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Physical presence calculation

Jerry74

Newbie
Sep 22, 2020
3
0
Hi,
Going through and looking at the Physical Presence Calculator and reading all about what counts and not. Am I correct in thinking that even me coming for a visit for the first time, can count towards the number of days needed before applying for Citizenship?

For example with a timeline like this I would be able to count days in Canada.

2017-10-01 - 2017-10-14 - Visited my Spouse on a tourist visa (ETA) -- This would count as 7 days?
2017-12-01 - 2018-01-30 - Again visiting my spouse -- Counts as half days?
... and so on until the inland PR app being sent in 2019.

Then PR approval in 2020 from which time it starts counting as one full day, so technically all those visits back and fourth before the PR app could amount to being credited 365 days, so two years after PR approval technically I could become eligible to apply for Citizenship?


Or should I only calculate the days from the time I came to Canada with the intention to send the PR app?


Is there any difference during the PR app is in process and the OWP being approved, or is it still 0.5 days per day until PR was approved? Or does days after OWP approval count as a full day?


Thank you for some clarity.
 

Mexontario

Hero Member
Sep 9, 2020
529
311
Windsor, ON
Category........
FSW
Visa Office......
Ottawa
App. Filed.......
02-05-2014
Doc's Request.
23-06-2014
AOR Received.
04-06-2014
File Transfer...
23-06-2014
Med's Request
23-06-2014
Med's Done....
07-08-2014
Passport Req..
26-09-2014
VISA ISSUED...
18-11-2014
LANDED..........
04-04-2015
Hi,
Going through and looking at the Physical Presence Calculator and reading all about what counts and not. Am I correct in thinking that even me coming for a visit for the first time, can count towards the number of days needed before applying for Citizenship?

For example with a timeline like this I would be able to count days in Canada.

2017-10-01 - 2017-10-14 - Visited my Spouse on a tourist visa (ETA) -- This would count as 7 days?
2017-12-01 - 2018-01-30 - Again visiting my spouse -- Counts as half days?
... and so on until the inland PR app being sent in 2019.

Then PR approval in 2020 from which time it starts counting as one full day, so technically all those visits back and fourth before the PR app could amount to being credited 365 days, so two years after PR approval technically I could become eligible to apply for Citizenship?


Or should I only calculate the days from the time I came to Canada with the intention to send the PR app?


Is there any difference during the PR app is in process and the OWP being approved, or is it still 0.5 days per day until PR was approved? Or does days after OWP approval count as a full day?


Thank you for some clarity.
It does not matter what the intention of your visit/stay during TRV. All temporary visa stays within the eligibility period are counted as 0.5 days for up to 365 days.
 

Jerry74

Newbie
Sep 22, 2020
3
0
And when filling out the calculator, there is the portion where I fill out my status (eg visitor), from and to, and also the absence part. If I've come and gone over the course of the years, but always within the 6 month periods, would it make sense to put that I've held visitor status between first entry in 2017 and PR approval in 2020 and then just report all absence, or would I report each entry into Canada as a "new" visitor status entry.

To me it feels like both of them are kind of the same thing but opposite reporting, reporting I was in Canada with status, or out of Canada for a visit.

Example,

2017-10-01 - 2017-10-14 - Visited spouse in Canada
2017-12-01 - 2017-12-31 - Visited spouse in Canada

Would I put I held Visitor status between 2017-10-01 - 2020-01-01 (For example when I received PR) - and just report absence between 2017-10-14 - 2017-12-01? Or do I just report every time I renewed the visitor status, as well as every period I was not in the country?

Thanks
 

dpenabill

VIP Member
Apr 2, 2010
6,433
3,178
And when filling out the calculator, there is the portion where I fill out my status (eg visitor), from and to, and also the absence part. If I've come and gone over the course of the years, but always within the 6 month periods, would it make sense to put that I've held visitor status between first entry in 2017 and PR approval in 2020 and then just report all absence, or would I report each entry into Canada as a "new" visitor status entry.

To me it feels like both of them are kind of the same thing but opposite reporting, reporting I was in Canada with status, or out of Canada for a visit.

Example,

2017-10-01 - 2017-10-14 - Visited spouse in Canada
2017-12-01 - 2017-12-31 - Visited spouse in Canada

Would I put I held Visitor status between 2017-10-01 - 2020-01-01 (For example when I received PR) - and just report absence between 2017-10-14 - 2017-12-01? Or do I just report every time I renewed the visitor status, as well as every period I was not in the country?

Thanks
For dates of status, declare the dates stated in the visa you were issued.

And in travel history report ALL dates of entry and exit.


Longer Response If No Formal Visa Was Issued:

Since you do not mention the dates of a formal visa . . . If you were not issued a formal visa, which is typical for a short-term visitor carrying a visa-exempt passport, be aware that your GCMS records might NOT show you had Temporary Resident status.

Technically days IN Canada as a visitor should count toward meeting the grant citizenship actual physical presence requirement, whether a formal visa was issued or not. The problem appears to be the absence of sufficient proof of status if there was no formal visa issued. At least in some cases anyway.

The anecdotal reports seen in this forum indicate at least some applicants have had their application returned as insufficient to show physical presence if their presence calculation included periods of temporary residence not supported or documented in their GCMS records, and without counting that period of time the applicant was short of 1095 days.

