Does Implied Status Count for Physical Presence Test for Canadian Citizenship?

[Trois Rivières]

Hi folks,

I’m looking for some clarity on whether the time spent on implied status counts towards the physical presence test for Canadian citizenship. Here's a brief overview of my situation:

• September 2021: Entered Canada as a temporary visitor
• February 2022: Filed for Permanent Residency (PR) as the dependent of the principal applicant
• May 2022: Filed for the spouse work permit
• November 2022: Officially received my first work permit
• July 2024: Became a Canadian PR and plan to apply for citizenship ASAP

I understand that any day after my Confirmation of Permanent Residence (CoPR) in July 2024 counts as a full day for the physical presence calculation, and any day before my CoPR date counts as half a day.

However, I’m unsure about the following:

• Visitor Status: I entered Canada as a visitor in September 2021. I understand that visitor status is typically valid for 6 months, meaning I was a valid visitor from September 2021 to March 2022. What was my status from March 2022 (1 month after I filed PR application) to May 2022 (before I filed for the work permit)? Was I on implied status or I did not have any valid status during that period of time?
• Would these periods count towards my physical presence calculation?
  1. February 2022 – May 2022 (filed for PR and was legally allowed to stay in Canada)
  2. May 2022 – November 2022 (while waiting for my first work permit)

Any advice or clarification from those who have been through this process would be greatly appreciated!

Thanks in advance!

 

[scylla]

Hi folks,

I’m looking for some clarity on whether the time spent on implied status counts towards the physical presence test for Canadian citizenship. Here's a brief overview of my situation:

• September 2021: Entered Canada as a temporary visitor
• February 2022: Filed for Permanent Residency (PR) as the dependent of the principal applicant
• May 2022: Filed for the spouse work permit
• November 2022: Officially received my first work permit
• July 2024: Became a Canadian PR and plan to apply for citizenship ASAP

I understand that any day after my Confirmation of Permanent Residence (CoPR) in July 2024 counts as a full day for the physical presence calculation, and any day before my CoPR date counts as half a day.

However, I’m unsure about the following:

• Visitor Status: I entered Canada as a visitor in September 2021. I understand that visitor status is typically valid for 6 months, meaning I was a valid visitor from September 2021 to March 2022. What was my status from March 2022 (1 month after I filed PR application) to May 2022 (before I filed for the work permit)? Was I on implied status or I did not have any valid status during that period of time?
• Would these periods count towards my physical presence calculation?
  1. February 2022 – May 2022 (filed for PR and was legally allowed to stay in Canada)
  2. May 2022 – November 2022 (while waiting for my first work permit)

Any advice or clarification from those who have been through this process would be greatly appreciated!

Thanks in advance!

Filing a PR application doesn't generally give you implied status or any sort of legal status in Canada. Are you sure that you didn't also apply to extend your visitor status? How did you apply for PR? Through which program?

 

[Trois Rivières]

Filing a PR application doesn't generally give you implied status or any sort of legal status in Canada. Are you sure that you didn't also apply to extend your visitor status? How did you apply for PR? Through which program?

Hi scylla,

Well, my immigration representative told me that I should be good to stay in Canada after filing my PR application. And yes, I did not apply to extend my visitor status after March 2022. My husband applied for the BC PNP International Post-Graduate stream, and I am listed as a dependent on the application.

Given what you said, it looks like I did not hold any valid status after March 2022. Do you think I was on valid implied status after May 2022 (when I filed for the spouse work permit)? And does May-Nov 2022 count towards my citizenship application?

Much appreciated!

 

[scylla]

Hi scylla,

Well, my immigration representative told me that I should be good to stay in Canada after filing my PR application. And yes, I did not apply to extend my visitor status after March 2022. My husband applied for the BC PNP International Post-Graduate stream, and I am listed as a dependent on the application.

Given what you said, it looks like I did not hold any valid status after March 2022. Do you think I was on valid implied status after May 2022 (when I filed for the spouse work permit)? And does May-Nov 2022 count towards my citizenship application?

Much appreciated!

Your timeline doesn't really make sense.

