PR DUE FOR RENEWAL BUT PERMANENT RESIDENCY REQUIREMENT SHORT BY 18 DAYS

[eye-dee]

The requirements for counting time spent outside of Canada are extremely specific. Based on the information you have provided - your situation does not meet these requirements. You should only count time you have physically spent in Canada.

To count time working for a Canadian company outside of Canada, the following must happen:
- You must first be hired by an existing Canadian company for a role in Canada. This must be a company that has Canadian operations (e.g. physical offices in Canada) and income from operations in Canada.
- Once you have worked in the role in Canada for a while (at least a number of months), that same company must then transfer you to a permanent role outside of Canada.
- When you return to Canada, you must still be working for the same company (i.e. they must transfer you back to a role in Canada).

The contract situation you've described doesn't meet these requirements. And you've already said in your first post that you were unable to find a role in Canada - so that means the first criteria above hasn't been met. Definitely do not count these days. Pretty much guaranteed IRCC will exclude them.

Brilliant Scylla, You have just hit the nail on the head for me. All comments I got so far have been very helpful. I will keep this in mind and stay put in Canada (since I would not lose my status) till I meet the residency requirement. Very grateful to everyone that has enlighten me.

 

[canuck78]

Hello Coordinator and all,

I need help and guidance. My PR is due for renewal but, I will not be able to make 730 days residency requirements before I send it in for renewal. I will give background and will appreciate options that are available to me.

1. Got my PR (with my family) after 7 years of applying.
2. Had to come and land very quickly in 2014 due to the limited period available on my medical.
3. After landing I had to go back to complete the project I was working and sold my property abroad.
4. Final landing was done in 2015.
5. My family have no issues renewing their PR or getting citizenship. It is only me that has this issue.
6. Reason - I was unable to get a job for 7 months, hence had to look beyond Canada to be able to support my family and apply for mortgage for the properties I had deposited for.
7. I have been in and out of Canada working in the last 3 years. It was never my intention to keep going to work outside Canada
8. I was able to work full time for my Canadian registered business for a client abroad recently (2018 to date)
9. Been back to Canada since Dec 2018.
10. Whilst working abroad, most of the funds I make were moved to Canada where I have acquired 2 properties (living in one and another as rental property)
11. I had always and still intend to make Canada my home with my family.
12. My total residence is 18 days short of the required 730.

What are my options? Do I have to leave Canada when my PR expires or do I apply for renewal on compassionate grounds?

Purely legal suggestion will be appreciated.

Thanks in advance

Would point out that the fact that your funds have been moved to Canada is not a big deal. Given your family was in Canada you should have been declaring your full income and paying taxes on your income (as well as other country if there is a tax treaty).