Hi Everyone,
I am in the process of applying for the citizenship, and need some help in calculating the physical presence.
I got my PR on 5th August, 2021.
Prior to that I was in Canada on SOWP from 30th May, 2019 to 31st December, 2019. I applied for my SOWP extension on 10th December 2019 . My SOWP extension application was rejected on 3rd March, 2020 (I was on Applied status between 1st Jan 2020 to 2nd March,2020 ) stating that my documents did not provide enough evidence. Reapplied with updated documents on 7th March, 2020 and received my approved SOWP 6th April , 2020 (valid until 6th December, 2022)
Now, while calculating the physical presence in Canada , can I consider the dates between 1st Jan 2020 to 2nd March 2020 as temporary work status (when I was on applied status in Canada and doing a Full time job) , or do I need to wait for another 3 months to cover the period from 1st Jan 2020 to 6th April 2020.
Expert input will be really helpful
Thanks
I am NOT an expert.
I can offer some observations about a prudent approach if there is any (ANY) possible question as to whether the individual had Temporary Resident Status during a period of pre-PR time in Canada. Most common examples of this are periods of visitor status not documented in GCMS (for example, this can be the case for some visitors with visa-exempt passports who have been waived into Canada without being issued a visa or Visitor-Record) and some periods of implied status. Technically a Foreign National (FN) has Temporary Resident Status for any period they are in Canada with visitor status and periods in Canada with implied status. So, such periods of time should count, each day getting a half-day credit toward meeting the physical presence requirement for citizenship.
HOWEVER . . . for pre-PR days to count as days physically present in Canada not only requires being actually physically present in Canada with temporary resident status,
but also PROVING both, the presence AND the status. Generally, proving status is hardly given any thought, almost none at all; it is rarely an issue because IRCC readily verifies the applicant's information (assuming it is correct), as to status and the dates the applicant had such status, in the applicant's GCMS records.
Sometimes, however, presence in Canada with valid pre-PR status is not documented in the client's GCMS records.
I was just addressing this situation in another thread yesterday:
In some situations, where during the initial screening of the citizenship application for completeness the GCMS records do not document the applicant's status for a period of time, there are numerous anecdotal reports that IRCC has not counted (given credit to) those days, and if that results in total credit for less than 1095, returned the application as incomplete based on not meeting the physical presence requirement.
I further addressed there (and there quoting where I have also previously discussed this) a SAFE or PRUDENT approach in such cases. And that is to wait, wait to apply when the applicant has enough days (plus a buffer) to qualify for citizenship NOT counting any pre-PR period for which there might be any question as to whether they had Temporary Resident Status. The applicant can and should STILL INCLUDE any period they are confident they had visitor or implied status, but just not relying on IRCC giving credit for that period of time. . . . think of it as having an additional margin, a bigger buffer, noting that the prudent applicant will wait to apply with a good buffer anyway.
Typically this does not make the prospective applicant need to wait all that much longer, recognizing that each day here now will get credit offsetting two days pre-PR. For most the difference between what is readily verified as days with temporary resident status, in GCMS, and a period GCMS does not verify but the applicant is sure they had legal status, is small enough that waiting is not only the more sure approach, but overall is likely to be the faster overall path to the oath (if presence questions arise in processing the application, that is bound to cause non-routine processing resulting in significantly longer processing timelines).
Addressing your specific situation is a little more complicated, but perhaps in your favour.
Generally, if an application for an extension is denied, there is for sure no implied status following the date of that denial. I have not been following temporary status closely enough, to know if the denial also means there was no implied status prior to the denial (from date previous status expired). Even if, however, the FN applying for an extension of status technically has valid implied status at least until the day the application is denied, that falls in a range for which the risk of questions, the risk it might not be documented in GCMS, that would clearly suggest the WAIT and apply for citizenship without relying on those days counting.
For your specific situation, however, I wonder if you had at least visitor status (documented in your GCMS records) even though there was the period in which you did not have the SOWP. I do not know enough about the status generally of family members of foreign workers, PRs, or citizens. If the visitor status is clearly documented, that too counts as Temporary Resident Status and will count . . . with the same caution, even if visitor status is certain, if not clearly documented in GCMS the prudent approach is to WAIT to apply not counting on it (but when making the application, still include it in the physical presence calculation).
