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Preserving Canadian PR by working for Canada?

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Preserving Permanent Residence Status
Forum Description: How long can a permanent resident remain outside of Canada? Commentaries on preserving permanent residence.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=2588
Printed Date: 21 Oct 2020 at 7:24am


Topic: Preserving Canadian PR by working for Canada?
Posted By: mrl21
Subject: Preserving Canadian PR by working for Canada?
Date Posted: 20 May 2010 at 2:25pm
Hello members,

Your help will be very much appreciated if you can answer some questions regarding the method or preserving Canadian PR listed below:

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

"
* 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:
          o a position outside Canada
          o an affiliated enterprise outside Canada or
          o 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
"

The questions are:

Would telecommuting (from the US) for a Canadian employer count towards the 730 presence days (per 5 years) if the employer doesn't have a US office?

Would working for a Canadian consulate abroad, as locally engaged staff, count as working in the public service of Canada and allow Canadian PR preservation for the worker and for the spouse?

How about living close to the border and one person commuting to Canada for employment but living, paying taxes, etc. in the US, both spouses being permanent residents of the US settled in the US? Would that help the employee preserve Canadian PR status? How about preserving the Canadian PR of the spouse?

Can you point to official documentation or an official contact who might answer the above?

Thank you in advance!



Replies:
Posted By: canvis2006
Date Posted: 20 May 2010 at 2:46pm
You have to live in Canada, not in US to have the time counted for CANADIAN PR.
I think you have to be hired IN Canada and then transferred overseas, not the other way around.

Call CIC at 1-888-242-2100 to ask them directly


Posted By: dpenabill
Date Posted: 21 May 2010 at 4:25am
While some of these scenarios may depend on the particulars, generally this is not a game of technicalities. The primary way to meet the residency requirement is, as canvis2006 says, "to live in Canada." Provisions for counting time spent outside Canada in specified circumstances are essentially exceptions intended to avoid hardship and injustice.

The burden of proof is ultimately, that is if and when residency becomes an issue (such as when one applies to renew the PR card), on the PR . . . including the burden to establish that an exception applies if time living abroad is to be counted.

Some of your scenarios, though, are obvious: no, "telecommuting" from the U.S. even if for a Canadian employer with no U.S. office will not count toward the residency requirement. Frankly, that one almost deserves a "duh." Similarly, commuting to employment in Canada does not constitute being employed abroad by a Canadian company.

Revisit Appendix A to the guide for PR card applications, which sets out the residency requirement in some detail.
http://www.cic.gc.ca/english/pdf/kits/guides/5445E.PDF
It states:
Quote 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.


Take note of the supporting documents required. They offer more than a mere hint of the nature of what is covered.

Further note: while Appendix A of the guide for a PR card app is directly relevant to showing compliance with the residency requirement attendant an app for a PR card (including renewal card), it is also referred to elsewhere in CIC literature and web pages as "further information on residency obligations" in order to keep one's permanent resident status.





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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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