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Calculating Physical Presence in Canada for Canadian Citizenship Applications

  • 3 hours ago
  • 4 min read

By Partner Pablo Irribarra


English version of video below


In order to be eligible to apply for Canadian Citizenship, an individual must meet a number of key requirements, one of the most important of which is being a Permanent Resident of Canada.


Another key requirement is being able to establish that they have been physically present in Canada for at least 1,095 days within the five (5) year period prior to signing the application for Citizenship. The physical presence calculation has few exceptions, and is different than the residency requirements for maintaining permanent residency. Understanding how to calculate this physical presence is imperative to set yourself up for the best possibility of success when applying for citizenship.


As a starting point, an applicant for Canadian Citizenship must meet the physical presence requirements prior to the date they sign the application. The date they signed the application will not count towards the 1,095 days of physical presence. 


It is important to note that not all time spent physically present in Canada will count towards the physical presence calculations. In fact, even when some days do count, how much each day is counted will depend on an individual’s legal status in Canada during the time that they were physically present in the country.


For example, while each day physically present in Canada as a permanent resident will count as ‘one day’ for the purposes of calculating the 1,095 days, each day spent as a protected person – such as an accepted Convention Refugee – or with temporary resident status – that is, a visitor, student, or worker – during those five years will only count as a half day.


A maximum of 365 days on a temporary resident or protected person status can be counted towards the physical presence calculation within the five years. On the flip side of this, if an individual uses the fully allocated 365 days as a temporary resident or protected person, the remaining 730 days must be time spent inside Canada as a permanent resident.


Time spent without temporary resident status in Canada – such as a Convention Refugee claimant waiting for a decision on their claim or someone without legal status – will not count towards the calculation of physical presence. It is important to highlight that, while an individual who is a refugee claimant or applicant for protection can often apply for a work or study permit while waiting for their claim to be processed, this work or study permit does not grant them temporary resident status. Therefore, the time prior to their acceptance as a Convention Refugee or Protected Person will not count towards meeting the physical presence requirement for Citizenship.


Where an individual is absent from Canada, the day the individual left Canada, and the day they returned to Canada will count towards the physical presence calculation, while the rest of the days absent from the country will not. This means, for example, that if an individual leaves and returns to Canada on the same day, that day will count towards the physical presence calculation rather than an absence from the country.


Given these requirements, we recommend that individuals planning to apply for Canadian Citizenship in the future maintain detailed records of both their presence in and absences from Canada. Keeping track of their travels will greatly facilitate the process of calculating when they meet the required 1,095 days of physical presence.


Where possible, it is also recommended that prospective applicants wait until they accumulate a month or more of physical presence over and above the required 1,095. This allows some additional space in the event that there was a miscalculation, as signing an application even a day earlier than what is needed to meet the physical presence requirement can result in the application being denied, with a consequent loss of processing time and filing fees. 


To recap, here is a quick breakdown of what days count towards your physical presence for Canadian citizenship:

Physical Presence Requirements for Canadian Citizenship

Status in Canada

Does it count?

Permanent Resident – inside Canada

Yes – 1 day counted per day spent inside Canada

Permanent Resident – outside Canada

No

Temporary residence status – visitor, worker, or student: inside Canada

Yes – ½ day for every day spent inside Canada as a temporary resident, up to a total of 365 days +

Temporary residence status – visitor, worker, or student: outside Canada

No

Convention Refugee (after a positive decision, granting convention refugee status) or Protected Person: inside Canada

Yes – ½ day for every day spent inside Canada as a Convention Refugee, up to a total of 365 days +

Convention Refugee or Protected Person: outside Canada

No

Refugee Claimant (even with a work or study permit), while claim is in process or suspended

No

Without status

No


+ The total number of days counted as a temporary resident or convention refugee are included in the same maximum of 365 days.


Please note that individual circumstances vary, and it is important to consult with a legal professional to address any concerns that you might have in your eligibility to apply for Canadian citizenship. Contact us to today for assistance with your Canadian citizenship application!



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