PR status when going on missions abroad

[Norak]

Dear moderators

I have gotten a position based in Canada, but for which I have to travel occasionally abroad. Will the days I spend on mission abroad count towards the residency requirement of time spent in the country?

I know that days spent on a job located overseas for a Canadian company count as days spent in Canada. But I am not sure how they consider days spent on overseas missions when your duty station is in Canada.

Thanks a lot.

 

[Norak]

Dear seniors

Anyone who could help with this? It will be greatly appreciated.

 

[PMM]

Hi

Dear moderators

I have gotten a position based in Canada, but for which I have to travel occasionally abroad. Will the days I spend on mission abroad count towards the residency requirement of time spent in the country?

I know that days spent on a job located overseas for a Canadian company count as days spent in Canada. But I am not sure how they consider days spent on overseas missions when your duty station is in Canada.

Thanks a lot.

I think that the reason no one answers your question, is that don't know what you mean by "missions" If your employer is a Canadian company, then yes the days count for PR, if not defined by CIC as a Canadian employer, then they don't.

 

[Norak]

Dear PMM

Thanks for the reply.

By 'missions' I meant overseas trips for work, while based in Canada for work.

 

[Msafiri]

Dear moderators

I have gotten a position based in Canada, but for which I have to travel occasionally abroad. Will the days I spend on mission abroad count towards the residency requirement of time spent in the country?

I know that days spent on a job located overseas for a Canadian company count as days spent in Canada. But I am not sure how they consider days spent on overseas missions when your duty station is in Canada.

Thanks a lot.

Sorry no dice the Immigration and Refugee Protection Act in regards to the Residence Obligation makes reference to being assigned abroad on a full-time basis...you are merely undertaking a business trip which irrespective of duration is not an assignment. As such these days abroad don't count and you must exclude them from any count for PR Card renewal and/or citizenship application.

 

[Norak]

Thank you for the reply.

But it seems illogical to me - if my company asks me to travel for work abroad, why should I be penalized for that? I am simply doing my work. I am not leaving the country (albeit for a few days) at my own will...

 

[Msafiri]

Thank you for the reply.

But it seems illogical to me - if my company asks me to travel for work abroad, why should I be penalized for that? I am simply doing my work. I am not leaving the country (albeit for a few days) at my own will...

Its quite logical actually...if the nature of your job involves trips abroad that are not full time assignments as per the Immigration laws why should the absence count? CIC's logical view is that you chose the job on your own will...if the residence days are an issue then cut back on the travel or get a different job.

 

[Norak]

Thanks for the reply, but I still do not see the logic.

Why working for a Canadian company overseas for one year is Ok, but for one week is not Ok?

 

[Norak]

Any reactions to this issue?

 

[Msafiri]

Thanks for the reply, but I still do not see the logic.

Why working for a Canadian company overseas for one year is Ok, but for one week is not Ok?

IRPA

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

(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,

Employment outside Canada

IRPA regs sec 61

(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.

Dear moderators

I have gotten a position based in Canada, but for which I have to travel occasionally abroad. Will the days I spend on mission abroad count towards the residency requirement of time spent in the country?.......

Thanks a lot.

You define your base as Canada and your travel as occasional (your words not mine) so logic tells me you know the deal and are just clutching at straws!

Anyway if you can convince CIC and/ or the courts (for rejected Residency Obligation based immigration applications that you appeal) that your short term business trips are conclusively full time overseas assignments as per the above legislation then sure go ahead...let us know how it goes. If you still think there is no logic then you can approach your MP with your proposal to take to Parliament or start a petition against CIC. Good luck!