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When does time spent in Canada without PR count? 

russ
russ
Posts: 1


Posted On: 12/12/2020
russ
russ
Posts: 1
Hi,

I have been in Canada since August 2015. On a study permit, then on a Post Graduate work permit and now on an open work permit. When I get my PR (should be soon), does the time as a non-permanent resident count towards the citizenship calculator. I've heard from sources it does, but just looking for confirmation
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Lahbib70
Lahbib70
Posts: 61


Posted On: 12/14/2020
Lahbib70
Lahbib70
Posts: 61
Hi,
According to IRCC, each day you spent physically in Canada as a temporary resident within the last five years before becoming a PR, will count as one half day, with a maximum of 365 days towards your physical presence. Which means you still needs to be in Canada physically for at least two years as a PR.
Temporary resident status includes lawful authorization to enter or remain in Canada as a:
• Visitor,
• Student,
• Worker


Thanks.


russ wrote:
Hi,

I have been in Canada since August 2015. On a study permit, then on a Post Graduate work permit and now on an open work permit. When I get my PR (should be soon), does the time as a non-permanent resident count towards the citizenship calculator. I've heard from sources it does, but just looking for confirmation
link
Moderator
Moderator
Moderator
Posts: 4093


Posted On: 12/31/2020
Moderator
Moderator
Moderator
Posts: 4093
Hi there,

In addition to what Lahbib70 has shared, you may also find it helpful to use IRCC’s Physical Presence Calculator as a resource to help you calculate your residency requirement. Please note, this resource is intended to calculate physical presence for citizenship applications. The residency requirement for citizenship requires physical presence in Canada for 1,095 days.


When calculating your time in Canada:
  • Each day you were physically present in Canada after you became a permanent resident counts as one day.;
  • Each day you were physically present in Canada as an authorized temporary resident or protected person before you became a permanent resident counts as half a day (up to a maximum of 365 days);”



While calculating your physical presence for citizenship, each day spent in Canada as a temporary resident will count as a half-day (up to a maximum of 365 days).

You may want to contact the local visa office or IRCC via web form to get more details about calculating the physical presence requirement. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer for advice regarding your situation.


We hope this information is helpful. If you have any additional questions, please feel free to post them here.


Sincerely,


Your Settlement.Org Team
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salammbo
salammbo
Posts: 1


Posted On: 1/1/2021
salammbo
salammbo
Posts: 1
Hello,
Me, my wife and my two kids we are Tunisians and immigrated to Canada in 16/12/2011, stayed there up to 22/08/2013. due to my parents health and my father car accident, we left Canada to Tunisia in the hope to retuning soon. Now ou PR card were expired (12/2017) and we want to go back mainly my older kid (15 years old), he want to return to canada and his attitude in class, at home and everywhere changed to worse, and everyday he blame us for taking this decision.
Please if there are similar situation or any advice
Regards

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Moderator
Moderator
Moderator
Posts: 4093


Posted On: 1/20/2021
Moderator
Moderator
Moderator
Posts: 4093
Hi there,

Thank you for sharing your question and situation with us.

Based on information on the IRCC website, you and your family will likely need to apply for a Permanent Resident Travel Document to return to Canada.

According to the IRCC Help Centre article What happens if my permanent resident card expires while I am outside Canada?:
If you’re outside Canada and don’t have a valid PR card, you need a permanent resident travel document (PRTD) to return to Canada. You can only apply for a PRTD from outside Canada. If you try to return to Canada without a PR card or PRTD, you may not be able to take your flight, train, bus or boat to Canada.


You may find useful information in the article on Settlement.Org, What are the residency requirements for permanent residents (PRs)? Here is an excerpt:

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.


This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.


In terms of the process when re-entering Canada, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.

IRCC may take humanitarian and compassionate reasons into consideration for your extended stay outside of Canada. However, this is up to IRCC and it would be best for you to contact the local visa office or IRCC via web form to get more information about your specific application and the kind of supporting documents that may be required. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer about your situation.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Settlement.Org Team
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