Visitors are allowed into Canada for six months by default. So that's what you would have had unless CBSA only gave you a shorter visit. We can probably assume you were given the six months.

Simply submitting the PNP application would not have given you implied status. Yet one more example of very bad information from an immigration consultant which is why people should stay away from them. Submitting the work permit application would not have given you implied status. You would have already been out of status in Canada after the original six months, unless you applied to extend your visitor status before the original six months ended.

It feels like part of the picture is missing. Or maybe that part of the picture is simply immigration consultant incompetence, certainly wouldn't be the first time and won't be the last sadly.

My advice is not to include any time for implied status in the citizenship application. Include the first six months when you know you had visitor status and then the time after the work permit was approved.

Based on experiences of others on this forum, trying to count implied status can lead to complications.

 

[scylla]

Hi scylla,

Well, my immigration representative told me that I should be good to stay in Canada after filing my PR application. And yes, I did not apply to extend my visitor status after March 2022. My husband applied for the BC PNP International Post-Graduate stream, and I am listed as a dependent on the application.

Given what you said, it looks like I did not hold any valid status after March 2022. Do you think I was on valid implied status after May 2022 (when I filed for the spouse work permit)? And does May-Nov 2022 count towards my citizenship application?

Much appreciated!

One more thing. Based on your original post, you became a PR in July 2024. If so, the earliest you can possibly qualify to submit a citizenship application is July 2026, assuming you essentially spend no days outside of Canada in the two years post PR. Assuming you know that.

 

[Trois Rivières]

It feels like part of the picture is missing. Or maybe that part of the picture is simply immigration consultant incompetence, certainly wouldn't be the first time and won't be the last sadly.

Yea... that consultant really messed things up. The whole timeline was:

• September 2021: Entered Canada as a temporary visitor (CBSA did not stamp my passport and assume I was given 6 months)
• November 2021: Paid a short visit to the US for 2 days to see a friend, and back to Canada as a temporary visitor (CBSA also did not stamp my passport)
• February 2022: Filed for Permanent Residency (PR) as the dependent of the principal applicant. (Consultant said okay to stay in Canada no need to extend stay...)
• May 2022: Filed for the Spouse WP
• November 2022: Officially received my first Spouse WP
• May 2023: Filed for the second Spouse WP (extended my status, I believe)
• June 2023: First Spouse WP expired
• September 2023: Received the second Spouse WP
• July 2024: Became a Canadian PR

A couple of additional questions I'd appreciate your help with:

1. Should I assume that my visitor status was automatically extended for another 6 months when I returned from a 2-day trip to the U.S. in November 2021? (If so, I would be out-of-status starting from May 2022 to November 2022)
2. Was I in implied status from June 2023 to September 2023? (I believe so and that should probably count towards the physical presence?)
3. Do you think the out-of-status period could cause any issues when I apply for citizenship? Should I disclose anything in the application about being out of status for a period of time? Our PR application process was quite bumpy, and I’m now wondering if being out of status was the main reason it underwent an 18-month security screening.

If so, the earliest you can possibly qualify to submit a citizenship application is July 2026, assuming you essentially spend no days outside of Canada in the two years post PR. Assuming you know that.

Thanks for the heads up. I will run a quick calculation on the official Physical Presence Calculator before I pull the trigger.

Thanks again!

 

[scylla]

Yea... that consultant really messed things up. The whole timeline was:

• September 2021: Entered Canada as a temporary visitor (CBSA did not stamp my passport and assume I was given 6 months)
• November 2021: Paid a short visit to the US for 2 days to see a friend, and back to Canada as a temporary visitor (CBSA also did not stamp my passport)
• February 2022: Filed for Permanent Residency (PR) as the dependent of the principal applicant. (Consultant said okay to stay in Canada no need to extend stay...)
• May 2022: Filed for the Spouse WP
• November 2022: Officially received my first Spouse WP
• May 2023: Filed for the second Spouse WP (extended my status, I believe)
• June 2023: First Spouse WP expired
• September 2023: Received the second Spouse WP
• July 2024: Became a Canadian PR

A couple of additional questions I'd appreciate your help with:

1. Should I assume that my visitor status was automatically extended for another 6 months when I returned from a 2-day trip to the U.S. in November 2021? (If so, I would be out-of-status starting from May 2022 to November 2022)
2. Was I in implied status from June 2023 to September 2023? (I believe so and that should probably count towards the physical presence?)
3. Do you think the out-of-status period could cause any issues when I apply for citizenship? Should I disclose anything in the application about being out of status for a period of time? Our PR application process was quite bumpy, and I’m now wondering if being out of status was the main reason it underwent an 18-month security screening.

