Is this scenario possible?

[agmaa]

Hi,

Please give me your thoughts about the following:

- A PR holder who his residency is expiring late next year, he hasn't met the residency requirements.
- His current employer is a international one who can offer a Canadian contract for him.

(1) Can he reapply using this new contract?
(2) Can he claim the points of an LMO?
(2) If yes, for LMO, he is a PR now, so the company doesn't have to advertise for the job for Canadians first, right?

Thanks.

 

[SenoritaBella]

1. Read the CIC guidelines for meeting residency obligations - it explains about working for a Canadian company overseas, etc.
2. If you are a permanent resident, you don't need a LMO. No points can be claimed from it anyway.

 

[agmaa]

Thanks for your answer, as explained he didn't meet residency requirements so he needs to reapply using this scenario if possible.

Please advise.

 

[SenoritaBella]

First, your friend can not renew his PR card while outside Canada. If his job meets the employment criteria listed below(he has to determine this for himself), then he can count the days spent outside Canada doing the job towards meeting residency obligations. If this is the case, then he maintains his PR status and does not have to renew the card unless he wants to visit Canada. In that case, he will have to apply for a travel document and provide supporting documents.

Here's some information: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

6.2. Canadian business
The definition applies to both large and small businesses and includes:
• federally or provincially incorporated businesses that have an ongoing operation in Canada;
• other enterprises that have an ongoing operation in Canada, are capable of generating
revenue, are carried out in anticipation of profit and in which a majority of voting or ownership
interests is held by Canadian citizens, permanent residents or Canadian businesses; and
• enterprises which have been created by the laws of Canada or a province.
Note: It does not include businesses that have been created primarily for the purpose of allowing a
permanent resident to satisfy their residency obligation while residing outside of Canada [R61(2)].

and

http://www.cic.gc.ca/english/information/applications/guides/5529ETOC.asp

B. Employment outside Canada

Acceptable employment

Each day that you are working outside Canada is considered a day for which you satisfy the residency obligation provided that your employment meets the following criteria. You are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province, and are assigned on a full-time basis to:
•a position outside Canada;
•an affiliated enterprise outside Canada; or
•a client of the Canadian business or the public service outside Canada.

Canadian business

For the purposes of this application, a Canadian business is defined as:
•a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada; or
•an enterprise that has an ongoing operation in Canada and is capable of generating revenue and is carried out in anticipation of profit, and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above; or
•an organization or enterprise created by the laws of Canada or a province.

Evidence of acceptable employment

You must provide supporting documents indicating that your employment outside of Canada meets the requirements of the residency obligation. Refer to the Document Checklist (IMM 5627) (PDF, 121 KB) for a list of supporting documents.

 

[agmaa]

Thanks for your input.

Any other replies please that focuses on the main point I'm making: can my scenario be used for reapplying?

 

[SenoritaBella]

You don't say what you are reapplying for? Is it permanent residence?

 

[jes_ON]

- A PR holder who his residency is expiring late next year, he hasn't met the residency requirements.
- His current employer is a international one who can offer a Canadian contract for him.
(1) Can he reapply using this new contract?

Yes, but (as I understand it) not until he has relinquished his PR status.

It would help to clarify if the intention is for the new contract to begin before his status will expire.

(2) Can he claim the points of an LMO?

LMOs are for work permits, not for PR applications. There are no "points" for an LMO.

There have been many changes to immigration in the past 5 years, your friend should start reading about the different options.

(2) If yes, for LMO, he is a PR now, so the company doesn't have to advertise for the job for Canadians first, right?

LMOs are to hire foreign workers. Since your friend will not be a foreign worker until he loses his PR, then there is no need for an LMO or work permit until then. Not even sure if they will accept an LMO application before he formally loses his status.

Frankly, your friend's situation sounds complicated, and would probably benefit from discussing it with an immigration lawyer.