Worked with Canadian armed forces as an interpreter, is my pr time counted? Appreciate any info

[Freedom 1]

Hi, everyone I'm in desperate need of information as I can not find the answer to my question.

I worked overseas with Canadian armed forces as interpreter. Would the time counted towards my residency?? I have to clearify I got the job while I was there not in canada. I actually volunteered for the first two months because I wanted to help.

I do not meet the residency required with in the last 5 years if that time is not considered, also I might add that I'm 1 month short if the time is counted (without volunteered time counted)

I honestly didn't know about the rules and I was forced to stay out of Canada because my mother was and is very sick. I wouldn't mind staying for 2 years then apply but I have to go back because of my mother.
What is the best solution? Thank you so much for any information you can provide to help my situation, god bless

 

[Buletruck]

I don’t believe it will count. It’s very specific in that you are on full time assignment outside of Canada. IMO, the fact you were already in country and initially volunteered would exempt you from the exception. But don’t take my word for it. I would consult an immigration lawyer for more clarification.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

• an employee of (or under contract to) the public service of Canada or a province and you are on a full-time assignment to:
  • a position outside Canada,
  • a partner business outside Canada, or
  • a client of the Canadian business or the public service outside Canada.

 

[Rob_TO]

Hi, everyone I'm in desperate need of information as I can not find the answer to my question.

I worked overseas with Canadian armed forces as interpreter. Would the time counted towards my residency?? I have to clearify I got the job while I was there not in canada. I actually volunteered for the first two months because I wanted to help.

I do not meet the residency required with in the last 5 years if that time is not considered, also I might add that I'm 1 month short if the time is counted (without volunteered time counted)

I honestly didn't know about the rules and I was forced to stay out of Canada because my mother was and is very sick. I wouldn't mind staying for 2 years then apply but I have to go back because of my mother.
What is the best solution? Thank you so much for any information you can provide to help my situation, god bless

Sounds like you were a "locally engaged staff/person", which would NOT count for the residency obligation exception you're talking about.

As mentioned above, this exception requires you to be working already in Canada, then assigned to a location outside Canada on a temporary basis with expectation you will return to Canada later to continue working at same job.

 

[rish888]

It's sad that an individual who served Canada can't count his time in the service towards his residency obligation. The IRPA clearly needs amending.

 

[Bs65]

It's sad that an individual who served Canada can't count his time in the service towards his residency obligation. The IRPA clearly needs amending.

Maybe but it was the OPs choice to not be in the country before the OP applied to work for the Canadian armed services. If the OP had been in service before leaving the country then maybe there would be a case same as anyone else who is assigned out of country by their Canadian employer.

 

[Rob_TO]

It's sad that an individual who served Canada can't count his time in the service towards his residency obligation. The IRPA clearly needs amending.

Locally engaged people are like temporary contract workers, I don't think they are really considered "in the service" as they are usually performing a job function that they could be doing for any possible employer, and they do not need to be PRs or citizens of Canada.

 

[rish888]

Maybe but it was the OPs choice to not be in the country before the OP applied to work for the Canadian armed services. If the OP had been in service before leaving the country then maybe there would be a case same as anyone else who is assigned out of country by their Canadian employer.

IMO service in the Armed Forces is different to say someone working for BMO. Interpreters who volunteer often do so at great personnel risk. After all they serve in the coalition (and are thus viewed as traitors by the terrorist factions) but at the same time they receive very little protection in return for their service. It takes a certain element of patriotism to volunteer to serve, and for a person who is not even a citizen yet to be willing to serve his adopted country is an admirable thing.

@Freedom 1 Thank you for your service.

 

[rish888]

I don't think they are really considered "in the service"

Don't think the Taliban sees it this way. If they did, they would not be beheading interpreters in public and quite often murdering their families too.

Also interpreters (most often either visible minorities/recent immigrants of foreign nationals) play a significant role in the war effort and contribute immensely to the success of the Forces. After all, not many old-stock Canadians speak Arabic and Pashto. Without interpreters and without people with knowledge of the local culture, the whole "hearts and minds" thing would go down the drain, not to mention a break down in collaboration with local forces etc that would lead to a pretty big mess.

Also on a day to day basis interpreters often go out on patrol, thereby exposing themselves to the same risks that regular infantrymen face.

Ofc they way the law currently stands you're statement is absolutely correct, but IMO the IRPA is morally flawed.

 

[Rob_TO]

Don't think the Taliban sees it this way. If they did, they would not be beheading interpreters in public and quite often murdering their families too.

Very true, although in some countries the involvement would be substantially more dangerous. In other countries it would just be like any other office job.

The reason the RO residency rule also does not apply here, is that in most if not all cases locally engaged employees are already in that country to begin with as that is where they're hired from (as a local), so for PRs it was their personal decision to leave Canada and go to that country in the first place. Nothing to do with leaving Canada for a work related purpose which is the whole point of the exemption.

 

[rish888]

Very true, although in some countries the involvement would be substantially more dangerous. In other countries it would just be like any other office job.

