Many eligible candidates who immigrate to Canada from India are also successful in receiving the Canada PR from India. This is after having fulfilled the Canada PR eligibility. Some of them also choose to apply for Citizenship of Canada.
Applicants of Citizenship of Canada are required to fulfill the residency requirement for a successful application. This means they must have lived in Canada for a minimum of 3 years or 1095 days during the period of 5 years immediately prior to the citizenship application signature date.
The ‘Residency Criteria’ is also referred to as the ‘Physical Presence Criteria’ by Immigration, Refugees, and Citizenship Canada. In the majority of the instances, the residency criteria include only those days that the applicant has lived in Canada after obtaining the Permanent Resident status.
Applicants are encouraged by IRCC to file an application after having accumulated more than 1095 days of residence in Canada. This is to be on the safer side if there is an issue with the calculation.
Nevertheless, applicants can also utilize some days that they have lived in Canada as a TR / Temporary Resident or Protected Person for residency requirements. You can also make use of online citizenship calculator tools to help in calculating the estimate of the period that will qualify you for Citizenship in Canada.
Temporary Resident and Protected Person as per IRCC
Prospective applicants of Citizenship of Canada must be aware of the definitions of Temporary Resident and Protected Person according to IRCC:
- Temporary Residents are overseas nationals ‘ approved to arrive or remain in Canada as a temporary resident, worker, student, or visitor permit holder’
- A protected individual is a person who either ‘ was discovered to require security or was deemed as a convention refugee by the Board for Refugee and Immigration or obtained an affirmative verdict* on a Risk Assessment for Pre-Removal’ from IRCC
* Individuals claiming refugees inclusive of those included on the refugee claim of a family member will only be attributed residency in Canada starting from the date when they get an affirmative decision that confirms their protected person status.
Calculating time spent in Canada based on status in Canada
IRCC makes a clarification when it comes to Temporary Residents and Protected Persons across Canada ‘Every day spent in Canada in the past 5 years is calculated as a half day for calculation of physical presence’.
Further, it has to be observed that Temporary Residents and Protected Persons in Canada can utilize only up to 365 days towards residency in Canada. The remaining period of residency for this criteria must be accumulated in Canada as a Permanent Resident.
Let us now try to understand with diverse examples how the residency period calculation is applicable for individuals with dissimilar statuses in Canada for their Citizenship application.
Romesh – Temporary Resident
Romesh will sign his application for Citizenship of Canada on 24 March 2024. He had arrived as an overseas student in Canada in September 2019. Romesh obtained Permanent Resident status in 2022. Ever since he arrived in Canada as an overseas student he has remained in Canada every single day.
Date on which application was signed: The application for Citizenship was filed by Romesh on 24 March 2024.
The period of 5 years for purposes of calculation of physical presence/residency of Romesh in Canada is from 24 March 2019 to 23 March 2024*.
Time prior to 24 March 2019 cannot be considered.
Romesh did not exit from Canada even for one day after arriving in Canada. However, according to IRCC the days on which the applicant was not present physically in Canada cannot be considered.
24 March 2024 cannot be considered as applicants of citizenship have to fulfill the requirements one day prior to filing the citizenship application.
Romesh arrived in Canada on 4 September 2019 as an overseas student and formally obtained the PR status on 6 January 2022.
Stay period in Canada as a TR: 4 September 2019 to 5 January 2022 (855 days).
As one day is counted as 0.5 days for residency calculation, Romesh can utilize 365 days ie stayed as TR in Canada for the calculation of the physical presence period.
Stay period in Canada as a PR: 6 January 2022 to 23 March 2024 (808 days).
Thus, total days spent in Canada = 808 days as PR + 365 days as TR = 1, 173 Days.
Kevin – Protected Person
Kevin arrived in Canada in 2021 as a protected person. He will sign his application for Canadian Citizenship on 16 July 2024. He obtained PR status at the beginning of 2023. Kevin did not exit from Canada even for one day after arriving in Canada.
Date on which application was signed: The application for Citizenship was filed by Kevin on 16 July 2024.
The period of 5 years for purposes of calculation of physical presence/residency of Kevin in Canada is from 16 July 2019 to 15 July 2024*.
The time prior to 16 July 2024*cannot be considered.
Kevin did not exit from Canada even for one day after arriving in Canada. However, according to IRCC the days on which the applicant was not present physically in Canada cannot be considered.
16 July 2024 cannot be considered as applicants of citizenship have to fulfill the requirements one day prior to filing the citizenship application.
Kevin arrived in Canada on 20 May 2021 as a protected person and formally obtained the PR status on 19 February 2023.
Stay period in Canada as a PP: 20 May 2021 to 18 February 2023 (640 days).
As one day is counted as 0.5 days for residency calculation, Kevin can utilize the 320 days he stayed as TR in Canada for the calculation of the physical presence period.
Stay period in Canada as a PR: 19 February 2023 to 15 July 2024 (513 days).
Thus, total days spent in Canada = 513 days as PR + 320 days as TR = 833 Days
To apply for Canada PR from India contact Best Immigration Consultants for Canada in India Nationwide Visas.
In summary, Indian immigrants to Canada pursuing Permanent Residency (PR) and Citizenship must adhere to stringent residency criteria, focusing on physical presence. Eligibility hinges on fulfilling a minimum of 1,095 days of residency within the preceding five years, with emphasis on days post obtaining PR status. The ‘Residency Criteria,’ also known as the ‘Physical Presence Criteria,’ underscores the necessity of careful calculation, urging applicants to exceed the required days. Temporary Residents and Protected Persons can leverage specific days for eligibility, with intricate calculations outlined by Immigration, Refugees, and Citizenship Canada. Examples of Romesh and Kevin elucidate varied status-based residency calculations.
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