Help Needed - Out-of-Country Assignments and Permanent Residency

[CanuckBoy]

hi everyone!

have a unique situation and hopefully someone can provide some help. a few years ago I posted around the pursuit for my wifes PR which was granted and activated in March 2011. in May 2011 I accepted a (then) two year ex-pat assignment to the Philippines and moved here with my wife and since that time we've welcomed a daughter (turning two in June) and another on the way (also in June!)

my wife does not meet the "on-the-ground in Canada" requirements to retain her PR however, since I as her spouse have been on "assignment" for work, we are covered as there is a provision that covers that (we've had a few trips to Canada to visit family along the way). My question is this:

My assignment was extended by a year and then by another six months and as of today, we would return to Canada in December. I am technically still a Canadian employee, still paid in my Canadian bank account so truly on an ex-pat arrangement. We enjoy the Philippines and I have started considering localizing here but unsure how that would impact her PR. Since I would no longer be on "Assignment" and now a foreign worker in the Philippines, does that then mean that any time we spend from that point forward no longer count and put her PR at risk?

I've reviewed the websites and researched online but since my situation is fairly unique, havent seen anything that really provides clear direction. If it turns out it _would_ continue to count will begin to aggressively look at local options as December draws closer but, if it turns out it would _not_ count, it likely makes more sense for us at that point to return to Canada (as I can retain my current position, would just need to do remotely)

Thanks to anyone that can assist!

 

[Rob_TO]

For PR purposes and if sponsor is a citizen, it doesn't matter what the reason is you are not living in Canada. You guys could be doing a vacation tour of the world, but as long as she is travelling with you (her sponsor) and you are a Canadian citizen, the time spent with you counts for her PR status.

Read here: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA
Time spent outside of Canada
You may also count days outside of Canada as days for which you satisfy the residency obligation in the following circumstances:
OPTION 1. Accompanying a Canadian citizen outside Canada
You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age).


The thing about working for a Canadian company abroad, is only if you're a PR yourself and not a citizen.

OPTION 3. Accompanying a permanent resident outside Canada
You may count each day you accompanied a permanent resident outside Canada provided that:
-the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age); and
-he or she was employed on a full-time basis by a Canadian business or in the public service of Canada or of a province or territory during the period you accompanied him or her.

 

[CanuckBoy]

ok thats perfect and makes sense - looks like i need to start looking at condo's in Manila ... thanks!

do you know, is there a need to 're-new' the PR on an on-going basis or just need to ensure to bring paperwork outlining the out-of-country background on each return to Canada?

 

[canuck_in_uk]

ok thats perfect and makes sense - looks like i need to start looking at condo's in Manila ... thanks!

do you know, is there a need to 're-new' the PR on an on-going basis or just need to ensure to bring paperwork outlining the out-of-country background on each return to Canada?

It depends on how long you plan to stay out of Canada. If you return to Canada before her PR card expires, there won't be a problem. However, if her PR card expires while out of Canada, she will not be able to fly back using it. She will need to either apply for a PR Travel Document or fly to the US and enter Canada through a land border using her COPR.

Though a renewal app must originate in Canada, others have said that a person outside Canada can mail the app to someone in Canada and have them mail it to CIC. The problem with that is that she may be required to pick up her card in person at a CIC office.