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Calculating Physical Presence Requirement for citizenship

Zeeks

Member
Jul 22, 2012
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In a 5 year period i have to stay 3 years as a permanent resident to apply for citizenship.

However if u have lived for more than 2 years as a temporary resident it counts as one year towards the citizenship.
The minimum physical presence time is 2 years, but do i have 5 years or until the end of my pr card expiry to complete that 2 years or do i now only have 4 years to complete that 2 years physical presence requirment.

Eligible for maximum 365 days for temprorary worker

Pr since: 5 october 2017,
Left canada : 13 march 2018 ( 5 months counted)

Planning to stay till march 2020 in home country

Will i then be able to complete 1 year and 7 month in time?
 

xylene

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Apr 16, 2010
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Look at when you are planning to apply for Citizenship. Take 5 years prior to it.. check if you have 3 years of residency (by the way PR card expiry doesn't change your residency status, your residency is affected when you do not stay the minimum required number of days in Canada when you try to renew the card)
 

dpenabill

VIP Member
Apr 2, 2010
6,299
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In a 5 year period i have to stay 3 years as a permanent resident to apply for citizenship.

However if u have lived for more than 2 years as a temporary resident it counts as one year towards the citizenship.
The minimum physical presence time is 2 years, but do i have 5 years or until the end of my pr card expiry to complete that 2 years or do i now only have 4 years to complete that 2 years physical presence requirment.

Eligible for maximum 365 days for temprorary worker

Pr since: 5 october 2017,
Left canada : 13 march 2018 ( 5 months counted)

Planning to stay till march 2020 in home country

Will i then be able to complete 1 year and 7 month in time?
You are mixing PR Residency Obligation issues and grant citizenship eligibility. They are separate and independent, even though both focus largely on physical presence in Canada.


PR Residency Obligation:

For the PR RO, time in Canada (or out of Canada) prior to 5 October 2017 is totally NOT relevant. The way IRCC states the first five year Residency Obligation is that you need to be physically present in Canada at least 730 days between 5 October 2017 and 5 October 2022. I find it easier to calculate compliance by counting days absent: if at any time between 5 October 2017 and 5 October 2022 you are absent from Canada for more than 1095 days, that is a breach of the RO.

As for the plan to return to Canada by March 2020, that will meet the PR RO requirements. Just be aware that plans tend to change and typically change more than not. This forum is rife with scores and scores of tales of woe told by PRs who had plans to return to Canada well in time but in fact, due to this or that, ended up being abroad 1095 or more days before the fifth year anniversary of the date they landed. Moreover, even those who make the return "in time" often end up cutting-it-close which leads to various RISKS, including putting themselves in a situation where they cannot leave Canada for two straight years without breaching the RO . . . and then there is a family emergency back home or their employment involves some international travel, and they are in a pickle.


Meeting presence requirement to qualify for grant citizenship:

Only presence in Canada during the most recent FIVE YEARS count. This is calculated as of the date the application is made. (Note: citizenship requirements are subject to change; this is about current requirements.)

Days in Canada with temporary worker status WITHIN the FIVE year eligibility period count one-half day's credit for every day in Canada. Maximum is 365 days credit.

Days in Canada as a PR WITHIN the FIVE year eligibility period count a full day's credit for every day in Canada.

Total of both must add up to at least 1095 days.

However, since you plan to be absent for a full TWO YEARS prior to when you will become eligible for citizenship, the arithmetic alone indicates that you will NOT have much if any available credit based on days you were in Canada with temporary worker status. By the time you become eligible for citizenship most or all those days will be more than FIVE years past and thus outside the FIVE year eligibility period for calculating presence.

Practically speaking you are NOT likely to become eligible for citizenship until very late in 2022 at the VERY soonest. And that depends on returning to Canada by March 2020 and NOT leaving Canada for more than two and a half years.

In other words, given how little you have been in Canada since becoming a PR, as long as you are outside Canada for an extended period of time, trying to calculate when you will actually be eligible for citizenship is largely a waste of time. When you are back in Canada to stay, go to the online calculator and start playing with hypothetical dates . . . thus, if you are out of Canada until March 2020, after you return probably start using November or December 2022 as the very soonest hypothetical date you might apply and that will give you some idea.

BUT AS LONG AS YOU ARE STAYING OUTSIDE CANADA FOR A PERIOD OF YEARS, YOUR PRIMARY FOCUS SHOULD BE ON MAKING SURE TO COMPLY WITH THE PR RESIDENCY OBLIGATION. BEST TO NOT TAKE THIS FOR GRANTED.
 
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