Canada Immigration and Visa Discussion Forum Homepage
Forum Home Forum Home > Canada Immigration Topics > Preserving Permanent Residence Status
  New Posts New Posts RSS Feed - CALCULATION OF TIME WHEN YOU ARE ABROAD
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

CALCULATION OF TIME WHEN YOU ARE ABROAD

 Post Reply Post Reply
Author
Message
PANAN123 View Drop Down
New Member
New Member


Joined: 09 Dec 2013
Location: Canada
Status: Offline
Points: 2
Post Options Post Options   Thanks (0) Thanks(0)   Quote PANAN123 Quote  Post ReplyReply Direct Link To This Post Topic: CALCULATION OF TIME WHEN YOU ARE ABROAD
    Posted: 09 Dec 2013 at 1:41am
HOW TO CALCULATE PR TIME RESIDENCY WHEN YOU ARE ABROAD (OUT SIDE CANADA) FOR OFFICIAL WORK AND  CONTRACT GETS TERMINATED IN BETWEEN AND THEN ONE RETURN AFTER SOME TIME-DOES THIS EXTENDED PERIOD AFTER TERMINATION  CALCULATED FOR RESIDENCY OBLIGATION-IF EMPLOYER READY TO GIVE LETTER FOR THAT PERIOD AS OFFICIAL WORK?

IN THAT CASE WHAT IS THE LETTER DRAFT SHOULD BE?
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 09 Dec 2013 at 2:02am

Originally posted by PANAN123 PANAN123 wrote:

How to calculate pr time residency when you are abroad (out side Canada) for official work and contract gets terminated in between and then one return after some time-does this extended period after termination calculated for residency obligation-if employer ready to give letter for that period as official work?

In that case what is the letter draft should be?
[quote](text converted to lower case for readability)[/quote


Probably the best explanation of the PR residency obligation, including the calculation of time abroad while working for a Canadian employer, is found in the guide for applying for a new PR card (linked here: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp), in Appendix A of the guide.

In particular, that has a detailed explanation regarding counting the days the PR was employed outside Canada, including the requirements that the employment must meet, and the supporting documents that may be required. This is listed under "Option 2" in the Appendix to the guide.

Those instructions list what the letter signed by the employer must state.

I do not follow what you are precisely asking about the employer's letter, but it appears you might be referring to the employer being willing to state you were employed beyond the period of time you were actually engaged in the employment. I would caution against submission of any documentation that is not accurate to CIC, no matter who signs it. That would be fraud. Not a good idea for very practical reasons. Better to consult with an immigration lawyer about your options, about alternatives, than to attempt to perpetrate a fraud. I am not saying that this has not worked in the past. Probably has for more than a few. But the net is getting tighter on this stuff and there may be far better ways to approach the situation.



Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
Back to Top
PANAN123 View Drop Down
New Member
New Member


Joined: 09 Dec 2013
Location: Canada
Status: Offline
Points: 2
Post Options Post Options   Thanks (0) Thanks(0)   Quote PANAN123 Quote  Post ReplyReply Direct Link To This Post Posted: 11 Dec 2013 at 1:06am
LET ME MAKE SIMPLE:

DURING MY FULL TIME OFFICIAL WORK ABROAD , I STAYED 100 DAYS -IN TOTAL. IN BETWEEN AFTER 75 DAYS MY  WORK GOT TERMINATED SO PAYMENT WAS NOT PAID AFTER THAT 75 DAYS.

I  HAD TO COMPLETE PENDING AFTERMATH (WIND UP OFFICIAL WORK) FOR 25 DAYS BEFORE RETURN TO CANADA.

DUE TI THIS REASON-EMPLOYER IS READY TO GIVE 100 DAYS OUT OF CANADA STAY -FULL TIME CERTIFICATION /LETTER.  IS THIS O.K. FOR RESIDENCY DAYS OF 100 DAYS INCLUSION?

PLEASE REPLY.

REGARDS

Raj


Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 11 Dec 2013 at 2:49am
It is your call to determine and report the facts accurately.

It is your responsibility to not submit information that is not accurate.

Meaning, if you were employed full time by a Canadian employer from such and such a date, to such and such a date, that time can be counted toward meeting the residency obligation even though you were so employed abroad. You know the facts. You are the one who pays the price if the facts declared (or represented in submitted documents) are not accurate. It is your call. To some extent you may rely on the employer's version but not to the extent that you know, or should know, it is not accurate.

I certainly cannot guess whether or not you were employed full time for whatever time period.

If the amount of time in issue is just 25 days, a serious look at H & C arguments as an alternative approach may be helpful.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down