Maintain Canadian PR...Complex situation

[necmergitur9185]

Dear all,

I have been a Canadian PR for 2 years living outside Canada, and finally moved to Montreal. I was wondering whether I'd be able to meet the 730 days residency obligations under the following circumstances:

My Canadian employer is the Montreal-based subsidiary of a multinational company headquartered in the United States. It is incorporated under the laws of Canada, nearly all employees are Canadians, etc. Since the employer is a consulting firm, projects take us wherever clients are -- and oftentimes, that means the United States. Thus, many people in my company travel to the U.S. Monday through Thursday, back to Canada Friday-Sunday. Will I be able to count these short, but repeated trips as "employment outside Canada"? Keep in mind that I will be paid in Canada, pay my taxes in Canada, etc. the entire time.

I checked (ww.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA) and the answers are contradictory...It implies that one must be assigned abroad full-time, as opposed to traveling in-and-out of Canada frequently on business.

Gurus, any clue? Or any good lawyers to help with this matter? I may need to rescind this offer if it will compromise my ability to stay in Canada

Thanks,

Necmergitur

 

[Msafiri]

IRPA (current Immigration Act)

28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.


(2) The following provisions govern the residency obligation under subsection (1):

(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

(i) physically present in Canada,


(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,


(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,


(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or


(v) referred to in regulations providing for other means of compliance;


Your case falls under 28(2)(iii) where the key fact is that you are employed on a full time basis...IMHO you seem to be ok but without having your employment contract to hand its not clear cut.

Ultimatley the travel will impact on your Citizenship application so best if you get re-assigned to a role where you are mostly in Canada.

 

[necmergitur9185]

My employment is for the Canadian branch of a global management consulting firm. While I expect that much of my work will be Canada-based, employees can be allocated to projects anywhere in the world based on business demand...

Any one who's been in a similar situation? Any other thoughts?

Thanks all for the help!

M.

 

[necmergitur9185]

Anybody else? Leon and other gurus?

 

[steaky]

Anybody else? Leon and other gurus?

Are you working full time for that Canadian business?

 

[necmergitur9185]

Yes. It's a bona fide, full-time offer for the Montreal office. But the firm is global, so projects can take you literally anywhere based on business demand + your skillset.
It's fairly common for consulting firms to have this kind of model. I suppose I could get the employer to write a letter stating that global assignments and frequent international travel are part of my job responsibilities?