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Please help in date in physical presence form CIT 0407

rahul00

Star Member
Jul 26, 2009
92
8
My friend got PR in 2001. He stayed in Canada for two weeks and left Canada.

Second time he entered Canada (Toronto ) in Sept 2016 on UK passport, no question were asked about PR. Only questioned asked were why you are here and when are you planning to leave. He was in Canada for one month and left Canada.

Third time he entered Canada from USA border in 15th Jan 2017. At that time he was questioned about PR. he gave the reason and explained the situation.
and was allowed to entered Canada. On 21st Jan 2017, he got the post mail that his PR status is reinstalled on H&C grounds. He is in Canada till date. He applied for PR card and date on PR card for Resident is 2001

Now he is applying for Citizenship and filling the form CIT 0407. The form is taking his Second visit as PR.

My question is about second visit. I think Second visit to Canada was as Visitor ? Please help how can he enter this problem on CIT 0407 form and in point 9 (b).
 

dpenabill

VIP Member
Apr 2, 2010
6,467
3,219
My friend got PR in 2001. He stayed in Canada for two weeks and left Canada.

Second time he entered Canada (Toronto ) in Sept 2016 on UK passport, no question were asked about PR. Only questioned asked were why you are here and when are you planning to leave. He was in Canada for one month and left Canada.

Third time he entered Canada from USA border in 15th Jan 2017. At that time he was questioned about PR. he gave the reason and explained the situation.
and was allowed to entered Canada. On 21st Jan 2017, he got the post mail that his PR status is reinstalled on H&C grounds. He is in Canada till date. He applied for PR card and date on PR card for Resident is 2001

Now he is applying for Citizenship and filling the form CIT 0407. The form is taking his Second visit as PR.

My question is about second visit. I think Second visit to Canada was as Visitor ? Please help how can he enter this problem on CIT 0407 form and in point 9 (b).
First, a CAUTION, it is far, far better to use the online presence calculator and NOT use CIT 0407. For many reasons. A key one is that the online calculator will notify the user of some types of errors. Another key one is that the online calculator does all the arithmetic, so there is no chance of error in counting days. All the applicant needs to do is ACCURATELY and COMPLETELY enter the relevant information, especially the travel history dates.

And while we do not have direct evidence, it is very likely that citizenship processing agents trust the output of the online presence calculator more than CIT 0407. They do not need to worry, for example, about the accuracy of the arithmetic.

As for this individual's status during his "second" trip to Canada, in 2016, he clearly had PR status at that time. And, moreover, since he has been a PR from BEFORE April 2015 (since more than five years ago), he has been a PR for the entirety of the five year eligibility period.

There is NO reinstatement of PR status. It is NOT possible that "his PR status is reinstalled on H&C grounds." Rather, he was ALLOWED to RETAIN status on H&C grounds. (Even if a PR is Reported and issued a Removal or Deportation Order, and it is only on appeal the PR is allowed to keep status, that is not a reinstatement of status; the PR had status all along, even though keeping status depended on a successful appeal.)

A PR can enter Canada to "visit" but that does NOT affect what his status is. A PR has PR status unless and until there is a final adjudication that status has been terminated or there is a formal renunciation of status. Once either of these is final, there is NO reinstatement.

In any event, it readily appears he was a PR when he came to Canada in 2016 even if PoE officers waived him into Canada assuming he was a Foreign National and allowed him entry thinking he was authorized to enter with visitor status.

Response in item 9.b in the citizenship application should be [No].

And USE THE ONLINE PHYSICAL PRESENCE CALCULATOR RATHER THAN CIT 0407.
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
As above and as it says on the top of CIT 0407 use the physical presence calculator to avoid mistakes or being confused as per the post that is what it is there for ! CIT 0407 is only really for use if cannot access or use the calculator .

https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do

Note your friend since 2001 has been a PR , was still a PR 2016 and 2017. Given your friend had failed the residency obligation both at time of 2016 and 2017 they should consider themselves extremely lucky that they did not get reported and lose their PR status. Many people in the same situation have not been so lucky so rather than test luck even further your friend should use the calculator to ensure they support their application as accurately as possible
 
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Cassiano

Hero Member
Dec 4, 2017
289
78
My friend got PR in 2001. He stayed in Canada for two weeks and left Canada.

Second time he entered Canada (Toronto ) in Sept 2016 on UK passport, no question were asked about PR. Only questioned asked were why you are here and when are you planning to leave. He was in Canada for one month and left Canada.

Third time he entered Canada from USA border in 15th Jan 2017. At that time he was questioned about PR. he gave the reason and explained the situation.
and was allowed to entered Canada. On 21st Jan 2017, he got the post mail that his PR status is reinstalled on H&C grounds. He is in Canada till date. He applied for PR card and date on PR card for Resident is 2001

Now he is applying for Citizenship and filling the form CIT 0407. The form is taking his Second visit as PR.

My question is about second visit. I think Second visit to Canada was as Visitor ? Please help how can he enter this problem on CIT 0407 form and in point 9 (b).
since he got PR,,, your friend, he in not visitor anymore, use, he seems to hide something weird.
USE on line physical presence... and please don't loose the passport is very common in this weird situation,,,
 

lossada

Hero Member
Sep 5, 2017
281
81
My friend got PR in 2001. He stayed in Canada for two weeks and left Canada.

Second time he entered Canada (Toronto ) in Sept 2016 on UK passport, no question were asked about PR. Only questioned asked were why you are here and when are you planning to leave. He was in Canada for one month and left Canada.

Third time he entered Canada from USA border in 15th Jan 2017. At that time he was questioned about PR. he gave the reason and explained the situation.
and was allowed to entered Canada. On 21st Jan 2017, he got the post mail that his PR status is reinstalled on H&C grounds. He is in Canada till date. He applied for PR card and date on PR card for Resident is 2001

Now he is applying for Citizenship and filling the form CIT 0407. The form is taking his Second visit as PR.

My question is about second visit. I think Second visit to Canada was as Visitor ? Please help how can he enter this problem on CIT 0407 form and in point 9 (b).
since 2001 he is Permanent Resident,,, not visitor anymore, PR status was reinstalled
USE on line physical calculator.
2015-2020 is the evaluation period for him, so he meets 1095 days in 5 years
remember in that case is 3 TAXES FILLED very important,,, in 5 years too
good luck