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time stayed in with interval, how to calculate?

WY

Full Member
Jul 26, 2013
30
0
Dear knowledge fellows,
I have entered Canada in 2011 May with work-permit and got my PR on April 2014, then left for about one year and four months. Back to Canada on 1 Sep 2015 and will stay here till the citizenship. I just wondering how to calculate my time of stay? Starting from 1 Sep 2015 for three years or 2 years from 1 Sep 2015 plus the one year when I was with working permit?

thanks for the advice
WY
 

alhotmany

Star Member
May 6, 2011
55
1
124
Canada
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
April 28,2015
AOR Received.
Not yet
File Transfer...
Not yet
The time will be calculated since you became a permenant resident of Canada . Use the online tool to tell you when you will be eligible for applying to citizenship .
https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do
 

zegerman

Newbie
Mar 14, 2016
2
0
Hi WY,

as hopefully the new rule (under bill C-6) will be 3 out of 5 years, you should be able to calculate one year as temporary resident from 2011, and then two years as PR starting September 2015. Keep in mind that if you apply in September 2017, you should start counting your time from September 2012 as the application has to be 5 years preceding the application. Assuming you didn't have any further absences other than the one you have stated, you should be okay in terms of days by September 2017. Anyone correct me if I am wrong.

I have a very similar timeline and a question regarding absences.

I became a temporary resident in June 2011, and I became permanent resident in April 2014. I am wondering now if (assuming the new law is passed), how to calculate my absences. I have quite a few as I see my family a lot. I had about 90 absent days as temporary resident (from June 2011-April 2014), which will still put me at 365 days overall, as I was a TR for almost 3 years. As of now, I have about 100 absent days as PR (April 2014-today).

Question:
do I calculate the absent days as a whole (no matter if TR or PR)? Or do I calculate my absent days as TR and PR separately? Meaning:

Calculation 1
Time spent as TR in Canada MINUS absence as TR in Canada (max. 365 days)
Plus
Time spent as PR in Canada MINUS absence as PR in Canada

Calculation 2
Time spent as TR (max. 365 days) + Time spent as PR
Minus
Absence as TR + Absence as PR

Does this make sense? Thanks a lot!
 

zegerman

Newbie
Mar 14, 2016
2
0
I might be able to answer my own question ;-)

dpenabill says in another topic:

"As Politren and Diplomatru have observed, the full period considered is limited to the five years immediately prior to the date of applying.

While Rusty53's observation is correct on the key element that the maximum credit for pre-landing time is 365 days, thus only two years of presence prior to landing counts, that two years of presence can occur in a span of up to three years. In other words, unlike how it was under the previous 3/4 rule, in which every day absent in the two years prior to landing meant having to be present two more days after landing before qualifying, the proposed 3/5 rule will not in effect penalize students or temporary workers for occasional absences in the two to three years prior to landing.

Obvious example: for a student who was in Canada three years (or close to three years) prior to landing, and who went to home country for total of 60 days during the two years prior to landing and becoming a PR:
-- under old 3/4 rule, the absolute soonest this person could qualify (per physical presence rule) would be 2 years and 120 days after landing, and add (approximately, since actual arithmetic would depend on precise dates of absence) two more days for each day absent after landing and before applying
-- under proposed 3/5 rule, the soonest this person could qualify would be exactly 2 years after landing, and add only one day more for each day absent after landing

Overall, old 3/4 pre-landing rule involved adding two days more presence after landing for each day absent in the two years prior to landing (up to not qualifying for any credit for pre-landing time), whereas no additional days need to be added after landing despite absences prior to landing, for up to a year of absences within the preceding three years (but still within five years of the date of applying).

This is a rather generous, liberal path to citizenship for those who initially come to Canada with temporary status."

Which would make my calculation 1 correct, because absences prior to becoming a PR do not count as a whole as long as you've made the 365 days (half days!). As soon as you have 365 days as a TR, you only have to make up for absences from the time you became a PR. So technically if I became a PR in April 2014, I should be able to apply for citizenship in April 2016 + additional days for every day absent as PR (in my case 100 days).

Correct? If new law passes, that is.