+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
AdUnit Name: [Header]
Enabled: [No],   Viewed On: [Desktop],   Dimensions: [[728,90],[300,250],[970,250]]
CampaignId: [/22646143967/candadavisa/ForumHeaderGeneric],
forumSection: Settlement in Canada, subForumSection: Citizenship
AdUnit Name: [ForumThreadViewRightGutter]
Enabled: [Yes],   Viewed On: [Desktop],   Dimensions: [[300,250],[300,600]]
CampaignId: [/22646143967/candadavisa/ForumThreadViewRightGutter],
forumSection: Settlement in Canada, subForumSection: Citizenship
AdUnit Name: [AboveMainContent]
Enabled: [Yes],   Viewed On: [Desktop],   Dimensions: [[728,90],[970,250],[300,250]]
CampaignId: [/22646143967/candadavisa/ForumHeaderGeneric],
forumSection: Settlement in Canada, subForumSection: Citizenship

phoebengn

Full Member
May 23, 2016
32
5
Hi all,
1. Under the new law, my husband meets the residency requirements to apply for Canadian citizenship. However, the forms from CIC site have not been updated. Can he use the current forms? Or when should he expect the new forms to be released?
2. I am a permanent resident. If my husband and son have Canadian citizenships and we stay outside Canada for our business, does it count toward my residency days to apply for Canadian citizenship? How often do I have to come back to Canada to maintain my status?
Thank you so much!
 
Last edited:
1. Under the new law, my husband meets the residency requirements to apply for Canadian citizenship. However, the forms from CIC site have not been updated. Can he use the current forms? Or when should he expect the new forms to be released?

Current law, which was implemented just a little over two years ago (June 11, 2015) requires a minimum 1460 days presence within the preceding 6 years, and a minimum of 4 calendar years during which the applicant was physically present 183 days or more. Forms at IRCC website have long been updated consistent with these requirements.

Legislation adopted in June of this year will change these requirements, and implement a 3/5 rule, so that a PR will be eligible for citizenship if the PR has been physically present in Canada at least 1095 days within the preceding five years, and which will allow credit for pre-PR time spent in Canada during the relevant five year period (at a half day credit rate, up to a maximum of 365 days credit for pre-PR time).

However, this change has not come into force yet and the date it will come into force remains uncertain. IRCC has stated it expects this will take effect sometime this FALL.

The current forms online will continue to apply until these later changes take effect. While IRCC is likely to give advance notice about when that change will take place, by at least a week or month, it is NOT likely a new presence calculator or new forms will be available until the day those changes actually take effect.

2. I am a permanent resident. If my husband and son have Canadian citizenships and we stay outside Canada for our business, does it count toward my residency days to apply for Canadian citizenship?

No. With some very narrow exceptions, only days actually physically present in Canada will count toward meeting the requirements for grant citizenship.

How often do I have to come back to Canada to maintain my status?

There is currently an exception to the PR Residency Obligation (requiring presence in Canada for at least two in every five years) which allows the spouse of a Canadian citizen to be given credit for days abroad while the PR is accompanying his or her Canadian citizen spouse. This has been interpreted and applied in a way that gives the credit to a PR who is cohabiting with the PR's Canadian citizen spouse while they are abroad together. Thus, as long as you are living with your Canadian citizen spouse, there is no requirement to return to Canada in order to keep PR status.

Such laws are always subject to change, so for those abroad long-term it is prudent to stay informed about the law.

The fact you have a child who is a Canadian citizen does not provide a credit. The credit toward time in Canada is only for time spent living abroad with a Canadian citizen spouse.

(PR dependents living with a Canadian citizen parent also get a credit for time living with the citizen parent. This credit does not work the other way, a PR parent does not get any credit for living with a Canadian citizen child.)
 
  • Like
Reactions: vancouverbc2013
current forms are ok, make sure you calculate and no need to wait for c6 forms this is perfect time to apply before flood of apps arive on day 1 c6 implemented.
 
current forms are ok, make sure you calculate and no need to wait for c6 forms this is perfect time to apply before flood of apps arive on day 1 c6 implemented.

