Gap in 5 year Status for Citizenship application

[phillyphil]

In the citizenship application question #9B asks “During your five (5) year eligibility period did you have Temporary Resident or Protect Person Status in Canada before becoming a permanent resident?” My answer was “Yes” and if “Yes” I was asked to provide details of my status for the last 5 years.

I have provided those details. However, in my most recent work permit prior to becoming a permanent resident I was a territorial nominee; when I applied for this work permit my employer also had to go on the IRCC employer portal and fill out some forms. My employer entered the wrong exemption code while filling out the form. When I submitted my most recent work permit application, it got refused because my employer entered the wrong exemption code. Once that was fixed, I was issued another work permit while I was applying to become a PR. Make sense?



In question 9B a chart is provided asking for my status, start date and end date of the status for the past 5 years. My refusal notification before I got my most recent work permit came on 2016-12-22 (yyyy-mm-dd) and my work permit at the time was expiring on 2017-01-08. We re-submitted on 2017-01-03 and I received a new work permit on 2017-03-10 (this is the issued date).

My question is about this gap in my status without a work permit. The gap is 2017-01-09 to 2017-03-09. That is exactly a 2 month gap. Is that gap implied status, pending a decision on a submitted application? Or what is it? How do I account for it in the chart in question 9B of the citizenship application?



Once again, thank you for your responses. Much appreciated.

 

[phillyphil]

Hello,

I asked the question a while back and I am wondering if anyone can please help me with some answers.

Thank you again.

 

[phillyphil]

Is this:

My question is about this gap in my status without a work permit. The gap is 2017-01-09 to 2017-03-09. That is exactly a 2 month gap. Is that gap implied status, pending a decision on a submitted application? Or what is it? How do I account for it in the chart in question 9B of the citizenship application?

Thanks.!

 

[smash1984]

i don't think anybody has had the experience of that in this forum

 

[smash1984]

but if I were to venture a guess then it should probably fall under implied status.

 

[GLMESH0101]

Many people have a gap in temporary status while waiting for study or work permit. What did you write on your application ?

 

[HarmanSingh1313]

Write this in your explanation letter. You should be fine as implied status is a legal term to protect expired status temporary residents. Dont worry

 

[rajkamalmohanram]

In the citizenship application question #9B asks “During your five (5) year eligibility period did you have Temporary Resident or Protect Person Status in Canada before becoming a permanent resident?” My answer was “Yes” and if “Yes” I was asked to provide details of my status for the last 5 years.

I have provided those details. However, in my most recent work permit prior to becoming a permanent resident I was a territorial nominee; when I applied for this work permit my employer also had to go on the IRCC employer portal and fill out some forms. My employer entered the wrong exemption code while filling out the form. When I submitted my most recent work permit application, it got refused because my employer entered the wrong exemption code. Once that was fixed, I was issued another work permit while I was applying to become a PR. Make sense?



In question 9B a chart is provided asking for my status, start date and end date of the status for the past 5 years. My refusal notification before I got my most recent work permit came on 2016-12-22 (yyyy-mm-dd) and my work permit at the time was expiring on 2017-01-08. We re-submitted on 2017-01-03 and I received a new work permit on 2017-03-10 (this is the issued date).

My question is about this gap in my status without a work permit. The gap is 2017-01-09 to 2017-03-09. That is exactly a 2 month gap. Is that gap implied status, pending a decision on a submitted application? Or what is it? How do I account for it in the chart in question 9B of the citizenship application?



Once again, thank you for your responses. Much appreciated.

If you had a pending application during that time, then you would have been on implied status IMO. Write an explanation letter explaining in detail on what happened and explain this to the officer. I think you should be good.

 

[dpenabill]

Many people have a gap in temporary status while waiting for study or work permit. What did you write on your application ?

