CALCULATION OF TIME WHEN YOU ARE ABROAD |
Post Reply |
Author | |
PANAN123
New Member Joined: 09 Dec 2013 Location: Canada Status: Offline Points: 2 |
Post Options
Thanks(0)
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?
|
|
dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
Post Options
Thanks(0)
|
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 |
|
PANAN123
New Member Joined: 09 Dec 2013 Location: Canada Status: Offline Points: 2 |
Post Options
Thanks(0)
|
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 |
|
dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
Post Options
Thanks(0)
|
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 |
|
Post Reply | |
Tweet |
Forum Jump | Forum Permissions You cannot post new topics in this forum You cannot reply to topics in this forum You cannot delete your posts in this forum You cannot edit your posts in this forum You cannot create polls in this forum You cannot vote in polls in this forum |