Why so ?
if online physical calculator is saying you have not completed 1460 days , no use to send the form to CEC , they are going to reject it.
How ever no harm in collecting the relevant document till website updates
 
Why so ?
if online physical calculator is saying you have not completed 1460 days , no use to send the form to CEC , they are going to reject it.
How ever no harm in collecting the relevant document till website updates

i am replying to op who i guess completed 1460 but hesitates to apply because he thinks he must wait c6 to be effective which is not the case.
 
i am replying to op who i guess completed 1460 but hesitates to apply because he thinks he must wait c6 to be effective which is not the case.

No OP said " Under the new law, my husband meets the residency requirements to apply for Canadian citizenship. However, the forms from CIC site have not been updated." which means under new law her husband meets requirement not Old
 
No OP said " Under the new law, my husband meets the residency requirements to apply for Canadian citizenship. However, the forms from CIC site have not been updated." which means under new law her husband meets requirement not Old

References to "new law" and "old law" are ambiguous. The Bill C-24 changes took effect only a little over two years ago after what has often been referred to as the "old law" had governed citizenship requirements for nearly four decades. Hundreds of references to the "new law" in this forum refer to the Bill C-24 4/6 requirements.

References to "residency requirements" only apply to the 3/4 rule under what has, likewise, been referred to hundreds of times here as the "old law," to applications made prior to June 11, 2015. Current law and the changes expected to take effect this fall impose a presence requirement, not a residency requirement.

Nonetheless, the OP's query is probably in reference to meeting the presence requirements under the Bill C-6 changes, the legislation which received Royal Assent just this past June but which will not take effect until sometime later, presumably but not necessarily sometime this year (again, all IRCC has said about this is that the changes are "expected" to take effect this "fall"). This is the 3/5 rule which I also addressed in my earlier post above.

However, since the OP referred to meeting the requirements in the present tense, and to a "residency" requirement, to be clear a response based on the current law was warranted.

It is easy to guess that the OP is aware that Bill C-6 was adopted and is law, but was not aware that the presence requirement changes are not yet in effect. It is thus easy to assume the OP's query is about the Bill C-6 requirements.

BUT this and other forums are rife with definitive advice based on similar assumptions, and while that works for most queries it can be blatantly and sometimes dangerously wrong for some.

Among the more notorious and damaging examples of commonly given bad advice is that many queries about needing a passport to apply for citizenship were affirmatively answered (not just in this forum but apparently by more than a few call centre representatives as well), "yes" the applicant should have and submit a copy of the biographical pages of a valid passport when making a citizenship application, and the checklist calls for this. Unfortunately this was really bad advice for anyone who was a refugee or protected person, for whom just obtaining a home country passport establishes a presumption of reavailment, and that is grounds for cessation of refugee or protected person status, which since 2012 automatically terminates PR status and renders the individual ineligible for citizenship, subject to deportation, no matter how long they have lived in Canada, no H&C relief available. That is, many times advice was given in this forum which, if followed, could have led to the loss of status in Canada altogether (and recent media reports indicate there are at least 393 individuals who applied for citizenship but whose application is now suspended pending cessation proceedings pursuant to which they will be denied citizenship and lose their PR status).

That is far from the only example.

Not every query in the forum demands the more careful, expansive response taking into consideration lurking pitfalls, tricky nuances, and latent vagaries in highly variable individual circumstances. Even if the query entails ambiguities. Some do, however, and particularly if the discussion is one which is more likely to be read for information by the much larger pool of those who read these topics without participating, among whom many are looking for information which will help them better navigate their own cases.

When the law changes, particularly when there are substantial changes, and especially when there are multiple changes within relatively short periods of time, the potential for confusion, misunderstanding, and outright error is much higher. Bill C-6 introduces a major change to the requirements for grant citizenship and does so in less than three years since the previous major changes implemented pursuant to Harper's Bill C-24 . . . compared to no more than minimal substantive changes in the grant citizenship requirements for adults for the previous three-plus decades. An elevated degree of caution and care is called for in addressing queries about these requirements during the transition period.
 
AdUnit Name: [BelowMainContent]
Enabled: [No],   Viewed On: [Desktop],   Dimensions: [[728,90],[300,250]]
CampaignId: [/22646143967/candadavisa/ForumHeaderGeneric],
forumSection: Settlement in Canada, subForumSection: Citizenship
AdUnit Name: [Footer]
Enabled: [No],   Viewed On: [Desktop],   Dimensions: [[728,90],[300,250]]
CampaignId: [/22646143967/candadavisa/ForumHeaderGeneric],
forumSection: Settlement in Canada, subForumSection: Citizenship