Family of Spouse on Foreign Assignment

[wexila]

Hi

I am a Permanent resident on foreign assignment by a Canadian company with a work contract assigning me and my family to Sudan for the last two years. I however have kept my family and my residence in Capetown whilst I am on this assignment even though we all have valid VISAs for Sudan.

I don't believe I shall have an issue to renew my PR card, but do you see any issues with me deciding my family stays in Capetown when it comes to renewing their PR cards?

Thanks for any advice

 

[steaky]

As long as they can prove that they are accompanying you, such as bills/letters with the same address in Africa, then it will be fine.

 

[Msafiri]

Hi

I am a Permanent resident on foreign assignment by a Canadian company with a work contract assigning me and my family to Sudan for the last two years. I however have kept my family and my residence in Capetown whilst I am on this assignment even though we all have valid VISAs for Sudan.

I don't believe I shall have an issue to renew my PR card, but do you see any issues with me deciding my family stays in Capetown when it comes to renewing their PR cards?

Thanks for any advice

1. You need to ensure the Canadian company meets the requirement/description in the Immigration and Refugee Protection Act (IRPA) for Residence Obligation purposes. In particular you have to make sure that its obvious you were employed in Canada and then thereafter assigned abroad. Direct assignment abroad can be problematic.

2. IRPA refers to the family accompanying the employee. IMHO your family are not accompanying you as you don't live in the same country...I don't see CIC letting this slide.

 

[wexila]

Hi and Hello


Many thanks for your replies. It's the vague wording used for accompanied that has me somewhat concerned. My official residence is in Capetown, South Africa which is the same as my family. But the work assignment letter is Luanda, Angola.

Can this be counted as accompanied? Would they count the days together or only the days when I am in Capetown. I have looked at all the available legislation and would appreciate if anyone has seen legal cases I can review with respect to what defines accompanied for families on foreign assignment.

 

[Msafiri]

Hi and Hello


Many thanks for your replies. It's the vague wording used for accompanied that has me somewhat concerned. My official residence is in Capetown, South Africa which is the same as my family. But the work assignment letter is Luanda, Angola.

Can this be counted as accompanied? Would they count the days together or only the days when I am in Capetown. I have looked at all the available legislation and would appreciate if anyone has seen legal cases I can review with respect to what defines accompanied for families on foreign assignment.

So is the posting to Sudan or to Angola? CIC and the courts go with the definitions in the legislation and if this is not available with the meaning of the word. Accompanying is to be/or go with...if you live in country A and your spouse in country B then its clear you are not accompanying unless you have a different view. Why are your family not in Angola is something CIC will look into. They may end up only counting the days you are in RSA. The RSA Dept of Home Affairs stamps passports for all entries and exits so this will help with tracking.

Are you/ your family close to PR Card renewal? How many days of physical presence do you have in Canada in the last 5 years? Did you work in Canada initially then get re-assigned to Angola? You need to make sure you have proof of living together abroad such as lease ageements and utility bills.