Physical presence (refugee claimants/H&C applicants)

[primax]

Hi, I was thinking of applying for the citizenship this year but I'm not sure if I'm eligible on the physical presence.

Here is my PR timeline :
- Dec 2013 - came to Canada on tourist visa
- March 2014 - made a refugee claim
- end of 2014 - negative decision on the claim (did the appeal right away)
- 2015 - the appeal was denied (applied for judicial review and also submitted PR application under H&C ground)
- Oct 2015 - got the date for the judicial review at federal court
- Dec 2015 - got AIP for the PR application
- Apr 2016 - became PR and withdrew the judicial review

I got my open work permit about 1 month after I made the refugee claim and always renewed it until I became a PR. I've also filed my income tax since 2015 (for 2014 tax year).

I'd like to know if those days before I became a PR will be counted or not.

Thanks.

 

[btbt]

No.

From the page Find out if you're eligible:

If you made a refugee claim, or were included on a family member’s refugee claim, you will not be credited time in Canada from the date of the refugee claim until you have received a positive decision confirming that you are a protected person as described above.
​

You could count the time as a visitor (which counts for half the days), so that's half of 3-4 months.
You can not count your time while your refugee application was being considered or being appealed.

The time you can count is April 2016 to now (2 years, about 720 days) and the 3 to 4 months as a visitor (*1/2 means 45 to 60 days). Total is thus somewhere around 770 days. You do not have sufficient days to apply for citizenship now, as you need at least 1095 days (it's safer to have some margin). You will need to wait a full year to be eligible, as by next year your visitor days will no longer count (as they won't have been in the last five years).

 

[D_8rane]

Hi, I was thinking of applying for the citizenship this year but I'm not sure if I'm eligible on the physical presence.

Here is my PR timeline :
- Dec 2013 - came to Canada on tourist visa
- March 2014 - made a refugee claim
- end of 2014 - negative decision on the claim (did the appeal right away)
- 2015 - the appeal was denied (applied for judicial review and also submitted PR application under H&C ground)
- Oct 2015 - got the date for the judicial review at federal court
- Dec 2015 - got AIP for the PR application
- Apr 2016 - became PR and withdrew the judicial review

I got my open work permit about 1 month after I made the refugee claim and always renewed it until I became a PR. I've also filed my income tax since 2015 (for 2014 tax year).

I'd like to know if those days before I became a PR will be counted or not.

Thanks.

This is very inspiring. My refugee claim was denied too. Will be making an appeal as well or under h&c ground. My 2 year old was born here. What do you mean by “got AIP for the PR application? So you were approved through h&c even before you get the result for judicial review. Thanks