I cannot offer personal advice. I am no expert. But it is fairly easy to see that the safe approach for the prospective citizenship applicant who was in Canada as a visitor, but not issued a formal visa, is to WAIT to apply so it does not matter whether he or she is given credit for that period of time. To my view, best to WAIT long enough to have a good margin over the minimum (a month or MORE, depending on individual circumstances) PLUS long enough to fully cover any period for which the applicant did not have a formally issued visa (including periods of implied status).

The easy way to calculate WHEN to apply, taking this into consideration, is to do ROUGH drafts of the presence calculation simply NOT including any potentially questionable period of time, and WHEN that calculation shows at least 1125 or so, or MORE days credit (1095 plus a margin of at least a month), then it is SAFE to apply.

THEN do the formal, to be submitted version of the presence calculation, including a totally, precisely accurate and complete accounting of ALL dates of entry into Canada and dates of exit from Canada for the full five year "eligibility period." Including the visitor days.

For dates of status, again those are the dates on the formally issued visas. For periods of time in Canada as a visitor without any formally issued visa, the dates of Temporary Resident status would be limited to the dates of actual presence, so each such period in Canada as a visitor will need to be entered separately. (A Foreign National who has not been issued a formal visa and is outside Canada does not have Temporary Resident status in Canada. So only days actually IN Canada are days the FN can be said to have Temporary Resident status.)

Some visa-exempt visitors are issued a Visitor's Record, which does document status. My sense is having a VR will increase the likelihood of actually getting credit for time in Canada, but the safe approach would still be to wait long enough to apply that such a period is fully covered even if those are not credited.


NOTE for emphasis (for forum participants and others who may be skeptical about the need to wait long enough to not rely on days with visitor status unless there was a formally issued visa):

There may be a tendency for some to hang their hat on what days SHOULD count, and thus apprehend that as long as the applicant was IN Canada with valid status, those days WILL COUNT. Again, this forum has seen a significant number of reports in which it did NOT work this way.

How things SHOULD work and how they ACTUALLY WORK are not always the same.

As long as the applicant was IN Canada with valid Temporary Resident status, the statutory provision prescribing the actual physical presence requirement TECHNICALLY provides that those days count . . . at the half-day credit rate.

What many appear to overlook, however, is that the applicant has the burden of proving ALL the requirements, and thus ALL the elements of each requirement. Days IN Canada do NOT count UNLESS the applicant proves actual presence those days AND the applicant proves having valid status those days, including valid Temporary Resident status those days the applicant declares presence in Canada as a Temporary Resident, visitor or otherwise.

It is clear that the very first screening of a newly submitted grant citizenship application includes a review of the applicant's GCMS records (in fact, while it was awhile ago, responses to ATI requests included information that a GCMS record check MUST be done each and every time any action is taken on a citizenship application). As I noted, this forum has seen numerous reports of applications returned which, so the reporting indicates, were returned because this or that period of time claimed by the applicant was NOT credited, and without those days the applicant fell short of meeting the requirement.

HOWEVER, we only see reports for a slim slice of all applications. It is possible many or even most such applications are NOT returned. That it is those who are surprised by their application being returned who come to a forum like this to report it and ask questions about it.

We have seen enough such reports, nonetheless, to recognize there is at least a very substantial risk IRCC will NOT give credit for those days. And, it makes sense. It makes sense that if the client's own GCMS records do not verify status, that falls short of the proof necessary (in the judgment of IRCC) to meet the burden of proving status.

Sure, someone could challenge this, but those kinds of cases tend to take at least twice as long as routine cases, and may take a lot longer than that.
 
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Jerry74

Newbie
Sep 22, 2020
3
0
It does sound like one should be able to use the days, but as stated there's no guarantee it would be counted.

In my case I have passport stamps of entry, visitor records and extensions to use in my favor as proof, but it still sounds like playing it safe is best course of action.

Appreciate the help, thank you all.
 

Josd1207

Newbie
Mar 20, 2021
5
0
Hi everyone. I have a question regarding the physical presence calculator.

when I came two Canadá I was issued two permits: a student permit and a work permit. I listed both in the calculator even though they overlapped in time, but I included as it was part of my status at that point. However the tool double counted the days (I still have the required time even without the double counting).
Just worried because it is an error on their calculation system it would affect me, or they can adjust when they receive the application and not give me trouble?
 

Mexontario

Hero Member
Sep 9, 2020
529
311
Windsor, ON
Category........
FSW
Visa Office......
Ottawa
App. Filed.......
02-05-2014
Doc's Request.
23-06-2014
AOR Received.
04-06-2014
File Transfer...
23-06-2014
Med's Request
23-06-2014
Med's Done....
07-08-2014
Passport Req..
26-09-2014
VISA ISSUED...
18-11-2014
LANDED..........
04-04-2015
Dont try to overlap them both. You can only stay legally on one status at any given time. Amend the dates such that the approval of second status marks the end date of the first status.
 

Josd1207

Newbie
Mar 20, 2021
5
0
Sorry I was probably not clear. When I came to Canadá I got two permits at the same time. One work permit and one study permit due to a mandatory co op on my program. I listed all the status I had as per the calculator request, but it is double counting the time, even as the dates are the same on both permits.