Out of status in Canada during pandemic can it count towards physical presence requirement citizenship

[abdallahraul]

I was out of status for 2 years during pandemic from 2020-2021.
I am currently a pr and if those days counted i would be eligible for my physical presence requirement for citizenship is there any ruling or anything that covers the pandemic that could make those days count towards my physical presence eligibility.

I Have been in Canada 1st as a student from 2007-2012
and then on a work permit from 2012-2019 Nov

I fell out of status 2019 Nov and didn't restore during the 90 day restoration period
I got PR in Sept 2021 but then i left the country for 2 years in April 2022 and i have been back in Canada now since April 2024.

If the time that i was out of status counted i would be able to apply way sooner. I have been here so long 10+ yrs and i would love to spend time back home with my parents for few years, so if there is any chance of applying earlier i would love to take it.

 

[arthurpono]

Can you type your range dates you did not have status?
Can you type your range dates you received your PR and you were in Canada.?

You returned to Canada to 2024 but when did you leave?

 

[YVR123]

I was out of status for 2 years during pandemic from 2020-2021.
I am currently a pr and if those days counted i would be eligible for my physical presence requirement for citizenship is there any ruling or anything that covers the pandemic that could make those days count towards my physical presence eligibility.

I Have been in Canada 1st as a student from 2007-2012
and then on a work permit from 2012-2019 Nov

I fell out of status 2019 Nov and didn't restore during the 90 day restoration period
I got PR in Sept 2021 but then i left the country for 2 years in April 2022 and i have been back in Canada now since April 2024.

If the time that i was out of status counted i would be able to apply way sooner. I have been here so long 10+ yrs and i would love to spend time back home with my parents for few years, so if there is any chance of applying earlier i would love to take it.

I think only time when you have a valid temporary residence status can be count towards citizenship.
(e.g. student, visitor, worker...etc)
So if you lost your status and didn't restore to a visitor before you got your PR, those days cannot be counted.
It's just on my interpretation. So maybe others have more official source to reference to.

 

[abdallahraul]

Can you type your range dates you did not have status?
Can you type your range dates you received your PR and you were in Canada.?
You returned to Canada to 2024 but when did you leave?

Out of status Nov 2019-Sept 2021
Received pr status Sept 2021
Left Canada 1st April 2022
returned to Canada 1st April 2024 till date

 

[scylla]

I was out of status for 2 years during pandemic from 2020-2021.
I am currently a pr and if those days counted i would be eligible for my physical presence requirement for citizenship is there any ruling or anything that covers the pandemic that could make those days count towards my physical presence eligibility.

I Have been in Canada 1st as a student from 2007-2012
and then on a work permit from 2012-2019 Nov

I fell out of status 2019 Nov and didn't restore during the 90 day restoration period
I got PR in Sept 2021 but then i left the country for 2 years in April 2022 and i have been back in Canada now since April 2024.

If the time that i was out of status counted i would be able to apply way sooner. I have been here so long 10+ yrs and i would love to spend time back home with my parents for few years, so if there is any chance of applying earlier i would love to take it.

There is no such ruling. You can only count the days you had valid status in Canada.

 

[scylla]

I was out of status for 2 years during pandemic from 2020-2021.
I am currently a pr and if those days counted i would be eligible for my physical presence requirement for citizenship is there any ruling or anything that covers the pandemic that could make those days count towards my physical presence eligibility.

I Have been in Canada 1st as a student from 2007-2012
and then on a work permit from 2012-2019 Nov

I fell out of status 2019 Nov and didn't restore during the 90 day restoration period
I got PR in Sept 2021 but then i left the country for 2 years in April 2022 and i have been back in Canada now since April 2024.

If the time that i was out of status counted i would be able to apply way sooner. I have been here so long 10+ yrs and i would love to spend time back home with my parents for few years, so if there is any chance of applying earlier i would love to take it.

Based on the dates you've provided and how long you've been out of Canada, looks like you'll qualify to apply around April 2027 (without factoring in time spent outside of Canada for vacations, etc.).

