Calculating days for citizenship

[shayanmubarak1]

Hi Everyone!

I need some help in a technical aspect for calculating my physical presence in Canada. I arrived in Canada in August of 2016 as an international student on study permit. I applied for assylum in oct 2016 and got accepted by court as a protected person in June of 2017.I got my PR in February of 2019.My question is that the period from August 2016 to June 2017 is counted as half day for my citizenship application or not?

Please advise. Any help on this is much appreciated.

Thanks!

 

[Das67]

Hi ,
All I can say is that, when you applied for asylum in oct 2016 you ceased to be a studen and you cannot claim any day you were waiting for your hearing and acceptance. In one word you cannot claim the time between oct 2016 and june 2017. You can start claiming any day you were accepted as protected persone and before applying for asylum ( in your case studen).

 

[shayanmubarak1]

Thanks for your reply .I just reviewed a section on refugee claimant and I think that period from August 2016 to June 2017 should be counted. That section says :

Most refugee claimants have no legal status in Canada, but are allowed to remain in the country while waiting for the determination of their claim. They are usually subject to an unenforceable removal order. They cannot take advantage of the exemption from the requirement for a study permit in the case of a short-term course or program of study [R188(1)(c)], since the course or program of study in such cases would need to be completed within the period of authorized stay—which is non-existent for them.

However, pursuant to R215(1)(d) and R215(2)(d), they and their family members may apply for a study permit after entering Canada if they are subject to an unenforceable removal order. In order to do so, they must meet the requirements of R216(1), which is usually possible by virtue of R216(2).

Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. These persons may therefore attend a short-term course of study without a permit so long as they complete the course within the period of their authorized stay.

Here is the link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html

Thanks!

 

[Das67]

Thanks for your reply .I just reviewed a section on refugee claimant and I think that period from August 2016 to June 2017 should be counted. That section says :

Most refugee claimants have no legal status in Canada, but are allowed to remain in the country while waiting for the determination of their claim. They are usually subject to an unenforceable removal order. They cannot take advantage of the exemption from the requirement for a study permit in the case of a short-term course or program of study [R188(1)(c)], since the course or program of study in such cases would need to be completed within the period of authorized stay—which is non-existent for them.

However, pursuant to R215(1)(d) and R215(2)(d), they and their family members may apply for a study permit after entering Canada if they are subject to an unenforceable removal order. In order to do so, they must meet the requirements of R216(1), which is usually possible by virtue of R216(2).

Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. These persons may therefore attend a short-term course of study without a permit so long as they complete the course within the period of their authorized stay.

Here is the link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html

Thanks!

Thanks for your reply .I just reviewed a section on refugee claimant and I think that period from August 2016 to June 2017 should be counted. That section says :

Most refugee claimants have no legal status in Canada, but are allowed to remain in the country while waiting for the determination of their claim. They are usually subject to an unenforceable removal order. They cannot take advantage of the exemption from the requirement for a study permit in the case of a short-term course or program of study [R188(1)(c)], since the course or program of study in such cases would need to be completed within the period of authorized stay—which is non-existent for them.

However, pursuant to R215(1)(d) and R215(2)(d), they and their family members may apply for a study permit after entering Canada if they are subject to an unenforceable removal order. In order to do so, they must meet the requirements of R216(1), which is usually possible by virtue of R216(2).

Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. These persons may therefore attend a short-term course of study without a permit so long as they complete the course within the period of their authorized stay.

Here is the link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html

Thanks!

Once again, you cannot claim those days. I am a protected person myself and just applied for citizenship. Read your first sentence from your reply.
Most refugee claimants have no legal status in Canada but are allowed to remain in the country while waiting for the determination of their claim.
you are authorized to stay in Canada, work even study but you cannot claim those days for citizenship ( you are in loophole).
Below is a note from the citizenship application form CT0002E ( you can download it and have a look yourself) question 9b.
Note: If you were issued work permit or study permits while your refugee claim and/or pre-Removal Risk Assessment (PRRA) was being assessed, these documents did not grant you Temporary Resident status. You cannot claim Temporary Resident time for those periods.
another note from citizenship application form CT0002E :
Note: If you are claiming time as a protected person, the only time allowed is the time from when you received a positive Protected Person decision on your refugee claim or PRRA application until the day before you became a Permanent Resident.
If you claim those days they are just going to take it away from you during your interview and you will end up with less day, as it's clearly stated in the application.

Good luck

 

[shayanmubarak1]

Once again, you cannot claim those days. I am a protected person myself and just applied for citizenship. Read your first sentence from your reply.
Most refugee claimants have no legal status in Canada but are allowed to remain in the country while waiting for the determination of their claim.
you are authorized to stay in Canada, work even study but you cannot claim those days for citizenship ( you are in loophole).
Below is a note from the citizenship application form CT0002E ( you can download it and have a look yourself) question 9b.
Note: If you were issued work permit or study permits while your refugee claim and/or pre-Removal Risk Assessment (PRRA) was being assessed, these documents did not grant you Temporary Resident status. You cannot claim Temporary Resident time for those periods.
another note from citizenship application form CT0002E :
Note: If you are claiming time as a protected person, the only time allowed is the time from when you received a positive Protected Person decision on your refugee claim or PRRA application until the day before you became a Permanent Resident.
If you claim those days they are just going to take it away from you during your interview and you will end up with less day, as it's clearly stated in the application.

