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For how long a Work visa person stay out of Canada

Jul 22, 2019
15
1
Hi, I'm in Canada on a ICT Work Visa which is still valid for next 1.5 years. I am planning to visit my home country to take care of parents and continue working from there on Canadian Payroll for couple of months (may be 4-5 consecutively) and was wondering how long I can stay outside Canada without impacting my work status here!

I know I would still need to fulfil below rules but is there anything else I'm missing? Thanks in advance.
a) 183 days for tax residency in a tax year
b) 153 days OHIP in 12-month period
 

canuck78

VIP Member
Jun 18, 2017
53,060
12,802
Hi, I'm in Canada on a ICT Work Visa which is still valid for next 1.5 years. I am planning to visit my home country to take care of parents and continue working from there on Canadian Payroll for couple of months (may be 4-5 consecutively) and was wondering how long I can stay outside Canada without impacting my work status here!

I know I would still need to fulfil below rules but is there anything else I'm missing? Thanks in advance.
a) 183 days for tax residency in a tax year
b) 153 days OHIP in 12-month period
When did you arrive in Canada and start working? Looks like around January 2021. The fact that you received an ICT and are returning home pretty soon after arriving to care for your parents raises quite a lot of red flags about the validity of the ICT application. If you are able to work from your home country there was no need for the ICT. Your permit should have a location attached to it. Did one of your parents have a sudden health change? When planning to transfer to Canada to work arranging care for your parents would have beeen something you would have been expected to arrange for your departure. There is no exact rules about how much time you can spread abroad but unless you have documentation that there is a very serious medical issue that occurred after you went to Canada you would not be adhering to the location requirement on your permit and whether you actually were a true ICT applicant could be questioned. Assume you want to apply for PR so your time abroad would not count as working in Canada for your Canadian employer.
 
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canuck78

VIP Member
Jun 18, 2017
53,060
12,802
Hi, I'm in Canada on a ICT Work Visa which is still valid for next 1.5 years. I am planning to visit my home country to take care of parents and continue working from there on Canadian Payroll for couple of months (may be 4-5 consecutively) and was wondering how long I can stay outside Canada without impacting my work status here!

I know I would still need to fulfil below rules but is there anything else I'm missing? Thanks in advance.
a) 183 days for tax residency in a tax year
b) 153 days OHIP in 12-month period
Would add that you need to present in Ontario for the first 153 days of 183 days In addition to the 153 days in one year.
 
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Jul 22, 2019
15
1
Thanks a lot canuck78 for responding, this is very good information which you have provided here. All of your points are valid and yes I agree with the fact that it looks bad on ICT to immediately to go back to a different country. Even I am trying to ignore staying outside the country for such a long period but I wanted to cross check just in case.

I can do a short one month visit to maintain the good status and then plan future visits accordingly. Thanks again for your time and help.
 

canuck78

VIP Member
Jun 18, 2017
53,060
12,802
Thanks a lot canuck78 for responding, this is very good information which you have provided here. All of your points are valid and yes I agree with the fact that it looks bad on ICT to immediately to go back to a different country. Even I am trying to ignore staying outside the country for such a long period but I wanted to cross check just in case.

I can do a short one month visit to maintain the good status and then plan future visits accordingly. Thanks again for your time and help.
It doesn’t just look bad it defeats the purpose of the ICT if you return home for a long period of time. Just a reminder that any travel at the moment is not recommended unless it is a true emergency and if you travel you could get stuck for a long period of time abroad especially given the rise in cases around the world.
 
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