Physical residence: public service employee on maternity leave

[Zanum]

Hi all,

So I have a rather complicated situation. My husband lives and works in the USA and I was working with the provincial public service in ontario. We were living apart because his PR application was still in process. We were working and visiting each other...and during this time I had a baby in Toronto.

When i went on maternity leave, i naturally went to live with my husband in the States.

Can i count this time as towards my physical presence in canada? Because i was still employed under public service.

All replies would be really appreciated! Thank u!

 

[Seym]

No. You were not a crown servant during your maternity leave.

 

[Zanum]

Thanks for your reply Seym! Are u sure i wouldnt be able to count this time

Residence outside Canada
Residing outside Canada with a Canadian spouse or common-law partner, or with a permanent resident spouse, common-law partner, or parent who is employed in or with the Canadian Armed Forces, the federal public administration, or the public service of a province, otherwise than as a locally engaged person, can be counted towards the physical presence requirement.

Residing outside Canada as a permanent resident employed in or with one of the government institutions referenced above can be counted towards the physical presence requirement.

 

[dpenabill]

Thanks for your reply Seym! Are u sure i wouldnt be able to count this time

Residence outside Canada
Residing outside Canada with a Canadian spouse or common-law partner, or with a permanent resident spouse, common-law partner, or parent who is employed in or with the Canadian Armed Forces, the federal public administration, or the public service of a province, otherwise than as a locally engaged person, can be counted towards the physical presence requirement.

Residing outside Canada as a permanent resident employed in or with one of the government institutions referenced above can be counted towards the physical presence requirement.

I understand your job to be in Ontario and you were abroad during leave from the job. In which case @Seym has it right.

Unless the job itself, for Ontario, is located in the U.S.; that is unless you are assigned to work outside Canada.

I am not sure where your quote is taken from, but it leaves out a key element; in particular, the applicable statutory provision is Section 5(1.02) in the Citizenship Act, where it states:

Any day during which an applicant for citizenship was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).​

See http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont

The "employed outside Canada" is a key, necessary element. Which after all is what makes sense. Sorry to disappoint.

 

[Zanum]

Thanks for taking the time out to write such a detailed reply. It makes complete sense.

I have to leave canada to go to my home country and take care of my mother who has recently had 2 strokes and terminally ill. I may be gone for a year or 2... Not sure.

Which might mean that my PR will expire by then. Just wanted to check if there is anything i could do before leaving.

 

[Zanum]

I came to canada as a student and have worked very hard for so many years with many personal problems. Its just bad timing that i will have to leave when im so close to my citizenship eligibility. But nothing more important than family.

Just wondering if there are any other laws or clauses under which i can apply.... Humanitarian or compassionate grounds etc.?

 

[keesio]

I have to leave canada to go to my home country and take care of my mother who has recently had 2 strokes and terminally ill. I may be gone for a year or 2... Not sure.

Which might mean that my PR will expire by then. Just wanted to check if there is anything i could do before leaving.

If your PR RO expires while abroad taking care of your mom, there is a decent chance that you will be allowed back to Canada (when ready to return) without being reported due to H&C grounds. Then from there you can stay in Canada to build up your residency days again to apply for citizenship.

 

[zardoz]

I came to canada as a student and have worked very hard for so many years with many personal problems. Its just bad timing that i will have to leave when im so close to my citizenship eligibility. But nothing more important than family.

Just wondering if there are any other laws or clauses under which i can apply.... Humanitarian or compassionate grounds etc.?

To qualify for citizenship? No. Apart from the provision referred to above, actual physical presence is mandatory...

 

[canuck78]

Assume you are taking your child so be sure to notify CRA that you are out of the country so you don't receive CCB and notify your provincial health organization that you will be out of the country for an extended amount of time.