URGENT - Days Requirement for Citizenship - Are exceptions allowed on humanitarian grounds?

[akarshank]

Hi all,

I have been a PR for over 6 years now. During COVID-19, I was outside Canada for full 2 years (2020 and 2021) due to the lockdowns and travel restrictions. By end of January 2024 (next month), I will have been in Canada for 34 months or about (1020 days) for the 5-year period (1st February 2019 - 31st January 2024).

I will be short by about 60 days (2 months) for the 3-year requirement for citizenship eligibility. Can I still apply on humanitarian grounds citing COVID restrictions as a reason for not being able to meet the 1075 days criteria?

Look forward to the help and guidance. Thank you.

Regards,
A

 

[scylla]

Hi all,

I have been a PR for over 6 years now. During COVID-19, I was outside Canada for full 2 years (2020 and 2021) due to the lockdowns and travel restrictions. By end of January 2024 (next month), I will have been in Canada for 34 months or about (1020 days) for the 5-year period (1st February 2019 - 31st January 2024).

I will be short by about 60 days (2 months) for the 3-year requirement for citizenship eligibility. Can I still apply on humanitarian grounds citing COVID restrictions as a reason for not being able to meet the 1075 days criteria?

Look forward to the help and guidance. Thank you.

Regards,
A

Short answer is no. If you apply without sufficient days, it will be a refusal. The laws do not allow for this.

 

[Mitya-kun]

Unfortunately, physical presence requirements for citizenship are very strict: you can claim only the days you were physically on Canadian soil. Unlike for PR obligations, there're no exceptions (like accompanying your Canadian spouse), nor H&C grounds that could be taken into consideration.

You will have to wait until you have at least 1095 days in the past 5 years.

 

[akarshank]

Short answer is no. If you apply without sufficient days, it will be a refusal. The laws do not allow for this.

Thank you for your reply

 

[akarshank]

Unfortunately, physical presence requirements for citizenship are very strict: you can claim only the days you were physically on Canadian soil. Unlike for PR obligations, there're no exceptions (like accompanying your Canadian spouse), nor H&C grounds that could be taken into consideration.

You will have to wait until you have at least 1095 days in the past 5 years.

Thank you for your reply. Will wait and apply after 1095 days.

 

[CABA]

Thank you for your reply. Will wait and apply after 1095 days.

Take a buffer of 1-2 weeks if you can in case you have travelled a lot, to account for any short trips you could have missed in the calculations

 

[scylla]

Hi all,

I have been a PR for over 6 years now. During COVID-19, I was outside Canada for full 2 years (2020 and 2021) due to the lockdowns and travel restrictions. By end of January 2024 (next month), I will have been in Canada for 34 months or about (1020 days) for the 5-year period (1st February 2019 - 31st January 2024).

I will be short by about 60 days (2 months) for the 3-year requirement for citizenship eligibility. Can I still apply on humanitarian grounds citing COVID restrictions as a reason for not being able to meet the 1075 days criteria?

Look forward to the help and guidance. Thank you.

Regards,
A

Also - note that the residency requirement is 1095 days (not 1075 days).