I have the same problem … How do I include implied status while waiting for a postgraduate work permit? Is the implied status considered a temporary worker, or should I add only the date when I receive the work permit for physical presence calculations? Please help me …
Implied status is valid status.
While implied status is, at least in a sense "
valid" status, it mostly means the FN in Canada can continue to lawfully remain in Canada as if they still have status pending a formal grant of an extension, or an additional grant of the same or another status. For purposes of what counts as having Temporary Resident Status given credit toward meeting the actual physical presence requirement for a grant of citizenship,
the tricky part can be documenting the applicant actually had temporary resident status during such period of time. In this regard it is worth noting that not all implied status periods are equally documented in an immigration client's GCMS records.
Remember, to count as days physically present in Canada not only requires being actually physically present in Canada with temporary resident status,
but also PROVING both, the presence AND the status. Generally, proving status is hardly given any thought, almost none at all; it is rarely an issue because IRCC readily verifies the applicant's information (assuming it is correct), as to status and the dates the applicant had such status, in the applicant's GCMS records.
Sometimes, however, presence in Canada with valid pre-PR status is not documented in the client's GCMS records. For example, this can be the case for some visitors with visa-exempt passports who have been waived into Canada without being issued a visa or Visitor-Record. It also appears to pose an issue for some applicants relying on implied status, their status not documented in their GCMS for some or all of the period they remained in Canada with implied status.
In some situations, where during the initial screening of the citizenship application for completeness the GCMS records do not document the applicant's status for a period of time, there are numerous anecdotal reports that IRCC has not counted (given credit to) those days, and if that results in total credit for less than 1095, returned the application as incomplete based on not meeting the physical presence requirement.
In addition to many examples in other threads, see for example post #32 in this thread, posted back in July by
@SpiritualWonderBoy; note that the approach employed by
@SpiritualWonderBoy, getting the application accepted as complete for processing on the third try with a letter of explanation, MIGHT or MIGHT
NOT work in the long-run. Last I saw, the application is still pending.
I addressed this in-depth in post #33 above. Concluding:
For most, the easy approach is to just wait to apply, recognizing that each day here now will get credit offsetting two days pre-PR. For most the difference between what is readily verified as days with temporary resident status, in GCMS, and a period GCMS does not verify but the applicant is sure they had legal status, is small enough that waiting is not only the more sure approach, but overall is likely to be the faster overall path to taking the oath (presence questions are bound to cause non-routine processing resulting in significantly longer processing timelines).
What I did not address there, but have in several other discussions, is that if the applicant is confident they had valid implied status, best to still wait to apply without relying on credit for that period, but STILL INCLUDE this period in the physical presence calculation . . . think of it as having an additional margin, a bigger buffer, noting that the prudent applicant will wait to apply with a good buffer anyway.
Example: a PR relying on pre-PR credit including 29 days credit with implied status (based on 58 days presence in Canada with implied status), would be prudent to wait until they have at least 1125 days credit (thus including a comfortable buffer; many in the forum believe just a 10 day buffer is enough) NOT COUNTING the days with implied status, and then apply including the days in Canada with implied status, so they are applying with a total 1154 days credit . . . then, even if IRCC does not count the 29 days with implied status, there are enough days to qualify, no problem (and way less risk of RQ-related non-routine processing delays down the road).
I do not play with the physical presence calculator enough these days to confidently describe how to enter the information. It is mostly straight-forward, using a separate entry stating the period for each period of status, the "
from" date obviously the date that status began, the "
to" date being either the date the actual grant of status is set to expire and did expire, or an earlier date if that period of status was replaced by another, so then ending on the date the new status started. Thus, for example, if someone has implied status bridging the period beginning the date one grant of status expires, that should be reported as a separate period of status, such as "
implied student status" (or visitor or whatever is applicable), FROM the first day following the expired status and TO the day prior to the next day for which there is a grant of status. Again, each period of status to be reported separately, based on the particular FROM - TO date for that period with that status.
