Some is still is confusing. Will do my best to sort out and address some key elements.
This is for my spouse. She didn't want to make a separate account so posted through mine.
Does not entirely clear up the confusion -- not clear who got scheduled for the oath in April, versus who became a PR in 2018 (or before, current PR card expiring 19 December 2023), versus who (your spouse you say) became a PR in 2020 (and wants to apply for citizenship now).
Beyond that, I will offer the best I can . . . assuming this is about the prospective citizenship applicant here who became a PR December 2020 . . . noting with some emphasis that while I address some particular facts and circumstances, my comments are rooted in general principles and information as best we know.
NOT personal advice. But, hopefully information you can use to figure out what you need to do.
If we order GCMS notes, do you think that would have more detailed info about her status and all the dates?
You can (well, she can, or that is, the PR seeking information about themselves can) make an ATIP request for detailed information regarding status and dates. HOWEVER, how to actually make that request is probably a little more complex than just using the simple request form provided by IRCC.
However, you should be able to figure out the status and respective dates.
From what you have posted, it appears that the applicant had PR status beginning December 7, 2020.
Prior that the applicant had:
-- worker status June 1, 2020 to December 1, 2020 (six months or approximately 183 days)
-- visitor status September 17, 2019 to approximately March 15, 2020 (six months or 183 days)
It appears the applicant reported periods of overstay:
-- including March 15, 2020 through May 31, 2020, as if an extension of status had been applied for and obtained. I am not sure if the applicant can claim implied status for this period. Absent an application for extension of status my sense is NO, that this was a period of overstay not implied status (this is NO big deal, not a problem, since the subsequent grant of worker status effectively cured any previous overstay).
-- including December 2 through December 6, 2020; similarly, as if an extension of status had been applied for and obtained; absent application for extension probably cannot be claimed as a period of implied status.
DO NOT TAKE my word for it. The applicant needs to objectively assess the facts and then, in the application, including the presence calculation, give information consistent with the applicant's best understanding of the facts. In particular, if . . . FOR EXAMPLE, emphasis on
*IF* the applicant understands they had worker status June 1, 2020 to December 1, 2020, and visitor status September 17, 2019 to approximately March 15, 2020, they should provide this information (or if they believe they had status for a different period, state that) as part of the application, but not in the application itself, rather in the physical presence calculation.
Leading to . . .
So if we disregard the time before PR, it comes out to 970 days. But in the beginning of the application, it asks if she had any temporary status, saying No to that might also be considered misrepresentation. I believe its the dates that are not accurate and its causing issues.
Forgive me for being repetitive but it is important to fully grasp that the applicant's obligation is to put information into the forms that is complete and accurate to the best of the applicant's understanding. That is about the applicant's best understanding of what information is asked for, and the applicant's best understanding of the facts that are responsive to that question.
Do NOT report any information the applicant does not believe is true. Do NOT submit any misleading, let alone overtly untrue information, whether by inclusion or omission.
As I noted before (noting it is subject to a bit, a small bit, of leeway):
DO NOT provide information that is NOT correct just to make the form work.
The corollary, which should be obvious, is likewise true:
DO NOT omit true information that is requested just to make the form work.
Leading to . . .
"
. . . if we disregard the time before PR, it comes out to 970 days . . . "
An IMPORTANT distinction: it can make sense to "
disregard the time . . . " (or some of the time) a PR was in Canada pre-PR
for the PURPOSE of deciding WHEN to apply.
However, DO NOT disregard the true facts in what is put into the application and presence calculation.
Again, the information the applicant includes in the application and presence calculator needs to be
ACCURATE and
COMPLETE, to the best of the applicant's understanding (again, apologies for being repetitive). So NO, absolutely do NOT disregard accurately reporting pre-PR time in Canada.
When To Apply . . . in particular, disregarding (not relying on) some pre-PR days IN Canada FOR the purpose of DECIDING WHEN to APPLY:
I thought the example I described in my previous post explained this. Appears I need to elaborate.
Some days IN Canada prior to becoming a PR might not get credit toward meeting the physical presence requirement if IRCC cannot verify the applicant's status during that period of time. This does not necessarily mean the PR did not have Temporary Resident Status during that period of time. But if the records do not verify the grant of status, IRCC might not give that period of time credit. I mentioned a couple specific circumstances that can cause this (mostly undocumented status, such as a period of implied status, or time in Canada as a visitor based on entering Canada with a visa-exempt passport).
Here it appears there is no problem with the worker status period, June 1, 2020 to December 1, 2020 (six months or approximately 183 days), since there was a formal grant of that status. So this is approximately 91 days of credit IRCC should allow toward the physical presence requirement.
It is most likely there is enough problem with the gap-periods (probably overstays), the periods March 15, 2020 through May 31, 2020, and December 2 through December 6, 2020, that it is highly unlikely the applicant can successfully claim credit for these periods. That said, if the applicant truly believes they had Temporary Resident Status during these periods, that is what they should report in the presence calculator, but at the same time being aware that IRCC is NOT likely to allow credit for these time periods.
Period of Visitor Status In Particular:
The period of visitor status September 17, 2019 to approximately March 15, 2020 (six months or 183 days) is less clear. It should count. But unless a Foreign National visiting Canada is formally issued a Visitor Visa, or a Visitor's Record, it is likely there is no formal record of a grant of status. Given the extent to which your information is still confusing, I am not confident what the facts are.
But I can say this:
-- if the applicant was FORMALLY issued a visa to visit Canada, or upon entry into Canada was issued a Visitor's Record, the odds are good this time will get credit (for time period specified in the visa or visitor record)
-- if the applicant was NOT issued a visa or visitor record, there is a real risk IRCC might not give credit for this time (applicant can probably contest this, but as noted in previous post this is usually NOT worth it)
-- either way, the applicant still reports this information in the presence calculation, so it will be counted in the presence calculation the applicant submits (but again, there is a real risk IRCC will NOT give credit for this period unless there was a formal visa or visitor record issued)
Using this information to help decide WHEN to APPLY (or perhaps Re-Apply):
This part is not so complicated as it might seem at first glance. Basically the applicant can WAIT to apply when they have enough credit to meet the presence requirement without relying on any period of time that is at risk for not being counted, like the gap periods for sure, and probably the period with visitor status as well.
In your situation, this may be about when to Re-Apply. It appears the applicant currently falls short if the gap periods and the period with visitor status are not given credit.
It would be wise to also wait to when the applicant has a good margin over the minimum.
To avoid confusing my analysis with your actual factual situation, I will illustrate using a modified version of the previous example I described: Applicant entered Canada as a visa-exempt visitor seven months prior to being granted PR status. This applicant should wait to apply when they have 1125 or more days credit AS a PR, not counting pre-PR days. This is based on the requirement of 1095 days PLUS a 30 day margin or buffer. In the application, however, in the presence calculation, they will report the six months presence with visitor status. NOT the additional month of overstay. So the calculation submitted with the application will show a total physical presence of 1125 plus 91 days, for a total of 1216 days. So if IRCC does not credit those 91 days, they still meet the minimum.
