My wife was first a visitor (no visa needed) and then she extended her visitor status twice before becoming PR. I need help interpreting the following to calculate eligibility for citizenship application:
I concur in the observations by
@Bs65, in particular that so long as the individual has status to be in Canada and the days actually present in Canada are within the five year eligibility period, they count . . . half-day credit for those prior to day of landing and becoming a PR.
And I concur that DOCUMENTED visitor STATUS counts.
There is, however, MORE TO CONSIDER IN DECIDING WHEN IS THE RIGHT TIME TO APPLY. Especially if the prospective applicant aims to submit an application less likely to bump into delays or non-routine processing.
THUS, the longer explanation:
Be aware of the differences between:
-- days technically eligible for credit (days physically present and with status)
-- days readily recognized as during period applicant had status (documented status)
-- days readily recognized as days present in Canada
-- days readily PROVEN as days present in Canada
And, take the above into consideration in assessing differences between:
-- technically meeting the presence requirement
-- proving the presence requirement has been met (if there is a need to do this)
-- submitting an application which is less likely to encounter questions or concerns about meeting the presence requirement (avoiding queries about let alone the need to overtly prove presence)
There is a tendency to make the decision about when to apply based on reaching the threshold counting those days the prospective applicant is technically eligible for credit (days physically present and with status). Technically that works. And that
USUALLY works UNLESS there is something about the applicant or application triggering non-routine processing.
HOWEVER, many times waiting longer to apply can mean actually taking the oath and becoming a citizen happens SOONER . . . that is, the actual date one becomes a citizen can be sooner by waiting to apply later. Really.
This forum is rife with tales of delayed processing (and more than a little whining to accompany those tales). Most tend to blame IRCC. My impression is that scores of those bogged down with slowly-progressing applications are those who made the decision about when to apply based on when they reached the threshold counting those days the prospective applicant is technically eligible for credit.
It warrants recognizing that there is NO way to guarantee the application will enjoy smooth, fast sailing, NO way to guarantee avoiding delays, non-routine processing, or even RQ-related processing.
IN CONTRAST, however,
the best chance for smooth, fast sailing is to make a conscientious effort to submit an application which is less likely to encounter questions or concerns about meeting the presence requirement, thus taking into consideration the factors and distinctions I outline above.
For a prospective applicant relying on pre-PR credit, for example, it is better to rely on a calculation of days for which the individual has ACTUAL DOCUMENTATION of STATUS. If the individual has actual documentation (visa, permit, or Visitor Record, or such), IRCC's records should readily show the individual's status for that period of time.
Sure, a visa-exempt visitor waived into Canada TECHNICALLY is entitled to credit for those days. Similarly, a temporary resident with IMPLIED status for part of their pre-PR presence is TECHNICALLY is entitled to credit for those days. BUT if IRCC does not readily connect the client/applicant to status for a period of time, that is likely to trigger the need for additional inquiries, leading to non-routine processing AND DELAYS.
The applicant can and should include all such days in the calculation itself. They do count. The calculation should be an accurate accounting of all days actually in Canada. However, not relying on undocumented days for when to apply, for example, makes for building a good buffer and significantly improves the odds IRCC will not have concerns.
Thus, for example, if a person was waived into Canada as a visitor without specifically documenting status and entry date (without a Visitor Record for example), and less than six months later applied for an extension and then obtained a Visitor Record: waiting an additional three months to apply for citizenship overrides any doubt or concern about credit for that period prior to obtaining a VR. And there are good odds this can make the difference between a timeline (application-to-oath) of six or eight months, versus 11 to 14 months. No guarantees of course. BUT at the same time the applicant has the additional buffer, some insurance, just in case the application runs into more serious issues. Waiting is the good bet.
All that said, for the applicant who is the spouse of a long-term settled in Canada citizen of Canada, that is a very strong residential tie tending to solidly support the applicant's calculation of presence. Usually, but not always, such applicants have a more solid case on its face than, say, others relying on visitor days. Waiting to rely on well-documented days will still buy some insurance, and again is still the good bet.
(Note: there are of course additional factors related to the other distinctions identified, which would loom larger in other situations. A single applicant with no immediate family in Canada, for example, may want to focus (primarily rely) on days in Canada while employed full time (or at least attending school or engaged in some other readily documented activity) in calculating how long to wait to apply past the date he or she meets the technical threshold for qualifying.)
