GCMS - RC-8090
- Thread starter canvisa13
- Start date
Hi all, Jan 2024 applicant here. My application is also stuck on physical presence. I applied with around 160 days of NPR time and had an interview with the officer who is not convinced that this physical presence counts since. I entered Canada on a TRV and was on diplomatic status (GAC accreditation) for a UN agency before becoming a PR.
The officer said that time doesn't count as it's not a valid temporary resident status. I sought legal advice and obtained info that this status is indeed valid temporary resident status (per the IRPR, IRPA, CA). Responded to the agent since June and no response to date.
The officer said that time doesn't count as it's not a valid temporary resident status. I sought legal advice and obtained info that this status is indeed valid temporary resident status (per the IRPR, IRPA, CA). Responded to the agent since June and no response to date.
I don't know the answer to this, it's a legal question in a rather obscure area of the law. (Among other things, it could depend what type of position you held / level - it can be that specific).
Best advice to others who haven't applied yet: DON'T count on time with UN orgs in Canada counting towards physical presence. You'd have been better advised to just wait the extra days before applying but what's done is done.
At this point, if you are still in Canada / accumulating days over the 1095 day minimum, you could/should seriously consider applying anew (withdrawing current). Up to you and your lawyer, if you want their advice - I doubt a lawyer could really tell how long it might take to resolve this.
The issue being, obviously, that even if you 'win' on the merits of your point, it could still take longer to get a decision than a new application.
Thanks for this. We've searched everywhere including court cases and could not find any similar instances. By word of mouth, I found one person from another agency in the same boat. However collectively we have around 10 colleagues at different levels who have used up to 365 days on the TRV diplomatic status and have successfully been granted citizenship, some as recently as this May.
I am traveling a lot for work these days so I would prefer not to have to reapply but if it comes to that so be it.
I just thought I'd post here to see if there are others in this situation and to share info that may be helpful to someone else.
I don't know a lot more than some related background. And as I hinted, differences in specifics of cases - as narrow as positions held, which agency, possibly some details of their establishment agreements and the like - they could all make a difference.
It's also possible that in other cases, IRCC staff simply missed the 'diplomatic' aspect. Which properly speaking depends on which type of position held, etc., but you said you had accreditation with GAC (although that doesn't resolve it on its own).
Anyway, I have a bit of familiarity, and I know enough to know it's not an easy question, even for many lawyers.
