I'm currently in the process of applying for citizenship. I've got my requisite number of days since getting my PR, but when you have to account for the past five years I'm a bit confused. I came in in 2015 on a tourist visa, and overstayed for six months before applying for PR. Obviously I put all this on my PR application, and it's sorted as I have my PR, but do the days I was in Canada before applying/during applying for PR count as the half days if I was here illegally? When do I start counting from?
Physical presence - overstayed visa
- Thread starter neondino
- Start date
Exception scenarios like yours are difficult to tell since there's not a lot of public info for Canadian status violations. For example, in the US, there's extensive discussions on the internet going back to the early 2000s on status violations, timely-filed applications, cured violations etc.
I'd suggest getting a consultation from a qualified attorney (even if you're not filling the entire application using their service) but be aware they might try to use your situation to charge a lot so pick the good ones.
Having said that, my guess would be unless IRCC told your temp resident status was retroactively reinstated for the status violation period, I wouldn't include it in the calculation. That would be the right move especially when it seems you have enough days without that. (You should still be able to include the first six months you spent in proper TR status if that still falls within your eligibility period). And also I'd communicate all this properly in the letter of explanation.
Another option is to wait until the status violation period is entirely outside the eligibility period but that's a very personal decision. And since IRCC already knows all your immigration history I don't think that kind of wait will be any productive.
