Citizenship - not mantaining physical presence since application

[aespi]

Hello! I need your advice on this.

After 2,5yrs of wait, I have now (Nov 17) received a letter "INVITATION TO AN INTERVIEW WITH A CITIZENSHIP OFFICIAL AND VERIFICATION OF IDENTITY/DOCUMENTS", to attend on December 1st, in person (says in email, not in letter), in Scarborough. I am currently outside of Canada, and have been since I submitted application (august 2019) due to my mother's illness.

My doubt is, if I now no longer meet the requirement of physical presence for PR (1,095days in last 5 years), as much time has passed while they worked on my citizenship file and I've been abroad, does this make me ineligible for Citizenship? I am trying to decide whether to travel to Canada for interview or it is not worth it as I may not be considered for citizenship anymore.

Any advice and all information are welcome, as I don't have much time to make a decision. Thank you!

Details on my application in my signature below.
(PR since Apr 17, 2016, card expired since June 10, 2021)

 

[wink]

if I now no longer meet the requirement of physical presence for PR (1,095days in last 5 years),

First of all, PR residency requirement is 730 days:

To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years. These 730 days don’t need to be continuous.

https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

[aespi]

First of all, PR residency requirement is 730 days:

To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years. These 730 days don’t need to be continuous.

https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

Thank you for the clarification, I have 456 days of presence in last five years.

 

[scylla]

Hello! I need your advice on this.

After 2,5yrs of wait, I have now (Nov 17) received a letter "INVITATION TO AN INTERVIEW WITH A CITIZENSHIP OFFICIAL AND VERIFICATION OF IDENTITY/DOCUMENTS", to attend on December 1st, in person (says in email, not in letter), in Scarborough. I am currently outside of Canada, and have been since I submitted application (august 2019) due to my mother's illness.

My doubt is, if I now no longer meet the requirement of physical presence for PR (1,095days in last 5 years), as much time has passed while they worked on my citizenship file and I've been abroad, does this make me ineligible for Citizenship? I am trying to decide whether to travel to Canada for interview or it is not worth it as I may not be considered for citizenship anymore.

Any advice and all information are welcome, as I don't have much time to make a decision. Thank you!

Details on my application in my signature below.
(PR since Apr 17, 2016, card expired since June 10, 2021)

As said above, there is no need to still meet the 1095 day requirement. The key question is whether you still meet the 730 day requirement (PR RO).

 

[aespi]

As said above, there is no need to still meet the 1095 day requirement. The key question is whether you still meet the 730 day requirement (PR RO).

Thank you for the clarification, I only have 456 days of presence in last five years. Does this mean that I don't have options for citizenship anymore and should abandon application?

 

[bellaluna]

Thank you for the clarification, I only have 456 days of presence in last five years. Does this mean that I don't have options for citizenship anymore and should abandon application?

Yes, withdraw your citizenship application as you no longer qualify. There is no going around it. They are very stringent on the physical presence/PR requirement for citizenship.

this is possibly why you were selected for an in-person interview, to verify your whereabouts.

If you need to return to Canada to attempt to revive your PR, you could try for a PRTD on H&C grounds (no guarantee) or enter with a US visa through a US land border (also no guarantee you won’t be reported by CBSA for failing to comply with the PR physical presence requirement).

 

[wink]

Yes, withdraw your citizenship application as you no longer qualify. There is no going around it. They are very stringent on the physical presence/PR requirement for citizenship.

this is possibly why you were selected for an in-person interview, to verify your whereabouts.

If you need to return to Canada to attempt to revive your PR, you could try for a PRTD on H&C grounds (no guarantee) or enter with a US visa through a US land border (also no guarantee you won’t be reported by CBSA for failing to comply with the PR physical presence requirement).

At the time of submitting the (citizenship) application, OP might have met 1095 days requirement? If so, it is still valid right? If so, the immediate problem is how OP can come back to Canada, right? I am not sure 456 days is enough and would it be possible to get a PRTD.

 

[bellaluna]

At the time of submitting the (citizenship) application, OP might have met 1095 days requirement? If so, it is still valid right? If so, the immediate problem is how OP can come back to Canada, right? I am not sure 456 days is enough and would it be possible to get a PRTD.

