Bill C-6 and Taxes

[Ottawa8816]

So, I lived in Canada from 2005-2008 (as a student). I became a PR last year. According to the new rules that come into effect later this year, I can count that time I lived here before getting PR and get one year.

Fall 2017
C-6: "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"

Therefore, instead of waiting 3-years to apply for citizenship, I only have to wait 2-years because I will count the time I lived here From 2005-2008.

However, to apply for citizenship, I need 3 years worth of tax returns!

C-6: Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for three out of five years, matching the new physical presence requirement.

Therefore, I still have to wait 3-years (because I will only have 2-years of tax returns)?

 

[itsmyid]

You won't be able to claim that credit since that was more than 5 years ago, you will still have to be PR for at least 3 years before you can apply, but on the bright side, you don't need to worry about the tax because of this

 

[_MK_]

As the above poster said, you can only count time spent as temporary resident if they fall within the last 5 years. In your case you will need full 3 years before you can apply. This has been discussed to death.

 

[Siar]

So, I lived in Canada from 2005-2008 (as a student). I became a PR last year. According to the new rules that come into effect later this year, I can count that time I lived here before getting PR and get one year.

Fall 2017
C-6: "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"

Therefore, instead of waiting 3-years to apply for citizenship, I only have to wait 2-years because I will count the time I lived here From 2005-2008.

However, to apply for citizenship, I need 3 years worth of tax returns!

C-6: Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for three out of five years, matching the new physical presence requirement.

Therefore, I still have to wait 3-years (because I will only have 2-years of tax returns)?

Only counts the physical presence time that is comprised in the 5 years immediately preceding the date you will sign the application form. For instance, if you intend to sign your form 2 years from now (e.g. Sept 2019) you can only consider physical presence as no-PR since sept 2014.

 

[Bahamas]

Where does it specify 5-years?

 

[itsmyid]

Where does it specify 5-years?

Think about it this way : if someone has become a PR since 2006, and lived in Canada from 2006-2011, then lived outside of Canada from 2012-2014, moved back to Canada in 2015, if he wants to apply for citizenship, he would have to stay in Canada for 2015-2017 under C-6

Apparently he can't claim any credit for his post PR time from 2006-2011, because that's outside the 5-year window

Now here is the question: if a PR can't claim any credit that's from more than 5 years ago , does it make sense for anyone to claim half credit for pre-PR time from more than 5 years ago?

 

[Bahamas]

Think about it this way : if someone has become a PR since 2006, and lived in Canada from 2006-2011, then lived outside of Canada from 2012-2014, moved back to Canada in 2015, if he wants to apply for citizenship, he would have to stay in Canada for 2015-2017 under C-6

Apparently he can't claim any credit for his post PR time from 2006-2011, because that's outside the 5-year window

Now here is the question: if a PR can't claim any credit that's from more than 5 years ago , does it make sense for anyone to claim half credit for pre-PR time from more than 5 years ago?

Thanks for the response. Where in law or policy does it say 5-years?

 

[itsmyid]

Thanks for the response. Where in law or policy does it say 5-years?

Somewhere in the middle of the bill, the section about residency requirement, it is not that hard to find

 

[Bahamas]

Somewhere in the middle of the bill, the section about residency requirement, it is not that hard to find

I am unable to find where it says previous time spent must be in the past 5-years.

Can anyone assist?

The citizenship calculator on this forums law firm website also does not agree. Put in a time more than 5-years ago and it says your eligible after two years.

Try it: https://www.canadavisa.com/canadian-citizenship-eligibility-calculator.html

 

[itsmyid]

I am unable to find where it says previous time spent must be in the past 5-years.

Can anyone assist?

The citizenship calculator on this forums law firm website also does not agree. Put in a time more than 5-years ago and it says your eligible after two years.

Try it: https://www.canadavisa.com/canadian-citizenship-eligibility-calculator.html

Well, you don't send your application to candavisa.com, do you? It doesn't get tax payers' money to create an accurate calculator, and it doesn't get into any lawsuit if it is wrong.

Here is what the bill said:
(2) Subparagraph 5(1)‍(c)‍(i) of the Act is replaced by the following:

(i) been physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application, and