Business Travel for PR "Days IN Canada"

[Blackdisc]

Hi Forum members

I have been employed by a multinational in Canada. During this time, I have had to have several business trips outside Canada. Can I count those days as "IN Canada" for PR Residency obligation purposes?

BalckDisc

 

[scylla]

No - you can't count these days as days spent in Canada. You can only count days outside of Canada as days inside of Canada if you work for a Canadian company that permanently relocates you to a role outside of Canada. Business travel doesn't count. So you need to exclude these days from your residency obligation.

 

[Blackdisc]

No - you can't count these days as days spent in Canada. You can only count days outside of Canada as days inside of Canada if you work for a Canadian company that permanently relocates you to a role outside of Canada. Business travel doesn't count. So you need to exclude these days from your residency obligation.

Thanks for your reply. I am confused, I called CIC and they said that you can consider days for business travel as Days in Canada for PR renewal. Not sure if whats the correct interpretation.

Blackdisc.

 

[scylla]

Unfortunately the help desk gives out incorrect information all of the time to even the most basic questions . You can't count business travel as days spent in Canada. Again, the only way you can do this is if your Canadian company relocates you to a permanent role outside of Canada.

 

[Leon]

Your question is answered by having a look at the PR card renewal instruction guide found here: http://www.cic.gc.ca/english/information/applications/prcard.asp

On the application form itself, it just asks you to explain if you have been outside Canada more than 1095 days and one of the options is this one: Absence while employed by a Canadian business

However, when you read the instruction guide at http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp you will find this:

OPTION 2. Employment outside Canada

You may count each day you were employed outside Canada if your employment meets the following requirements:

* you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province or territory and

*as a term of your employment or contract, 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

You can also find this here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 11

6.5. Employment outside of Canada

The Regulations enable permanent residents to comply with the residency obligations while working abroad, provided that:

 they are under contract to or are full-time employees of a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada; and

 they are assigned on a full-time basis as a term of their employment or contract to a position outside Canada with that business, an affiliated enterprise or a client.

So if you are not assigned on a full-time basis to a position outside Canada, just travelling for business occasionally, your days outside do not count towards the PR residency obligation. Even if it did, it may also be questioned whether your employer truly counts as a Canadian business. If this is a problem, you may want to ask your employer to transfer you to a position where business trips are not required or look for another job.