Maintaining PR status (730 days of physical residence in the last rolling 5 years) throughout the citizenship application is a requirement. We’ve seen people who’d been waiting for years, who had the 1095 days at the time of application, and got called up for their oaths been denied at that point because they failed to maintain their PR status up to the point of the oath.

this questionnaire will tell you you’re not eligible for citizenship if you say you’d been out of Canada for more than 730 days in the last 5 years.

https://www.cic.gc.ca/english/citizenship/check-eligibility.asp

that’s why I mentioned H&C reasons for the PRTD, if OP’s reason for being out of Canada was to tend to their mother. Very long shot and I don’t even know if it will work for PRTDs.

 

[wink]

Maintaining PR status (730 days of physical residence in the last rolling 5 years) throughout the citizenship application is a requirement. We’ve seen people who’d been waiting for years, who had the 1095 days at the time of application, and got called up for their oaths been denied at that point because they failed to maintain their PR status up to the point of the oath.

this questionnaire will tell you you’re not eligible for citizenship if you say you’d been out of Canada for more than 730 days in the last 5 years.

https://www.cic.gc.ca/english/citizenship/check-eligibility.asp

that’s why I mentioned H&C reasons for the PRTD, if OP’s reason for being out of Canada was to tend to their mother. Very long shot and I don’t even know if it will work for PRTDs.

Got it. Thanks.

 

[wink]

Maintaining PR status (730 days of physical residence in the last rolling 5 years) throughout the citizenship application is a requirement. We’ve seen people who’d been waiting for years, who had the 1095 days at the time of application, and got called up for their oaths been denied at that point because they failed to maintain their PR status up to the point of the oath.

this questionnaire will tell you you’re not eligible for citizenship if you say you’d been out of Canada for more than 730 days in the last 5 years.

https://www.cic.gc.ca/english/citizenship/check-eligibility.asp

that’s why I mentioned H&C reasons for the PRTD, if OP’s reason for being out of Canada was to tend to their mother. Very long shot and I don’t even know if it will work for PRTDs.

But the link you shared is to see whether someone eligible to apply. But I understand that one need to maintain PR Status till the oath day.

 

[bellaluna]

But the link you shared is to see whether someone eligible to apply. But I understand that one need to maintain PR Status till the oath day.

What about this link then? It’s the very first requirement: be a permanent resident, which implies the PR residency requirement.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=355&top=5

Just to add it is still possible to keep PR status while being outside of Canada, but I doubt OP is eligible for that scenario at all.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

 

[aespi]

Thank you all!
If I were to apply for PRTD on H&C grounds, given that my interview date is December 1st, what would be the smartest to do? Should I ask to postpone interview and explain I am applying for the PRTD? Or should I ask for an online interview and see if they accept? I have the sense that they want in-person to ask me for fingerprints again.
I read you. Thanks again.

 

[trumprefugee]

What about this link then? It’s the very first requirement: be a permanent resident, which implies the PR residency requirement.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=355&top=5

Just to add it is still possible to keep PR status while being outside of Canada, but I doubt OP is eligible for that scenario at all.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

But the link you shared is to see whether someone eligible to apply. But I understand that one need to maintain PR Status till the oath day.

The PR requirement is to

• be a permanent resident (when you apply), and
• not lose PR status before you take the Oath of Citizenship

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=911&top=5

You can use PR status only through an official process. You do not automatically lose PR status for being abroad, having an expired PR card, or not fulfilling the residency obligation:
Even if you don't meet the residency obligation, you are still a PR until an official decision is made on your status.
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

Now I do agree that @aespi probably got this interview request due to being outside Canada for a while, which is also one reason for lengthy delays (although not the only reason - lots of 2019 and 2020 applicants have been severely delayed despite not having left Canada at all). This means that returning to Canada, or rather applying for a PRTD due to PR card being expired, will likely trigger an investigation and proceedings to revoke PR status. The citizenship application will be put on hold during the process.

Thank you all!
If I were to apply for PRTD on H&C grounds, given that my interview date is December 1st, what would be the smartest to do? Should I ask to postpone interview and explain I am applying for the PRTD? Or should I ask for an online interview and see if they accept? I have the sense that they want in-person to ask me for fingerprints again.
I read you. Thanks again.

I agree that you will need to apply for PRTD on H&C grounds, and you should reply to the interview email and explain your situation, that you are outside and your PR card is expired and you need to apply for PRTD. You can ask for online interview, but I suspect they will put your application on hold in any case pending resolution on your PR status.