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PR - Citizenship: I'm in a weird grey area in the immigration system

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Andy85_

Star Member
Jul 28, 2020
67
28
Hi There,

I was wondering if anyone has been in a similar situation as myself, but here is a little spill on what's going on.

--------

I came to Canada as a student in 2011 Jan and finished school in May 2015 after which I got my work permit that would expire in 2018 April. I followed the Express Entry requirements and worked 2+ full-time years in my field within corporate from 2016 Oct. I decided to apply for Express Entry in 2017 but got declined. I redid the English tests again and applied for Express entry again I believe in December 2017 or Jan of 2018 and still got declined again.

I was left with no other option than to apply for H&C because my work permit was expiring in April 2018 (I also didn't want to go through refugee as I wanted the freedom to travel home with no issues and I'm the breadwinner In my family, my father is a widower and is in his late 60's and have 3 siblings to look out for and two grandparents as well who I haven't been able to see in 2010 and it's weighing me down emotionally and mentally). I got in touch with a lawyer to begin the process and I continued to work while putting my application together, even though my permit expired in April 2018. In January 2019 we submit the H&C documents and got a response that they had received.

I had now been without Status from April 2018 - Jan 2021 when I got my PR letter and PR Card. And now that I'm trying to make plans for citizenship, I was getting some consultation that I'd have to wait extra years again to be eligible for Citizenship.

This has put a strain on my life because I've never left Canada since I came as a student just so I can meet the requirements, I can't see my family back home and I pay tax and do everything right but the requirements for Citizenship are making it hard for my days to be counted because of the period I was out of status due to H&C processing wait time.

Any advice or anyone going through a similar situation and how are you handling it? are they case exemptions?
 
Andy85_ said:
Hi There,

I was wondering if anyone has been in a similar situation as myself, but here is a little spill on what's going on.

--------

I came to Canada as a student in 2011 Jan and finished school in May 2015 after which I got my work permit that would expire in 2018 April. I followed the Express Entry requirements and worked 2+ full-time years in my field within corporate from 2016 Oct. I decided to apply for Express Entry in 2017 but got declined. I redid the English tests again and applied for Express entry again I believe in December 2017 or Jan of 2018 and still got declined again.

I was left with no other option than to apply for H&C because my work permit was expiring in April 2018 (I also didn't want to go through refugee as I wanted the freedom to travel home with no issues and I'm the breadwinner In my family, my father is a widower and is in his late 60's and have 3 siblings to look out for and two grandparents as well who I haven't been able to see in 2010 and it's weighing me down emotionally and mentally). I got in touch with a lawyer to begin the process and I continued to work while putting my application together, even though my permit expired in April 2018. In January 2019 we submit the H&C documents and got a response that they had received.

I had now been without Status from April 2018 - Jan 2021 when I got my PR letter and PR Card. And now that I'm trying to make plans for citizenship, I was getting some consultation that I'd have to wait extra years again to be eligible for Citizenship.

This has put a strain on my life because I've never left Canada since I came as a student just so I can meet the requirements, I can't see my family back home and I pay tax and do everything right but the requirements for Citizenship are making it hard for my days to be counted because of the period I was out of status due to H&C processing wait time.

Any advice or anyone going through a similar situation and how are you handling it? are they case exemptions?
Click to expand...
If i understood you correct, you are permanent resident now via HC, so you can still travel home. On eligibility for citizenship, your temporary status on the last 5years count half day, to the maximum of 365days. In this case, the last 5years before you became PR will be 2020 since you will be eligible in 2025, or 2024 if you became PR in 2021. Unfortunately there is no exemption, but again you can still travel back home....
 
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Andy85_ said:
I had now been without Status from April 2018 - Jan 2021 when I got my PR letter and PR Card. And now that I'm trying to make plans for citizenship, I was getting some consultation that I'd have to wait extra years again to be eligible for Citizenship.

This has put a strain on my life because I've never left Canada since I came as a student just so I can meet the requirements, I can't see my family back home and I pay tax and do everything right but the requirements for Citizenship are making it hard for my days to be counted because of the period I was out of status due to H&C processing wait time.

Any advice or anyone going through a similar situation and how are you handling it? are they case exemptions?
Click to expand...

For adults, there is no realistic exception for the physical presence requirement, for which credit depends on having status, full day credits for days in Canada as a Permanent Resident, and half day credit for days in Canada with Temporary Resident Status. NO credit for days in Canada without status.

That's it. There are no H&C exceptions.

If you were without status for years right up to the day before you became a PR, there is no way to become eligible for a grant of citizenship until you have been a PR for at least three years, and after becoming a PR have been physically present in Canada at least three years (as a PR) within the previous five years. Again NO exceptions.

I hesitate to mention it, since it is not at all worth pursuing, since the situation you describe is not anywhere near in the ballpark, and indeed does not appear to be anywhere near a parking lot in another province far from the city where the ballpark is, but there is a path to citizenship which does not depend on meeting the physical presence requirement, which involves making an application pursuant to Section 5(4) in the Citizenship Act, which provides:
Despite any other provision of this Act, the Minister may, in his or her discretion, grant citizenship to any person to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada.​

This requires making a special application (not a Section 5(1) application), for which I have not been able to find a form. Which is a clue.
 
Andy85_ said:
Hi There,

I was wondering if anyone has been in a similar situation as myself, but here is a little spill on what's going on.

--------

I came to Canada as a student in 2011 Jan and finished school in May 2015 after which I got my work permit that would expire in 2018 April. I followed the Express Entry requirements and worked 2+ full-time years in my field within corporate from 2016 Oct. I decided to apply for Express Entry in 2017 but got declined. I redid the English tests again and applied for Express entry again I believe in December 2017 or Jan of 2018 and still got declined again.

I was left with no other option than to apply for H&C because my work permit was expiring in April 2018 (I also didn't want to go through refugee as I wanted the freedom to travel home with no issues and I'm the breadwinner In my family, my father is a widower and is in his late 60's and have 3 siblings to look out for and two grandparents as well who I haven't been able to see in 2010 and it's weighing me down emotionally and mentally). I got in touch with a lawyer to begin the process and I continued to work while putting my application together, even though my permit expired in April 2018. In January 2019 we submit the H&C documents and got a response that they had received.

I had now been without Status from April 2018 - Jan 2021 when I got my PR letter and PR Card. And now that I'm trying to make plans for citizenship, I was getting some consultation that I'd have to wait extra years again to be eligible for Citizenship.

This has put a strain on my life because I've never left Canada since I came as a student just so I can meet the requirements, I can't see my family back home and I pay tax and do everything right but the requirements for Citizenship are making it hard for my days to be counted because of the period I was out of status due to H&C processing wait time.

Any advice or anyone going through a similar situation and how are you handling it? are they case exemptions?
Click to expand...

The forum experts have given you options but I just wanted to say that I totally sympathise with your need to see Family. A lot of people don't understand how difficult it is for migrants in this situation. Canada wants young people to join its workforce, and invariably they will have parents, grandparents and other dependent siblings in their home countries, and being separated for 10+ years is very difficult, especially when one has caring responsibilities.

Emotional and psychological health is very important. You can certainly go see your family for some time, as long as you maintain your pr residency requirements. You would also need to get a PCC if you're away for more than 6 months continuously in one location, for citizenship purposes. Be sure to keep filing taxes with CRA.

I hope you find a solution that works.
 
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