PR retention while stationed abroad URGENT

[Can_Princess]

I received my PR in early 2011 and since then have been travelling back and forth to Canada but to date still have some days to make up to meet the 2 years out of 5 years for PR renewal. I am about to get a job with a Canadian company which is part of a Global group. There is also a possibility that later in the year, I can get transferred to another company in the group as an Expat, while still being employed by the Canadian Company.
Before I make a decision, especially as my remaining 2 years for fulfilling the PR renewal is so close, I wanted to get some advice.
Will employment as an Expat based outside of Canada still count towards my time to meet my PR requirements since I will be employed by the Canadian company.
Thanks

 

[keesio]

As far as I know, time spend outside Canada while working for Canadian company may count towards PR if the position was originally based in Canada but then they transferred you abroad because of the job requirements. If this applies to you (it sounds like it may), then you may be ok. Applying for a position if the position is already abroad from the start will not count.

I'm hardly an expert on this so hopefully some of the more experienced posters will comment.

 

[Leon]

If you are hired by a genuine Canadian employer and then transferred to a full time position outside Canada, your days spent working for that employer should count towards your residency requirements. However, immigration is aware that this may be abused by some people so they are strict on the definition what counts as a Canadian employer.

 

[Msafiri]

IRPA regs - show them to your employer and ask if the criteria is met for both the company and the position..if not don't touch with a barge pole!

Residency Obligation

Marginal note:Canadian business

61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is
(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;
(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and
(i) that is capable of generating revenue and is carried on in anticipation of profit, and
(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or
(c) an organization or enterprise created under the laws of Canada or a province.

Marginal note:Exclusion

(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

Marginal note:Employment outside Canada

(3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression “employed on a full-time basis by a Canadian business or in the public service of Canada or of a province” means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to
(a) a position outside Canada;
(b) an affiliated enterprise outside Canada; or
(c) a client of the Canadian business or the public service outside Canada.