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Visitor before becoming pr and now need to apply for my citizenship

lexxy

Hero Member
Jan 14, 2016
273
46
Visa Office......
cpc-mississauga
App. Filed.......
28 nov 2014
AOR Received.
6 feb 2015
Med's Done....
Upfront..20 jan 2016
LANDED..........
8 july 2016
Would really appreciate someone helping me out here.... i came into Canada as a visitor with 2years multiple entry but stamped 6 months at the port of entry... if am to calculate the eligibility period am i to count the whole 2years as 1yr or just the 6 months as 3 months? Thanks
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Would really appreciate someone helping me out here.... i came into Canada as a visitor with 2years multiple entry but stamped 6 months at the port of entry... if am to calculate the eligibility period am i to count the whole 2years as 1yr or just the 6 months as 3 months? Thanks
If you were legally AND physically present in Canada, you should count those physical presence days at the 0.5 rate for Pre-PR.
 

lexxy

Hero Member
Jan 14, 2016
273
46
Visa Office......
cpc-mississauga
App. Filed.......
28 nov 2014
AOR Received.
6 feb 2015
Med's Done....
Upfront..20 jan 2016
LANDED..........
8 july 2016
Thank you zardoz.
 

dpenabill

VIP Member
Apr 2, 2010
6,536
3,296
Recent anecdotal reporting tends to confirm that actually getting credit for time in Canada as a visitor can be tricky.

As @zardoz points out, the credit (half day credit for each day PRESENT) depends on the number of days ACTUALLY PHYSICALLY PRESENT, and the applicant has the burden of providing actual presence for all those days. Moreover, the applicant has the burden of showing valid status to be in Canada those days.

BUT it is likely that not all visitors are created equal. Visitors in Canada living with a Canadian spouse, for example, historically have more or less routinely been given the credit for the time they were visiting (again, depending on the number of days ACTUALLY PHYSICALLY PRESENT). In contrast, more casual visitors appear to be at risk, and at least one recent forum participant has reported the application being returned for not showing, on its face, sufficient presence, notwithstanding claiming the time the individual was present pursuant to a multi-entry multi-year visa (it is possible this individual failed to properly populate the presence calculator with information consistent with the requisite status information in the application itself).

Part of the difficulty may be rooted in the difference between other types of temporary status, which ordinarily involve situations where the individual comes to Canada to live for most of the period they are granted such status (work or study visas for example), even though just temporarily, versus the visitor who generally is expected to NOT live in Canada but to in fact be transitory (with, again, some obvious differences depending on the particular situation, such as individuals who have a spouse sponsored PR visa application in process and thus have dual intent while visiting, for whom it is probably easier to prove actual presence).

Reminder: it is strongly advised to have a comfortable margin over the minimum, anyway, and waiting longer to apply can often mean actually getting to the oath sooner, particularly if by waiting longer the case is clearly strong enough on its face to minimize the risk of non-routine processing related to questions about meeting the presence requirement. Many tend to focus on meeting the minimum requirements and underestimate more practical aspects of the process.
 

lexxy

Hero Member
Jan 14, 2016
273
46
Visa Office......
cpc-mississauga
App. Filed.......
28 nov 2014
AOR Received.
6 feb 2015
Med's Done....
Upfront..20 jan 2016
LANDED..........
8 july 2016
I actually came in 2014 june and got married 2014 October... i was ment to leave Canada 2014 December but I already got my inland spousal application in process... my focusing question is that when calculating for total present in Canada do i just calculate the 6months legally in canada or just the whole stay before getting my pr. thanks dpenabill.
 

dpenabill

VIP Member
Apr 2, 2010
6,536
3,296
I actually came in 2014 june and got married 2014 October... i was ment to leave Canada 2014 December but I already got my inland spousal application in process... my focusing question is that when calculating for total present in Canada do i just calculate the 6months legally in canada or just the whole stay before getting my pr. thanks dpenabill.
Legal status is a prerequisite for getting credit.

Thus, if you did NOT make an application to extend your stay (which is what many do and which I did myself, albeit over a decade ago now) or apply for an OWP with the spousal sponsored PR visa application, one might approach this as an interesting question leaning toward possibly. But my guess is odds are against getting credit. HOWEVER I am far from sure considering the inland visa application, for which to be eligible requires actual residence in Canada with the sponsor (I had an outland application in process notwithstanding being in Canada while it was processed; but I also obtained a Visitor Record extending my status as a visitor, even though eventually I did not rely on that time). After all, you were legally in Canada to the extent of the explicit policy pursuant to which inland spouse sponsored PR visa applicants are not ordinarily processed for removal absent other grounds of inadmissibility . . . but I do NOT know if that constitutes having legal status as such.

My bias leans heavily toward the prudence of waiting. I am ordinarily not good following what I preach, but in this regard personally I did. That was in large part because when it came time for me to apply for citizenship the Harper government had a huge sweeping RQ program in process (which is why and how I became obsessed with these issues), and given my personal circumstances (mostly related to being self-employed and providing services abroad, potentially inviting RQ type questions) I ended up waiting nearly two years beyond the date I initially met the qualifications. (Remember, before 2015 there was also pre-landing credit available.)

So, I do not know. My guess is credit only for the time specifically with status. My inclination would be to exercise caution and wait. Many are not nearly so cautious as I am in these matters.
 

lexxy

Hero Member
Jan 14, 2016
273
46
Visa Office......
cpc-mississauga
App. Filed.......
28 nov 2014
AOR Received.
6 feb 2015
Med's Done....
Upfront..20 jan 2016
LANDED..........
8 july 2016
Anyway thank you so much...