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730 days calculation and is days spent on Work permit prior to PR count towards 730 days

Pracsi

Full Member
Feb 2, 2021
22
17
Richmond
Category........
CEC
NOC Code......
2173
App. Filed.......
01-12-2020
AOR Received.
01-12-2020
Hello Folks,

reaching out to the community for inputs. I have spent 21 months on work permit before I received my PR and now have been on PR for 12 months. Will the days /portion of days spent on work permit can also be accounted towards 730 days or only days spent after PR is accounted. I have read in CIC for citizenship 1/2 of the days spent on work permit is accounted. Is it the same for PR 730 days criteria

Thank You!
 

dpenabill

VIP Member
Apr 2, 2010
6,284
3,046
Hello Folks,

reaching out to the community for inputs. I have spent 21 months on work permit before I received my PR and now have been on PR for 12 months. Will the days /portion of days spent on work permit can also be accounted towards 730 days or only days spent after PR is accounted. I have read in CIC for citizenship 1/2 of the days spent on work permit is accounted. Is it the same for PR 730 days criteria

Thank You!
There is NO credit toward PR Residency Obligation compliance based on days in Canada prior to the day the individual becomes a PR.

The PR Residency Obligation and credit toward meeting the qualifications for a grant of citizenship are totally separate. Days in Canada are counted, in both, including days partially in Canada (the day a PR leaves Canada counts as a day in Canada, no matter how early in the day the exit; likewise, the day a PR returns to Canada counts as a day in Canada, no matter how late in the day the entry).

While both regard a particular five year period of time, that is not necessarily the same five years. In particular, for calculating days in Canada for citizenship eligibility, the five year year time period for counting day is always (under current law) the five years immediately preceding the day the citizenship application is made.

For PR RO compliance:

Credit in calculating RO compliance during the first five years, beginning the day the person actually becomes a PR, depends on days present in Canada plus the number of days left on the calendar until the fifth year anniversary of the date of landing. No credit for days in Canada prior to landing. Basically, the new PR is in RO compliance unless or until the PR is abroad more than 1095 days during that first five year time period; if the PR is abroad more than 1095 (practically probably 1096) days before the fifth year anniversary of landing, it is then impossible (just arithmetic) for that PR to be in Canada at least 730 days during the first five years.

Just to complete the picture: Credit in calculating RO compliance as of the fifth year anniversary of the day the individual became a PR is always based on days in Canada (with exceptions not relevant here) during the five years immediately preceding the day the calculation is done. Obviously no credit for days prior to becoming a PR, not only because such days do not count, but also because they are more than five years past.