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2 years of physical presence or being PR only?

Anford

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Hi, I really tried to search the forum as I'm sure there must be a clear answer here...somewhere... but couldn't find it :(

As for physical presence, people are eligible to apply after being PR for 2 years or only after being PR + physically spending 2 years in Canada as PR (2x 365 = 730 days).

My situation is that I have been PR more than 730 days but approx 50 days I've been away from the country however I do meet the criteria of 1,095 days (currently about 1130) but again as previously mentioned, I haven't physically been in the country for 2 years yet.

Should I wait until being PR for 730 days or can I apply already? o_O

Thank you! ;)
 

k.h.p.

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Mar 1, 2019
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Days you were in Canada as an authorized temporary resident count before becoming PR count as half days (with a maximum of 365 days total to be counted before you were PR). So if you're counting days before you became PR in your 1,130 days, you need to count them as half days.
 

Anford

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Oct 3, 2016
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Days you were in Canada as an authorized temporary resident count before becoming PR count as half days (with a maximum of 365 days total to be counted before you were PR). So if you're counting days before you became PR in your 1,130 days, you need to count them as half days.
Thanks for your answer however I'm asking if I need to be physically in Canada for at least 730 days as PR or only have PR status for 730 days with for example being in Canada only for 650 days is good enough. Thank you
 

k.h.p.

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I do not believe you need to have been a PR for 730 days to be eligible to apply. However, you need to have been in Canada physically for 1095 of the past five years.

Of the 1095, each day as a PR counts as 1 day and each day before you became a PR but still legally in Canada count as 0.5 days. You can only count a maximum of 365 days before PR, so you would need at least 730 days as PR to count. (you'd need 730 days as non PR as well)
 

k.h.p.

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For clarity, because you can only count a maximum of 365 days of NON-PR presence in Canada, you must necessarily have been a PR for at least 730 days
 

Anford

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I know, I'm sorry. Let me rephrase it... On CIC website they say "Please note that you cannot meet the physical presence requirement without a minimum of two (2) years as a permanent resident."

Do they mean to be physically in Canada for 2 years or only to be a Permanent resident for 2 years no matter how many days in the country as a PR?
 

k.h.p.

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Mar 1, 2019
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It means you need to (1) be a PR and (2) be in Canada for a minimum of two years as a PR.

You cannot meet the minimum requirement without having been in Canada for two years as a PR.

I explained the calculation above.
 

k.h.p.

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Mar 1, 2019
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In other words, since you can only count a maximum of 365 full days being in Canada without a PR, with each day count as 0.5 eligible days, if you spent 730 days in Canada without PR, you would have credit for 365 days.

Every one of these days needs to be eligible as counting towards physical presence.

You would then need 730 more, each of which would need to be as a PR. Each of these need to be physically in Canada, as per IRCC definition.
 

canuck78

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Jun 18, 2017
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Would be helpful if you wrote down the periods you have been in Canada and when you got PR. Obviously if you travelled a lot forget it my request will be too complicated.
 

k.h.p.

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OP only has presence in Canada for 650 days as PR per above.

Subtracting 650 clear creditable days from the 1095 required, a balance of 445 days required.

Assuming OP has 2+ years of physical presence in Canada without PR, OP can then credit 365 days towards the 445.

This leaves a balance of 80 days still required, each of which must be as PR since the maximum of 365 days as non PR have been used above.
 

k.h.p.

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Mar 1, 2019
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Additionally, OP says above they have 1130 days in Canada. 650 of those are PR.

If the remaining 480 are actually just 480 single days legally in Canada, they only count as 0.5 days each, so they'd be only 240 days that count.
 
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issteven

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You can't have qualified 1095 days if you have less than 730 days physical in Canada as PR. because the maximum days you can count as temporary resident is one year max. e.g. you stayed in Canada as temporary resident for 10 years, still one 365 days max can be used towards citizenship.

I know, I'm sorry. Let me rephrase it... On CIC website they say "Please note that you cannot meet the physical presence requirement without a minimum of two (2) years as a permanent resident."

Do they mean to be physically in Canada for 2 years or only to be a Permanent resident for 2 years no matter how many days in the country as a PR?
 

Bs65

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Mar 22, 2016
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Hi, I really tried to search the forum as I'm sure there must be a clear answer here...somewhere... but couldn't find it :(

As for physical presence, people are eligible to apply after being PR for 2 years or only after being PR + physically spending 2 years in Canada as PR (2x 365 = 730 days).

My situation is that I have been PR more than 730 days but approx 50 days I've been away from the country however I do meet the criteria of 1,095 days (currently about 1130) but again as previously mentioned, I haven't physically been in the country for 2 years yet.

Should I wait until being PR for 730 days or can I apply already? o_O

Thank you! ;)
After reading all the to be honest well intended but confusing answers maybe the easiest solution for the OP is to simply refer to the offical physical presence indicator where the guidance is pretty clear and can even fill in as a draft.

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

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Hi, I really tried to search the forum as I'm sure there must be a clear answer here...somewhere... but couldn't find it :(

As for physical presence, people are eligible to apply after being PR for 2 years or only after being PR + physically spending 2 years in Canada as PR (2x 365 = 730 days).

My situation is that I have been PR more than 730 days but approx 50 days I've been away from the country however I do meet the criteria of 1,095 days (currently about 1130) but again as previously mentioned, I haven't physically been in the country for 2 years yet.

Should I wait until being PR for 730 days or can I apply already? o_O

Thank you! ;)
Simply, yes, you must have spent at least 730 physical days in Canada AFTER becoming a PR.
 
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