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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2010 at 9:46am
Eligibility for work permits or other status are, of course, not relevant to calculating meeting residency requirements. Going in either direction.

I really was curious why you thought there was a possibility otherwise. I know of no countries that give immigrants any kind of reciprocal credit for such things as residency calculations. On the other hand, I know many Americans who do not quite grasp that Canada is not part of the U.S., that Canada really is a separate, independent sovereign country. I was wondering if that impression has spread beyond the American States.
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
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mtllog View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mtllog Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2010 at 10:34am
mbcpa1
 
There are not any special rules for H1B holders .
You could keep your Canadian PR status working in the US ( or any other country ) and being out of Canada for longer than 720 days if you qualify for following :

OPTION 2. Employment outside Canada

You may count each day you worked outside Canada provided that your employment meets the following criteria:

  • you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province and
  • you are assigned on a full-time basis to:
    • a position outside Canada
    • an affiliated enterprise outside Canada or
    • a client of the Canadian business or the public service outside Canada

For the purposes of this application, a Canadian business is defined as:

  • a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
  • an enterprise that has:
    1. an ongoing operation in Canada
    2. is capable of generating revenue
    3. is carried out in anticipation of profit
    4. in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above or
  • an organization or enterprise created by the laws of Canada or a province

Supporting documents:

You must enclose a letter of declaration signed by an official of the business that indicates:

  • the position and title of the signing official
  • the nature of the business and how it fits the description of a Canadian business (see definition above)
  • details of your assignment or contract outside Canada such as — duration of the assignment; confirmation that you are a full-time employee of the “Canadian business” working abroad on a full-time basis as a term of their employment, or you are on contract working on a full-time basis abroad as a term of their contract; and a description or copy of the position profile regarding the assignment or contract abroad
  • confirmation that the business has not been created primarily for the purpose of allowing you to satisfy your residency obligation

You may also include:

  • articles of incorporation and business licences
  • partnership agreements and / or corporate annual reports
  • corporate Canadian Income Tax Notices of Assessment and / or financial statements
  • copies of the Employee Assignment Agreement or Contract
  • copies of any agreements between the Canadian business and the business or client outside Canada concerning your assignment to that client or business
  • Pay Statement(s)
  • Canadian Income Tax Notice of Assessment
  • T4 slips

OPTION 3. Accompanying a permanent resident outside Canada

You may count each day you accompanied a permanent resident outside Canada provided that:

  • the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age); and
  • he or she was employed on a full-time basis by a Canadian business or in the public service of Canada or of a province during the period you accompanied him or her.

Evidence that you are accompanying a permanent resident
You must provide supporting documents to prove that:

  • The person you are accompanying is a permanent resident
  • You are the spouse, common-law partner or child of that person and
  • The permanent resident you are accompanying meets his or her own residency obligation

Supporting documents may include:

  • marriage license
  • child’s birth certificate, baptismal document, and/or adoption or guardianship document
  • school and/or employment records
  • association or club memberships
  • passports or other travel documents
  • documents indicating that the person you are accompanying meets his or her own residency obligation

source : http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

When you will apply under this condition you will be under  greater scrutiny as well as your employer .
 
Please notice , that I am not a lawyer and this is not a legal advice . Contact a qualified immigration attorney and do not trust any H1b/NAFTA rumors .


Edited by mtllog - 17 Aug 2010 at 11:09am
Rec'd -Nov 18, 2009/ Ecas-Apr 07/ Letter-Mar 26, 2010, /in process Sep 30 2010 /Transfer - Dec 14 2010 /Test-Feb. 1 2011/ Oath-May 11 2011/
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mtllog View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mtllog Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2010 at 10:40am
dpenabill
 
Yep , some people on the south of the border believe that Canada is a part of USA .
 
Rec'd -Nov 18, 2009/ Ecas-Apr 07/ Letter-Mar 26, 2010, /in process Sep 30 2010 /Transfer - Dec 14 2010 /Test-Feb. 1 2011/ Oath-May 11 2011/
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