Good luck

This is quite confusing. I guess this does not apply to me "If you were issued work permit or study permits while your refugee claim and/or pre-Removal Risk Assessment (PRRA) was being assessed, these documents did not grant you Temporary Resident status. You cannot claim Temporary Resident time for those periods. " because I was not issued work/study permit as a refugee claimant. I had study permit before coming to Canada. This is different from being granted work/study permit after applying for refuge status.
Let's say if my refugee claim was not accepted, I would have remained a temporary resident till my work/study permit has expired and by that logic I retained my temporary resident status till I got status of protected person.
Here the question is whether a person lose existing temporary resident status after applying for refugee claim and this answers that question :
Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. These persons may therefore attend a short-term course of study without a permit so long as they complete the course within the period of their authorized stay.

If you are claiming time as a protected person, the only time allowed is the time from when you received a positive Protected Person decision on your refugee claim or PRRA application until the day before you became a Permanent Resident.
I won't be claiming time as protected person and I will claim it as international student.

 

[Das67]

This is quite confusing. I guess this does not apply to me "If you were issued work permit or study permits while your refugee claim and/or pre-Removal Risk Assessment (PRRA) was being assessed, these documents did not grant you Temporary Resident status. You cannot claim Temporary Resident time for those periods. " because I was not issued work/study permit as a refugee claimant. I had study permit before coming to Canada. This is different from being granted work/study permit after applying for refuge status.
Let's say if my refugee claim was not accepted, I would have remained a temporary resident till my work/study permit has expired and by that logic I retained my temporary resident status till I got status of protected person.
Here the question is whether a person lose existing temporary resident status after applying for refugee claim and this answers that question :
Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. These persons may therefore attend a short-term course of study without a permit so long as they complete the course within the period of their authorized stay.

When you made your claim you signed a document stating that if you are not accepted in Canada as a protected person you will be removed from Canada.
if you were not accepted in Canada as a protected person, you will have not stayed as a student, they will have canceled your student permit and send you back home as you sign a paper for it ( I know because I did sign a paper saying it in 2016 when I applied). For your case whatever status you had before once you made your claim technically that temporary status ceased to exist the day you made your claim, you are not a student anymore but refugee claimant and you are in a loophole until you are accepted as a protected person.
You can still apply for citizenship if you think you have 1095 days and see but I will not risk it, especially if you are counting on those days to have 1095 days.

Good luck

 

[Das67]

I won't be claiming time as protected person and I will claim it as international student.

This is very wrong, your status ceased ( technically speaking) to be an international student the days you made your claim.Once you have been accepted as a protected person the only temporary time you can claim is a protected person from the day you were accepted until you get your pr. I agreed you can claim any temporary time you have before making your claim. Your pr card has a code behind it and that code says under which program you were accepted.
claiming a temporary time as a student after you were accepted as a protected person will contradict what your pr says.

 

[shayanmubarak1]

Thank you. You are right. I read an example(mentioned below) and it fully clarified my confusion.
There is one thing if you can help me to understand. I came to Canada on 23rd of August and went to IRCC office in October some time and they asked me to come again on December 6th 2016.They then gave me refugee claimant document on December 6th 2016.Does it mean I can count time as an international student from 23rd of August to December 6th 2016 or to that day sometime in October 2016 when I went first time in their office?

Many thanks

Here is that example which proves your point:

An applicant entered Canada for the first time as an authorized temporary resident on April 1, 2012, and maintained authorized temporary resident status until March 31st, 2015. The client made a refugee claim on April 1st, 2015 and was granted protected person status on August 16, 2015, and then was lawfully admitted to Canada as a permanent resident on January 1, 2016. The client signed the citizenship application on April 1, 2018.

The five-year period begins on April 1, 2013; no period before that date is applicable to the calculation of physical presence.

In this case, the applicant has accumulated the maximum 365 days of physical presence as an authorized temporary resident and protected person before becoming a permanent resident. The applicant has also accumulated 821 days of physical presence after lawful admission as a permanent resident.