The reason the RO residency rule also does not apply here, is that in most if not all cases locally engaged employees are already in that country to begin with as that is where they're hired from (as a local), so for PRs it was their personal decision to leave Canada and go to that country in the first place. Nothing to do with leaving Canada for a work related purpose which is the whole point of the exemption.

I completely agree with the exclusion of locally hired employees in regular scenarios, but I think that every day of service that benefits the military, regardless of whether they are officially in the service or not, deserves to be counted as a day in Canada for RO purposes.

 

[rish888]

Hi, everyone I'm in desperate need of information as I can not find the answer to my question.

I worked overseas with Canadian armed forces as interpreter. Would the time counted towards my residency?? I have to clearify I got the job while I was there not in canada. I actually volunteered for the first two months because I wanted to help.

I do not meet the residency required with in the last 5 years if that time is not considered, also I might add that I'm 1 month short if the time is counted (without volunteered time counted)

I honestly didn't know about the rules and I was forced to stay out of Canada because my mother was and is very sick. I wouldn't mind staying for 2 years then apply but I have to go back because of my mother.
What is the best solution? Thank you so much for any information you can provide to help my situation, god bless

I wouldn't leave Canada if I were you. Also don't renew your PR card until you have the two years in Canada. Once you have stayed in Canada for two years you can renew your PR card and travel.

Also look at applying for citizenship. I believe there are some special provisions in place for PR's who were in/on contract to the Forces.

 

[Rob_TO]

I completely agree with the exclusion of locally hired employees in regular scenarios, but I think that every day of service that benefits the military, regardless of whether they are officially in the service or not, deserves to be counted as a day in Canada for RO purposes.

It's a grey area. In dangerous countries like the ones you indicated, I would be fine with it. But in other perfectly safe countries where there happens to be a military office, as I said there is often locally engaged workers treating it like a typical office job with zero danger to their life, and with zero patriotism or commitment to Canada as they are only doing the job for a paycheque. They would split at the first sign of conflict.

In fact I've known personally some "locally engaged staff" working for another country's military in a safe country (specifically Korean citizens working for the US army), who actually despised the country they were working for. They were treating it like any other job for an employer they didn't like. Not saying this is the case for Canadian hired local staff, but is one reason they could never simply make a broad based exemption for all these types of employees.

If you could somehow elevate certain locally engaged staff in certain countries to a higher level based on risk factor or recommendation of military personnel that would allow for residency obligation exemption, that would be a great compromise. However considering the amount of bureaucratic work this would involve i doubt it will ever happen.

 

[rish888]

It's a grey area. In dangerous countries like the ones you indicated, I would be fine with it. But in other perfectly safe countries where there happens to be a military office, as I said there is often locally engaged workers treating it like a typical office job with zero danger to their life, and with zero patriotism or commitment to Canada as they are only doing the job for a paycheque. They would split at the first sign of conflict.

In fact I've known personally some "locally engaged staff" working for another country's military in a safe country (specifically Korean citizens working for the US army), who actually despised the country they were working for. They were treating it like any other job for an employer they didn't like. Not saying this is the case for Canadian hired local staff, but is one reason they could never simply make a broad based exemption for all these types of employees.

If you could somehow elevate certain locally engaged staff in certain countries to a higher level based on risk factor or recommendation of military personnel that would allow for residency obligation exemption, that would be a great compromise. However considering the amount of bureaucratic work this would involve i doubt it will ever happen.

You make a fair point about the conflict zone issue.

I may be mistaken but I believe the Canadian Forces' overseas presence outside North America is largely in conflict zones with maybe a couple of detachments in Europe. Maybe the OP was recruited in a European nation but my money would be on a conflict zone; Canada's foreign presence is just not a large as America's. I'd say US troops have a greater foreign presence than McDonald's.

Ofc if it's in a safe country and the person is just doing it for a pay check there shouldn't be exceptions. The OP indicated his first few months were as a volunteer, so I'd guess there was probably a patriotic element to his decision to sign up.

Then again policies can't be made on ideals; there are a ton of practical kinks to work out as you rightly pointed out.

 

[Freedom 1]

It's sad that an individual who served Canada can't count his time in the service towards his residency obligation. The IRPA clearly needs amending.

It really is, I have put my life on the line and served. So many times I had very close calls I could have lost my life. I'm proud of my service, but it really is upsetting for me not to be able to renew my residency. I can't believe this is happening. I wanted to serve and

 

[Freedom 1]

IMO service in the Armed Forces is different to say someone working for BMO. Interpreters who volunteer often do so at great personnel risk. After all they serve in the coalition (and are thus viewed as traitors by the terrorist factions) but at the same time they receive very little protection in return for their service. It takes a certain element of patriotism to volunteer to serve, and for a person who is not even a citizen yet to be willing to serve his adopted country is an admirable thing.

@Freedom 1 Thank you for your service.

Thank you for your thoughtful comment, I have much respect for you to have the appreciation for my service, yes I do have a Target on my back because I serviced with the Canadian forces, and I'm proud but what really hurts is that I can't even renew my residency. I wanna serve this country and if I can save lives this is very honorable to me.