Citizenship refused for not enough physical presence: why the count goes wrong, reapplying, and the 30-day court deadline

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 11, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 10, 2026: sections 5, 21 and 22.1 of the Citizenship Act checked that day.

If IRCC refused your citizenship application because you did not have enough days in Canada, the officer decided you had fewer than 1,095 days of physical presence in the five years before you applied. Sometimes that is simply true: a trip was longer than you remembered, or you applied a few days early. Sometimes the officer got it wrong, for example by relying on incomplete travel records or ignoring evidence you sent. The answer decides the route. A genuine shortfall is usually fixed by applying again. An officer’s error can be challenged in the Federal Court, but only within 30 days.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, reviews citizenship refusals and takes them to the Federal Court; this guide is by Pardeep S. Grewal.

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What is the rule?

Under section 5(1)(c) of the Citizenship Act, you need at least 1,095 days of physical presence in the five years before the date of your application. Time in Canada as a temporary resident or protected person before you became a permanent resident counts as a half day per day, up to 365 days. Under section 21, time on probation, on parole or in jail does not count, though IRCC lets probation from a conditional discharge count if it was completed without a breach. For how to count, see our guide on citizenship refused or delayed.

Why this needs a lawyer

One lawyer, one file, every step:

• getting the officer’s notes and your travel records to see how the days were counted;
• deciding between judicial review and a new application;
• judicial review within 30 days if the officer got it wrong;
• a new application with a correct count and the evidence to back it.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

Why does the count go wrong?

• Applying too early, counting from the wrong date or forgetting that the five years run back from the day you applied.
• Missing trips, especially short trips to the United States.
• Pre-PR credit errors, such as counting full days instead of half days, or going over 365.
• Days on probation or parole that were counted when they could not be.
• Travel records that do not match what you declared, which leads the officer to doubt the rest.

What are my options?

1. Reapply once you clearly have 1,095 days, with a careful count and proof of your time in Canada. This is often the fastest route when the shortfall is real.
2. Judicial review within 30 days if the officer miscounted, ignored your evidence or gave reasons that don’t add up.
3. Get your records first: your IRCC file and your CBSA travel history, so you know exactly what the officer saw.

A physical presence refusal at a glance

Worked example: the missing week

Example. A permanent resident in Surrey is refused because IRCC counted 1,088 days. Her CBSA travel history shows a week-long trip to Seattle she forgot to list. The officer’s count is right, so judicial review would not help. She waits until she clearly has more than 1,095 days, recounts every trip against her travel history, and applies again on Monday, February 15, 2027.

Mistakes I have seen

• I have seen applicants apply on the very first day they thought they qualified, with no margin for error.
• I have seen applicants rely on memory instead of checking their passport and travel history.
• I have seen applicants spend the 30 days writing to IRCC instead of deciding whether to go to court.

Frequently asked questions

Can I ask IRCC to reconsider?

You can ask, but there is no formal process and it does not stop the 30-day court deadline. In most cases the choice is between court and a new application.

Do I lose my permanent residence?

No. A citizenship refusal does not affect your PR status, though you must still meet the PR residency obligation.

How long must I wait to reapply?

There is no waiting period after a physical presence refusal. You can reapply as soon as you meet the requirements.

Related guides

See our guides on citizenship refused or delayed, a residence questionnaire or citizenship hearing and getting your CBSA records.

What should I do right now?

Write down the date of the refusal and count 30 days. Request your travel history and compare it with what you declared. Decide with a lawyer whether to go to court or reapply.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Citizenship Act, s. 5 (current to October 19, 2026), s. 21 and s. 22.1

This article is general information, not legal advice. Every case depends on its own facts.