Days to count working abroad

[nolou]

Hi all,

My family and I landed in Canada in 2011, but could only establish formal residence until october 2013. Since I am self employed providing management consulting services, I have been traveling back and forth to my Country of origin to provide such services. The question is, will the days I have been outside Canada count for PR obligation days, as I work abroad, but as a self employed, not for a Canadian corporation or enterprise?

Since 2013, I've living in Canada more than 365 days and up to the PR renewal time, I won't meet the PR obligation days, unless the days I worked abroad, count. Is that and appropiate approach? Any advice on this?

BTW, my kids will meet the PR obligation days, by far.

Thanks,

 

[scylla]

No - these days won't count torwards PR.

Days worked outside of Canada would only count if you had been hired by a Canadian company for a role in Canada first and then permanently relocated to a role outside of Canada at a later time.

 

[nolou]

No - these days won't count torwards PR.

Days worked outside of Canada would only count if you had been hired by a Canadian company for a role in Canada first and then permanently relocated to a role outside of Canada at a later time.

Thank you for your answer scylla.

If I do want to meet the PR obligation days, do I have to wait until my PR expires, let the days pass and when the 730 days are met, then apply for a renewal? is this the way to do it?

 

[Rob_TO]

If I do want to meet the PR obligation days, do I have to wait until my PR expires, let the days pass and when the 730 days are met, then apply for a renewal? is this the way to do it?

If you won't meet the residency obligation of 2 years out of 5, then you'll need to let your PR card expire, and you can only apply to renew it once you have reached the 730 days residency in Canada.

Anytime you leave Canada while not being able to meet the 2 in 5 year obligation, you run the risk of being reported upon any re-entry and having your PR status revoked. So to be safe you should stay in Canada and not leave for work anymore until you satisfy the RO again.

 

[nolou]

Thank you Rob_TO

Any idea on how long does it take to get the new PR, provided it gets approved for renewal?

 

[Rob_TO]

Thank you Rob_TO

Any idea on how long does it take to get the new PR, provided it gets approved for renewal?

I'm not sure on PR renewal processing times these days, but I think there's several threads on the topic if you do a search.

Just make sure you have the full 730 days residency required, at the time you submit the renewal.

 

[nolou]

Thank you Rob_TO, you have been so helpful.

 

[RajaRaja]

No - these days won't count torwards PR.

Days worked outside of Canada would only count if you had been hired by a Canadian company for a role in Canada first and then permanently relocated to a role outside of Canada at a later time.

Hi I have Question in line with this one.
If I am hired by a Canadian Organisation specifically for projects outside Canada, then please help me understand the following:
1. Is it ok if i join the organisation and immediately start travelling outside Canada (and my travel days can be counted in my RO) ?
2. Whom do i need to inform in Advance to make those days count in my RO? As I am have only enough days to meet my RO if I stay in canada though out this time. Because every time i will come back to Canada I might be asked to question on my non fulfillment of RO.
- For e.g. If I stay in Chile for 5 months for a project and come back. Immigration officer will surely ask me that I am not fulfilling my PR obligation. how would I justify that my travel days can be counted towards my PR RO?
3. If my Spouse is with me in the country where my project is running. will she also qualify for the RO?

My PR card valid from 2012 to 2017 and I have only got 45 days stay in Canada as on date. may have stay complete next 2 years to complete my 730 days.

For your Information CANADIAN posting is a part for my negotiation to work for this global company. and becasue of my specialised skills they have agreed for CANADA posting however I need to keep travelling to various countries for Projects supervision.

Please help.
Thanks in advance.

 

[scylla]

Based on the information you have provided, it's difficult to say if the days you spend outside of Canada will be counted towards RO or not (they very well may not be). You will have to provide more details about the company and job.

 

[RajaRaja]

I am a Mining Consultant and a well know Global Mining consulting company wants to hire me for consulting and Project Supervision of their clients in Chile/Indonesia/India/South africa (only these countries as on date). If I accept this offer to be posted in Canada and Travel to different countries (as per companies requirement), along with my Spouse, will this help me & my wife complete our numer of days in Canada.

- I may only accept the offer if it helps me complete my days in Canada, else I may look for a another company which can give me a permanent posting in Canada.

I am presently working in India as a Mining Consultant and I am all set to come to Canada to fullfil my PR obligation.

 

[zardoz]

I am a Mining Consultant and a well know Global Mining consulting company wants to hire me for consulting and Project Supervision of their clients in Chile/Indonesia/India/South africa (only these countries as on date). If I accept this offer to be posted in Canada and Travel to different countries (as per companies requirement), along with my Spouse, will this help me & my wife complete our numer of days in Canada.

- I may only accept the offer if it helps me complete my days in Canada, else I may look for a another company which can give me a permanent posting in Canada.

I am presently working in India as a Mining Consultant and I am all set to come to Canada to fullfil my PR obligation.

What you are describing looks like short term business trips rather than a full-time assignment to a permanent position overseas. Also, the comment that you would be "posted" to Canada makes me suspect that this may not fulfill the Residency Obligation requirements exemption... Would you be able to successfully argue your case in a Federal Court if your PR status was revoked? I believe that the answer is no.

 

[RajaRaja]

Assignment outside Canada at a stretch will be of 6 months at one particular project. Company cannot offer me an assignment at a single location. This is more of a supervision of 4 or more projects running in 4 different contries.

- Basis job requirement is - Supervision and consulting of Mining Projects running in Chile, Indonesia, India and Southafrica while continue to be at site for long terms stay upto 6 months

- Company is not bothered about which country I permanantly live at and for what reasons. They simply allow me to stay at project site along with my wife, for a long stay (6 months). I had told the Companies management that I am planned to move to Canada to resettle in Canada. And subsequently they had offered me to join the Canadian office and work on global projects. My permanant stay in Canada or any other country, where I am allowed to work, doesnt make much difference to my prospective employer.

- Now if this job offer is not helping me retain my PR status. if there any suggestion to renegotiate the employment contract to fit my requirment and basic Job requirement as discussed above.


Please suggest.

 

[RajaRaja]

Additional Information : - I will get paid as per Canadian laws in Canadian Bank account and in canadian Dollars. Additionally my onsite expenses will be reimbursed by the company.

 

[zardoz]

Additional Information : - I will get paid as per Canadian laws in Canadian Bank account and in canadian Dollars. Additionally my onsite expenses will be reimbursed by the company.

This doesn't change my reasoning. In fact, your previous post rather confirms my thoughts. I think you are going to have significant problems with this plan.

 

[RajaRaja]

This doesn't change my reasoning. In fact, your previous post rather confirms my thoughts. I think you are going to have significant problems with this plan.

Now if this job offer is not helping me retain my PR status. Is there any suggestion to renegotiate the employment contract to fit my requirment and basic Job requirement as discussed above.

Or should I look another job which help me stay in Canda for next 730 days I may get paid little less in that case.