Is the CIC's Residence Calculator generating the wrong number of days?

[bambino]

Hi all, sorry if this has been discussed before, but something just occurred to me.

When I filled out the details in the residence calculator on the CIC website, for every trip, I listed the day on which I left Canada and the day on which I returned. Take a short business trip for example, where one flies out of YYZ on January 1, 2010 and returns on January 4, 2010. If he is like most people, he would enter the following dates in the calculator: 01-01-2010 and 04-01-2010. The calculator will then generate 3 days absence from Canada.

I haven't been able to locate the manual used by CIC agents wrt citizenship applications, but OP 10 Permanent Residency Status Determination states:

6.4 Day

Section 27(2) of the Interpretation Act governs the calculation of time limits in federal statutes. Where a statute refers to a number of days between two events (and precedes the number of days with the words “at least”), both the day of occurrence of the first event as well as the day of occurrence of the second event are to be counted in calculating the number of days. For the purpose of calculating the number of days to comply with the residency obligation in IRPA A28(2)(a), a day includes a full day or any part of a day that a permanent resident is physically present in Canada. Any part of a day spent in Canada, or otherwise in compliance with A28(2)(a), is to be counted as one full day for the purpose of calculating the 730 days in a five-year period.

I do not see a reason why the above should not be applicable in the case of a citizenship application. The business traveller in my example spent a part of both January 1 and January 4 in Canada, so they are both to be counted as full days for the purposes of calculating his days in Canada. In other words, according to the correct interpretation of the residency requirement, only January 2 and 3 are days on which he was absent from Canada. That is 2 days, and not the 3 that CIC's residence calculator spat out.

If he is anything like me and had 15 or so trips during the relevant 4-year period, it would appear that the CIC is shorting him a rather significant number of days.

Surely this has come up before, or I'm missing something....

 

[scylla]

The PR and citizenship residency calculations are not identical. As you've discovered, the PR calculation counts both the departure and arrival day. For citizenship, you only get credit on one end (i.e. where you rest your head).

CIC's citizenship residency calculator is correct and you need to have 1095 days of residency following the citizenship calculation rules in order to apply.

CIC isn't shorting the business traveller any days. It's just that the business traveller needs to meet different requirements to apply for citizenship.

 

[bambino]

Right, I guess my question is how is the difference between the two modes of calculations justified?

 

[Goldline]

For citizenship they only count the day as present in Canada if you spent the night in Canada. so if you leave Canada on Jan 1st at 11:55 pm, that day will not be counted as a day present in Canada even if you actually have been here for 23 hours 55 mn that day, but if you come back on Jan 4 at 11:55 pm that day will still count in your favor even if you spent only 5 mn of the day in Canada. I think it makes sense.

 

[bambino]

Again, I know what is. I am still waiting for someone to provide a cogent explanation of why this difference exists.

 

[scylla]

I doubt any of us are going to be able to provide you with the rationale you're looking for. The calculations are simply different and there's a higher bar set for citizenship. To the best of my knowledge there isn't a specific justification published anywhere.

 

[boltz]

Again, I know what is. I am still waiting for someone to provide a cogent explanation of why this difference exists.

Putting the Q back to you - When one is away from the country for part of the day, why should the day be counted at all? What would you say, if CIC does not count partial days at all, so stripping of both the days?

Well, there may not be a convincing answer each time.

 

[Donvalley]

Thank God that you need only 1095 days altogether now! Very soon going to be 1460 days and what explanation/rationale do we have for this change?

 

[screech339]

Thank God that you need only 1095 days altogether now! Very soon going to be 1460 days and what explanation/rationale do we have for this change?

The only rational for the increase to 1460 days is that the government believe you should stay in Canada longer, at least 4 year in comparison to 3 years to qualify. Qualifying at 4 out of 6 years for canadian citizenship is still generous in comparison to citizenship qualifications in majority of the countries, most requiring 5 years.

Screech339