 

[abdallahraul]

There is no such ruling. You can only count the days you had valid status in Canada.

This post by canadavisa says there are exceptional circumstances that judges could consider.

https://www.canadavisa.com/canadian-citizenship-the-1095-day-rule.html

• The applicant's overall pattern of physical presence in Canada indicates that he or she returns home to Canada, and does not merely "pay a visit" to Canada.
• Despite repeated absences, the total number of days absent from Canada are relatively few.
• The physical absence from Canada is caused by a clearly temporary situation such as employment or study abroad for a limited period of time.
• The quality of the applicant's connection with Canada is more substantial than that which exists with any other country, as reflected by the applicant's involvement in Canadian work and business ventures, community organizations, and payment of Canadian income tax."

Wouldn't the fact that i have been here since i was 17yrs(i am 35 now) away from my family count towards quality of connection as mentioned above?

 

[Buletruck]

This post by canadavisa says there are exceptional circumstances that judges could consider.

https://www.canadavisa.com/canadian-citizenship-the-1095-day-rule.html

• The applicant's overall pattern of physical presence in Canada indicates that he or she returns home to Canada, and does not merely "pay a visit" to Canada.
• Despite repeated absences, the total number of days absent from Canada are relatively few.
• The physical absence from Canada is caused by a clearly temporary situation such as employment or study abroad for a limited period of time.
• The quality of the applicant's connection with Canada is more substantial than that which exists with any other country, as reflected by the applicant's involvement in Canadian work and business ventures, community organizations, and payment of Canadian income tax."

Wouldn't the fact that i have been here since i was 17yrs(i am 35 now) away from my family count towards quality of connection as mentioned above?

Considering it's all based on the 5 years preceding the application date, I doubt anytime beyond that would be considered as relevant.

 

[scylla]

This post by canadavisa says there are exceptional circumstances that judges could consider.

https://www.canadavisa.com/canadian-citizenship-the-1095-day-rule.html

• The applicant's overall pattern of physical presence in Canada indicates that he or she returns home to Canada, and does not merely "pay a visit" to Canada.
• Despite repeated absences, the total number of days absent from Canada are relatively few.
• The physical absence from Canada is caused by a clearly temporary situation such as employment or study abroad for a limited period of time.
• The quality of the applicant's connection with Canada is more substantial than that which exists with any other country, as reflected by the applicant's involvement in Canadian work and business ventures, community organizations, and payment of Canadian income tax."

Wouldn't the fact that i have been here since i was 17yrs(i am 35 now) away from my family count towards quality of connection as mentioned above?

You are free to pay the fees and try however expect refusal without having 1095 residency day, regardless of what the above says.

 

[Seym]

This post by canadavisa says there are exceptional circumstances that judges could consider.

As it will probably take years to end up in front of a citizenship judge, with a significant chance of being told "yeah, no, application denied", waiting before applying for citizenship once you accumulate 1095 days may get you to the finish line faster...

 

[Alalac]

This post by canadavisa says there are exceptional circumstances that judges could consider.

https://www.canadavisa.com/canadian-citizenship-the-1095-day-rule.html

• The applicant's overall pattern of physical presence in Canada indicates that he or she returns home to Canada, and does not merely "pay a visit" to Canada.
• Despite repeated absences, the total number of days absent from Canada are relatively few.
• The physical absence from Canada is caused by a clearly temporary situation such as employment or study abroad for a limited period of time.
• The quality of the applicant's connection with Canada is more substantial than that which exists with any other country, as reflected by the applicant's involvement in Canadian work and business ventures, community organizations, and payment of Canadian income tax."

Wouldn't the fact that i have been here since i was 17yrs(i am 35 now) away from my family count towards quality of connection as mentioned above?

You should base our researches on the OFFICIAL GOVERNMENT WEBSITE only.. all other sites are not 100% accurate

 

[arthurpono]

You do not meet the criteria of physical presence. Did you file your taxes during the last 5 years? .

Please take a look to the below link about your permanent residency.

To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=727&top=4