems to assume the latter maybe they are right maybe wrong thats all as the CIC information is not currently specific on that unless anyone has a specific statement on the pre-PR validity.
If you look at the official CIC website (new legislation link), it states:
Applicants must be physically present in Canada for three out of five years before applying for citizenship
and
Applicants may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days.
As I've always understood it (i.e. before they changed it in 2015) if you were on a TWP for 2 years, then became a PR 2 years ago, you would be able to apply under the new legislation at the end of your 2nd year of PR (rather than having to wait another year). You can only count 50% of the time you were legally here (pre-PR) so in order to gain 1 year credit for pre-PR (which is the maximum you can claim) you would have had to be here for 2 years.

To summarise, if in the last 5 years you were on a TWP for 2 years and a PR for 2 years, those years would add to the minimum requirement to apply for Citizenship. As far as I am aware, it's only the past 5 years that is counted.

Hope that helps

Edited to add, I would only use the official Citizenship calculator which can be found here: https://eservices.cic.gc.ca/rescalc/...ew.do?&lang=en

The basis now for obtaining Citizenship is that only the past 6 years is counted (you can see this on the link above); one would presume the only change that will be made is a) the length of time and b) that pre-PR status can be counted, up to a maximum. See also Q2 here: https://eservices.cic.gc.ca/rescalc/...BF51?redir=faq

Last edited by Siouxie; Jun 25th 2017 at 3:52 pm.
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Old Jun 26th 2017, 4:04 am
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Default Re: Bill C-6 has passed

We're now eligible to apply for Citizenship as of mid-July (2 years PR, 2.5 TWP), however we're moving back to the UK at the end of July. Seems like the new legislation isn't going to be taken into account until the autumn. Is it worth applying anyway? Can we go through the process whilst in the UK? - it's in theory a temporary move (for a one year MA), but have no idea whether we'll return to Canada afterwards. If I had known about the changes to citizenship I might have pushed to stay here longer.

Should I contact an immigration lawyer?
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Old Jun 26th 2017, 5:31 am
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Default Re: Bill C-6 has passed

Originally Posted by biggayowl View Post
We're now eligible to apply for Citizenship as of mid-July (2 years PR, 2.5 TWP), however we're moving back to the UK at the end of July. Seems like the new legislation isn't going to be taken into account until the autumn. Is it worth applying anyway? Can we go through the process whilst in the UK? - it's in theory a temporary move (for a one year MA), but have no idea whether we'll return to Canada afterwards. If I had known about the changes to citizenship I might have pushed to stay here longer.

Should I contact an immigration lawyer?
There would be no point in contacting an Immigration Lawyer/Consultant.

If you still qualify for Citizenship when the rules change (3 years out of 5 plus all relevant proof etc)., then I think you could apply regardless, however, you would need to be available for your Citizenship test and ceremony - possibly at short notice. Hopefully someone else can confirm this or tell me I am talking rubbish!

Can I leave Canada after I mail my citizenship application?

Can I leave Canada after I mail my citizenship application?
Yes. You can leave Canada while we process your application.

If you need to leave Canada and want to stay eligible for Canadian citizenship, you must:

make sure that you live in Canada long enough to keep your Permanent Resident (PR) status
be a permanent resident (when you apply)
not lose PR status before you take the Oath of Citizenship
bring your PR card with you when you leave Canada so you can return easily
There's more, so do have a read of the link.

Theoretically, you could print out the application etc., sign it and perhaps ask someone to mail it for you?

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Old Jun 27th 2017, 4:43 am
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Default Re: Bill C-6 has passed

Originally Posted by Siouxie View Post
There would be no point in contacting an Immigration Lawyer/Consultant.

If you still qualify for Citizenship when the rules change (3 years out of 5 plus all relevant proof etc)., then I think you could apply regardless, however, you would need to be available for your Citizenship test and ceremony - possibly at short notice. Hopefully someone else can confirm this or tell me I am talking rubbish!

Can I leave Canada after I mail my citizenship application?

Can I leave Canada after I mail my citizenship application?
Yes. You can leave Canada while we process your application.

If you need to leave Canada and want to stay eligible for Canadian citizenship, you must:

make sure that you live in Canada long enough to keep your Permanent Resident (PR) status
be a permanent resident (when you apply)
not lose PR status before you take the Oath of Citizenship
bring your PR card with you when you leave Canada so you can return easily
There's more, so do have a read of the link.

Theoretically, you could print out the application etc., sign it and perhaps ask someone to mail it for you?

Thanks for the info. I think we should still qualify up until next February. I may be wrong though.

Getting a friend to post our application at the point the rules change seems like the way to go.

I'll look into processing times, but returning at short notice would be worth it despite the cost and minor inconvenience.
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Old Jun 27th 2017, 5:14 am
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Default Re: Bill C-6 has passed

You won't be able to fill in the forms till the new rules come into effect as new forms will be produced then.
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Old Jun 27th 2017, 6:44 am
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Default Re: Bill C-6 has passed

Originally Posted by biggayowl View Post
Thanks for the info. I think we should still qualify up until next February. I may be wrong though.

Getting a friend to post our application at the point the rules change seems like the way to go.

I'll look into processing times, but returning at short notice would be worth it despite the cost and minor inconvenience.
You are most welcome! Do bear in mind though the part that says 'must maintain PR status until the Oath of Citizenship is taken' - which, going by present processing times (12 months), will likely take you well past February. When would your 5 year anniversary of gaining PR be? Will you be able to meet the rolling '2 in 5' for maintaining PR status?

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Old Jun 28th 2017, 3:38 pm
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Default Re: Bill C-6 has passed

Originally Posted by Siouxie View Post
You are most welcome! Do bear in mind though the part that says 'must maintain PR status until the Oath of Citizenship is taken' - which, going by present processing times (12 months), will likely take you well past February. When would your 5 year anniversary of gaining PR be? Will you be able to meet the rolling '2 in 5' for maintaining PR status?

5 year anniversary will be july 15 2020. we'll scrape through on the two in five should we leave at the end of july this year and not return.

we have 2.5 years of twp i'd like to make the most of. we have two canadian born kids, so trying to future proof in case they decide to live here one day.
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Old Aug 8th 2017, 7:02 pm
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Default Re: Bill C-6 has passed

Any idea when C-6 will take effect ?

I'm looking at the Citizenship application checklist. CIT 0407 Presence Calculator is listed, which I don't meet the criteria. Under C-6 I'm eligible, if I apply now I'd be rejected using CIT 0407 ?
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Old Aug 8th 2017, 7:21 pm
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Default Re: Bill C-6 has passed

Originally Posted by Hindsight View Post
Any idea when C-6 will take effect ?

I'm looking at the Citizenship application checklist. CIT 0407 Presence Calculator is listed, which I don't meet the criteria. Under C-6 I'm eligible, if I apply now I'd be rejected using CIT 0407 ?
I think we've still only been given the vague "Fall 2017" date at the moment.

https://www.canada.ca/en/immigration...alassent0.html
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Old Aug 8th 2017, 8:03 pm
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Default Re: Bill C-6 has passed

I'm waiting for the new rules to kick in - we arrived on 26th October 2013 as TFWs and flagpoled as PRs on 12th September 2015 (total = 686 days, equals 343 days @ 50%), which means we need 752 days of PR plus time spend abroad since we first arrived in Canada as TFWs (about 3 weeks total, nearly all since PR).

I calculate that means we can apply for Citizenship by November this year, providing they change the law by then.

Last edited by withabix; Aug 8th 2017 at 8:05 pm.
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