Need urgent help with Physical Presence Calculator.

[MrJS]

I moved to Canada on Dec 2006. I became a Permanent Resident on Feb 2014. The Physical Presence Calculator states that I have been here for 902 days and I need 1460 days to be eligible for citizenship.

However during 3 of the years prior to my permanent residence I have been working (work permit visa). Someone has informed me that I can use those days and add that to my physical presence. Can someone clarify if this is correct?

 

[Bs65]

Others can correct me but believe you can only count presence in Canada from the time you obtained PR given upto that time you would only have been a temporary resident. http://www.cic.gc.ca/english/citizenship/become-eligibility.asp#status

 

[dpenabill]

I moved to Canada on Dec 2006. I became a Permanent Resident on September 2014. The Physical Presence Calculator states that I have been here for 902 days and I need 1460 days to be eligible for citizenship.

However during 3 of the years prior to my permanent residence I have been working (work permit visa). Someone has informed me that I can use those days and add that to my physical presence. Can someone clarify if this is correct?

Current citizenship requirement only counts days present in Canada after landing and becoming a Permanent Resident.

There is legislation pending, Bill C-6, which if adopted and implemented will include credit for up to a year for time living in Canada prior to becoming a PR. This will give a credit of one-half day for each day living in Canada prior to date of landing, time in Canada with temporary resident status, for up to a year, and only for time in Canada during the relevant time period. If this becomes law, the relevant time period will be five years and to qualify for citizenship the minimum total number of days credited as in Canada must be at least 1095 . . . a 3/5 rule (currently there is a 4/6 rule, four of last six years must have been in Canada).

Several topics here discuss the progress of Bill C-6. Seems there is a very good chance the changes will be adopted and take effect sometime next year.

 

[MrJS]

Current citizenship requirement only counts days present in Canada after landing and becoming a Permanent Resident.

There is legislation pending, Bill C-6, which if adopted and implemented will include credit for up to a year for time living in Canada prior to becoming a PR. This will give a credit of one-half day for each day living in Canada prior to date of landing, time in Canada with temporary resident status, for up to a year, and only for time in Canada during the relevant time period. If this becomes law, the relevant time period will be five years and to qualify for citizenship the minimum total number of days credited as in Canada must be at least 1095 . . . a 3/5 rule (currently there is a 4/6 rule, four of last six years must have been in Canada).

Several topics here discuss the progress of Bill C-6. Seems there is a very good chance the changes will be adopted and take effect sometime next year.

So would that mean that if the bill is passed this time next year I would be able to immediately apply in regards to my circumstances?
Also where can I go to check to be notified if the bill does pass and other updates to Canadian immigration law?

Thanks.

 

[dpenabill]

So would that mean that if the bill is passed this time next year I would be able to immediately apply in regards to my circumstances?
Also where can I go to check to be notified if the bill does pass and other updates to Canadian immigration law?

Thanks.

My guess is that the Bill will pass and be adopted this year. But the provisions for changing the presence requirement to a 3/5 rule will not come into effect immediately. We do not know when it will take effect. Next year some time is as good as guess as any.


As of the day the new requirement takes effect:

If you have been present in Canada 1095 plus days since the day you landed, you will be eligible for citizenship (subject to meeting all other requirements of course) as of that day. Application and presence calculator may or may not be available by that day, however, so it could be a day or three more before you can actually apply. You must use the proper application and presence calculator on the date you apply.

If you are short of 1095 days, you will be able to add to the total, at the rate of a half-day for each full day in Canada, time from before you landed, but again only days within the five years prior to signing the application. The presence calculator will automatically calculate the proper number of days (assuming IRCC manages to develop and implement the new calculator timely).

Beyond that you will have to make the calculations for yourself. Using the online calculator is by far the best way . . . but it probably will not be available for the new requirements until the new requirement actually takes effect.

In regards to the calculation of 902 days currently, I do not understand how the current presence calculator could possibly credit you for 902 days if you just landed in September 2014. There have been fewer than 700 days since September 2, 2014, meaning you could not possibly have 902.


For updates on progress of Bill C-6, you can follow it directly at the Parliamentary Business website, under current bills. Link is posted in many topics here in the forum about the Bill . . . and you could also follow the news here, in those topics. There is sure to be plenty of discussion in topics here as more is learned about the bill.

 

[MrJS]

My guess is that the Bill will pass and be adopted this year. But the provisions for changing the presence requirement to a 3/5 rule will not come into effect immediately. We do not know when it will take effect. Next year some time is as good as guess as any.


As of the day the new requirement takes effect:

If you have been present in Canada 1095 plus days since the day you landed, you will be eligible for citizenship (subject to meeting all other requirements of course) as of that day. Application and presence calculator may or may not be available by that day, however, so it could be a day or three more before you can actually apply. You must use the proper application and presence calculator on the date you apply.

If you are short of 1095 days, you will be able to add to the total, at the rate of a half-day for each full day in Canada, time from before you landed, but again only days within the five years prior to signing the application. The presence calculator will automatically calculate the proper number of days (assuming IRCC manages to develop and implement the new calculator timely).

Beyond that you will have to make the calculations for yourself. Using the online calculator is by far the best way . . . but it probably will not be available for the new requirements until the new requirement actually takes effect.

In regards to the calculation of 902 days currently, I do not understand how the current presence calculator could possibly credit you for 902 days if you just landed in September 2014. There have been fewer than 700 days since September 2, 2014, meaning you could not possibly have 902.


For updates on progress of Bill C-6, you can follow it directly at the Parliamentary Business website, under current bills. Link is posted in many topics here in the forum about the Bill . . . and you could also follow the news here, in those topics. There is sure to be plenty of discussion in topics here as more is learned about the bill.

Sorry I meant February 2014. Not September.