• NPR = April 1, 2013
• PR = April 1, 2016
• NPR Absence = March 1- 31, 2014 (29 days) + December 15-31, 2014 (15 days)
• Ineligible NPR time = April 1, 2015 to August 15, 2015 (137 days)
• Date of application = April 1, 2018
• Calculation: Physical presence = 365 NPR days + 821 PR days = 1186 days of physical presence

Breakdown:

NPR

• 01APR2013 to 31MAR2014 = 365
• 01APR2014 to 31MAR2015 = 365
• 01APR2015 to 31DEC2015 = 275
• 365 + 366 + 275 = 1005 days
• 1005 days - 44 days absent – 137 ineligible NPR days = 824 NPR
• 824 NPR x 0.5 = 412

Maximum NPR = 365

PR

• 01JAN2016 to 31MAR2016 = 91
• 01APR2016 to 31MAR2017 = 365
• 01APR2017 to 31MAR2018 = 365
• 91 + 365 + 365 = 821 days

Physical Presence = 365 + 821 = 1186 days physical presence

 

[Das67]

Thank you. You are right. I read an example(mentioned below) and it fully clarified my confusion.
There is one thing if you can help me to understand. I came to Canada on 23rd of August and went to IRCC office in October some time and they asked me to come again on December 6th 2016.They then gave me refugee claimant document on December 6th 2016.Does it mean I can count time as an international student from 23rd of August to December 6th 2016 or to that day sometime in October 2016 when I went first time in their office?

I am happy that it's all clear for you now, better be safe than sorry. I am very sure you signed your removal order ( that is what refugee claimant sign the day they make their claim, which automatically cancels all types of visa you have) in October when your claim was accepted, the day you signed your removal order is the same time they also canceled your student visa ( in theory) which only you know, is the day you ceased to be a student. if you are not sure which day it was if I was you I will consider only days before submitted your claim ( stop counting days from Oct 2016 until June 2017) better be safe than sorry.


Many thanks

Here is that example which proves your point:

An applicant entered Canada for the first time as an authorized temporary resident on April 1, 2012, and maintained authorized temporary resident status until March 31st, 2015. The client made a refugee claim on April 1st, 2015 and was granted protected person status on August 16, 2015, and then was lawfully admitted to Canada as a permanent resident on January 1, 2016. The client signed the citizenship application on April 1, 2018.

The five-year period begins on April 1, 2013; no period before that date is applicable to the calculation of physical presence.

In this case, the applicant has accumulated the maximum 365 days of physical presence as an authorized temporary resident and protected person before becoming a permanent resident. The applicant has also accumulated 821 days of physical presence after lawful admission as a permanent resident.

• NPR = April 1, 2013
• PR = April 1, 2016
• NPR Absence = March 1- 31, 2014 (29 days) + December 15-31, 2014 (15 days)
• Ineligible NPR time = April 1, 2015 to August 15, 2015 (137 days)
• Date of application = April 1, 2018
• Calculation: Physical presence = 365 NPR days + 821 PR days = 1186 days of physical presence

Breakdown:

NPR

• 01APR2013 to 31MAR2014 = 365
• 01APR2014 to 31MAR2015 = 365
• 01APR2015 to 31DEC2015 = 275
• 365 + 366 + 275 = 1005 days
• 1005 days - 44 days absent – 137 ineligible NPR days = 824 NPR
• 824 NPR x 0.5 = 412

Maximum NPR = 365

PR

• 01JAN2016 to 31MAR2016 = 91
• 01APR2016 to 31MAR2017 = 365
• 01APR2017 to 31MAR2018 = 365
• 91 + 365 + 365 = 821 days

Physical Presence = 365 + 821 = 1186 days physical presence

 

[shayanmubarak1]

Thank you!
I went through all my docs and it reminded me old times and worries of those times.
Departure order ,notice of seizure and refugee claimant document have a date of December 6th.I guess they gave me appointment in Oct 2016 to appear in December. I am so happy that I could count days from Aug to December.

It just affected my physical presence by 10 days so not much.

Wish you all the best!

 

[Das67]

Thank you!
I went through all my docs and it reminded me old times and worries of those times.
Departure order ,notice of seizure and refugee claimant document have a date of December 6th.I guess they gave me appointment in Oct 2016 to appear in December. I am so happy that I could count days from Aug to December.

It just affected my physical presence by 10 days so not much.

Wish you all the best!

Good for you 10 days is not much, I see you are pr since Feb 2019 and you need at least to be pr for two years (Feb 2021 in your case ) to be eligible. Make sure your maths are good.

All the best

 

[shayanmubarak1]

Do you know if It is safe to visit my home country after applying for citizenship?
If not then when is it safe?

 

[PMM]

Hi

Do you know if It is safe to visit my home country after applying for citizenship?
If not then when is it safe?

1. Not until you are a citizen.

 

[Das67]

Do you know if It is safe to visit my home country after applying for citizenship?
If not then when is it safe?

Do not even try, do not even try to use your home passport. It will be "safe" once you are a citizen.
In some cases, even a country close to your home country can raise suspicion.

 

[shayanmubarak1]

Hello,
Thank you for helping on this before. I am just going to apply for citizenship and confused about one point.
I appeared in court as a refugee claimant on 16th June 2017 and my claim was approved .However, I got notice of decision on 11th July 2017.
Do I start calculating time from 16th June or 11th July. Please advise.
Thank you!