crewbunk said:
"Every day of residence before PR counts as half a day of residence (for up to 730 half days = 365 full days"--> can someone explain this further? does those days we stay in Canada right waiting for PR approval counts? Or any date we stay in Canada before becoming PR will count (for example, study University there few years ago)?
Thanks for explain!
As to availability of pre-landing credit in general:
Just to be clear, under current law there is
NO credit at all for time in Canada prior to landing and becoming a PR. None.
Otherwise, pre-landing credit will be available
IF and only if Bill C-6 is adopted as it is currently proposed, and
only after the amendments to the Citizenship Act regarding physical presence requirements take effect, which is likely to be some time later than when Bill C-6 is adopted, given Royal Assent, and becomes law . . . assuming the Bill will be adopted and become law.
If and when pre-landing credit is available: Additionally, it is prudent to be aware that given the burden of proof, which is entirely on the applicant, credit for time present prior to landing can be tricky to document in the absence of formally issued status, such as a work or student permit, or a TRV of some sort. That is, obtaining the credit can depend, as a matter of documented fact, on there being an immigration record in the client's GCMS showing the client had been granted status to be
resident-in-Canada (including temporarily). The practical effect is that anyone planning to rely on pre-landing credit should have specific documentation showing their status in Canada during that time and be in a position to directly document actual presence during that time. (Note: this observation is based on years of reported practices under prior law when such credit was available, recognizing that many applicants encountered requests for additional documentation and evidence when they applied relying on such credit under the old 3/4 residency rules.)
northernavpers said:
Yes, everyday of your residence in Canada before PR counts to a maximum of 1 year.
This generalization overstates how the credit will work
IF and when such a credit becomes available (if, for example, Bill C-6 as it is currently proposed is adopted).
First, this needs to be understood in the context of the query which refers to
half-day credit for days in Canada; this is to say that yes, every day of residence in Canada before PR will (if the law so changes) count as a
half-day toward the presence requirement.
Secondly, however, the context of the query also refers to any time in Canada before becoming a PR, and
NO, not just any time in Canada prior to becoming a PR will count.
In particular,
crewbunk queried:
"Or any date we stay in Canada before becoming PR will count (for example, study University there few years ago)?"
If and when pre-landing credit becomes available under the current
proposed changes, the applicant will only be entitled to credit for pre-landing time in Canada
within five years of the date the application is made. Time in Canada more than five years prior to the date of the application will
NOT count (it will
not count even if the applicant was a PR, let alone in Canada pursuant to temporary status).