Thanks for the heads up. I will run a quick calculation on the official Physical Presence Calculator before I pull the trigger.

Thanks again!

So there was a key piece of information missing from your first post and that was the US trip in Nov. This would have reset your six months so based on that, you should have had valid status until you applied for the work permit and then were on implied status until the work permit was approved.

 

[Trois Rivières]

So there was a key piece of information missing from your first post and that was the US trip in Nov. This would have reset your six months so based on that, you should have had valid status until you applied for the work permit and then were on implied status until the work permit was approved.

Thank you scylla, that makes so much sense.

But I went through the GCMS notes of my PR application again, I found that the IRCC visa officer had made a note in my application in Oct 2022. They stated that I did not hold valid status in Canada and I don't know why.

 

[scylla]

Thank you scylla, that makes so much sense.

But I went through the GCMS notes of my PR application again, I found that the IRCC visa officer had made a note in my application in Oct 2022. They stated that I did not hold valid status in Canada and I don't know why.

So that changes things and means that you were in fact most likely out of status for at least some period of time.

Honestly, the devil is in the details. I'm making my best guess based on the information you have provided.

Provide your full timeline again however this time provide the exact date of each event / entry into Canada / application.

 

[Trois Rivières]

Provide your full timeline again however this time provide the exact date of each event / entry into Canada / application.

• September 15, 2021: Entered Canada as a temporary visitor
• November 29, 2021: to the US
• December 2, 2021: back to Canada as a temporary visitor (assuming status valid until June 2, 2022?)
• February 1, 2022: Filed for PR
• May 3, 2022: Filed for the Spouse WP
• May 5, 2022: Both my old Passport and Canadian Visitor Visa expired (I had my passport renewed in April)
• October 10, 2022: IRCC officer stated that I did not hold valid status in Canada in GCMS Note
• November 2022: Received my first Spouse WP
• May 2023: Filed for the second Spouse WP (extended my status, I believe)
• June 2023: First Spouse WP expired
• September 2023: Received the second Spouse WP
• July 2024: CoPR

Hope this timeline helps. Thanks!

 

[scylla]

• September 15, 2021: Entered Canada as a temporary visitor
• November 29, 2021: to the US
• December 2, 2021: back to Canada as a temporary visitor (assuming status valid until June 2, 2022?)
• February 1, 2022: Filed for PR
• May 3, 2022: Filed for the Spouse WP
• May 5, 2022: Both my old Passport and Canadian Visitor Visa expired (I had my passport renewed in April)
• October 10, 2022: IRCC officer stated that I did not hold valid status in Canada in GCMS Note
• November 2022: Received my first Spouse WP
• May 2023: Filed for the second Spouse WP (extended my status, I believe)
• June 2023: First Spouse WP expired
• September 2023: Received the second Spouse WP
• July 2024: CoPR

Hope this timeline helps. Thanks!

It's possible that when you re-entered Canada December 2nd, CBSA allowed you back in based on your original visit in September rather than re-setting the six months. If that's the case, you would have fallen out of status mid-March. If that happened, you wouldn't have gotten your status back until November. I personally wouldn't attempt to claim any time between mid March and that date in November towards citizenship. If you want have this checked over, get a consult with an immigration lawyer (not consultant). You have time given you won't qualify to submit your application until July 2026 at the earliest.

 

[Trois Rivières]

It's possible that when you re-entered Canada December 2nd, CBSA allowed you back in based on your original visit in September rather than re-setting the six months.

That was probably the only reasonable explanation. Anyway I'll check with the immigration lawyer before I submit the application! Really appreciate your help!