While I was in Canada as a visitor during a period of time when temporary status was given credit (albeit under the older residency requirement provisions, not the current actual physical presence requirements), I waited long past the time those days would be relevant to apply (by the time I applied, my entire eligibility period was AFTER I had become a PR). So I am not responding based on personal experience.

Write this in your explanation letter. You should be fine as implied status is a legal term to protect expired status temporary residents. Dont worry

If you had a pending application during that time, then you would have been on implied status IMO. Write an explanation letter explaining in detail on what happened and explain this to the officer. I think you should be good.

I am not sure what part of the application this is about, or what being "fine" or "good" means.

Most of the questions in the application are straight-forward and applicants will be OK answering the question as best they can based on what they understand the question is and based on the applicant's best understanding of the facts.

If However This Question is About Getting Credit Toward the Actual Physical Presence Requirement for Days In Canada with Implied Status:

It is NOT clear that days in Canada with implied status count. Even if some applicants have gotten credit for their days in Canada with implied status, there are reports that SOME HAVE NOT GOTTEN CREDIT for these periods of time.

The reports are too sporadic to extrapolate just how the rules work in regards to implied status days. But the reports are sufficient to recognize that getting credit for the implied status days depends on the individual's GCMS record showing the individual had temporary resident status during that period of time. I do not know how an individual confirms this.

While the reporting has been sporadic, so it is not entirely clear, it appears that the best, safest approach, is to WAIT to apply so it does not matter if those days are counted or excluded.

This is based on reports from some applicants relying on credit for days in Canada they had implied status, and whose applications were returned with a notice saying they did not meet the minimum physical presence requirement.

In other words: If the total number of days credit for implied status days, if credited, adds up to, say, something like 75 days credit, WAIT to apply with a margin of at least 75 extra days credit . . . and it would be prudent to add at least a week more to this, and in my view at least an additional month.

You can and should still list the days. Referring to the type of status and dates in the chart provided in item 9.b. in the application. And include them in the presence calculator. But then have a margin, a buffer, over the minimum requirement equal to at least the total number of credits for those days plus 30 (my view) or at least plus 7 to 10 (a common view in this forum).

While it is not precisely the same situation, it warrants noting, for example, that even though visa-exempt Foreign Nationals are allowed into Canada as visitors for up to six months without being issued a formal TRV, and thus are legally in Canada, and they have the temporary resident status of a visitor while they remain in Canada, reports are consistent that applicants relying on credit for such periods of time will have their application returned with notice they do not meet the minimum presence requirement. This is because GCMS does not show the issuance of Temporary Resident status for that period of time.

Explaining Why it Works, or at Least Sometimes Works This Way:

I have discussed why before, more than once, in other topics. Without revisiting the details, one thing some may overlook is that there is a difference between being in Canada legally versus having been issued formal temporary resident status. Remember, applicants have the burden to prove BOTH that they were physically present in Canada AND that the applicant had temporary resident status those days.

Most applicants rarely face questions about the dates of their status. Applicants are rarely compelled to overtly prove their status and the dates. This is because the individual's GCMS will readily verify the applicant's status, for all TRVs and related permits, as well as the date PR status was issued.

In particular, it is clear that in screening applications for completeness, IRCC relies on dates of status in the individual's GCMS records. It is possible that some periods of implied status show up in the GCMS record. But it is also apparent that quite often the individual's GCMS record does not show that person had temporary resident status during a period they period of time they had implied status. Absent a GCMS record verifying status for a particular period of time, IRCC appears to simply conclude the applicant fails to meet the burden of proving status during that period of time.

It is possible an applicant could contest this. Demand the application be processed anyway. Have the application proceed through non-routine processing. Submit evidence and an explanation that might be accepted as proof the applicant had status during that period of time despite it not being of record in GCMS. And succeed. Eventually being approved and granted citizenship. But that route would be a big inconvenience and take a lot, lot longer than simply waiting to apply later. Especially since each day in Canada going forward will make up for two of those implied status days.