PRC Renewal - Working for Canadian Business Abroad

[ImmiHelp2018]

Hi.

My PRC is going to expire in December. I haven't met the residency requirement but I have been working for a Canadian Firm (have my T4 etc). Have filled my income tax return as well.

Wondering if anyone has experience getting their PRC renewed under 'Working for Canadian Business' category and how long did it take?

Thanks in advance.

 

[Bs65]

Just to clarify that you were working for this company in Canada before they assigned you temporarily to work outside Canada ?

 

[Buletruck]

And you would still need to apply for it from within Canada.

 

[dpenabill]

Hi.

My PRC is going to expire in December. I haven't met the residency requirement but I have been working for a Canadian Firm (have my T4 etc). Have filled my income tax return as well.

Wondering if anyone has experience getting their PRC renewed under 'Working for Canadian Business' category and how long did it take?

Thanks in advance.

As the posts by @Bs65 and @Buletruck allude, relying on the credit toward compliance with the PR Residency Obligation, for time abroad working for a Canadian business, is fraught with caveats.

Perhaps it is a bit of an exaggeration, but IRCC's approach to this credit tends to exclude almost anyone who does not otherwise already meet the PR Residency Obligation anyway. The reference to a TEMPORARY assignment abroad by @Bs65 looms large in this regard.

Indeed, reports about relying on this credit in situations more likely to not qualify are so prevalent there is, perhaps, a tendency here to doubt the PR will qualify for the credit unless it is clear the PR's employment, in addition to the employer, meets the criteria.

There are numerous other topics here in which aspects of this are discussed in-depth, at-length. The most common stumbling block tends to be about whether the employment is a "temporary assignment." This almost always requires the PR to have been living and working for the employer IN CANADA prior to being assigned abroad, with a more or less concrete plan for the PR to return to Canada to work in Canada for the same employer.


ASSUMING YOUR EMPLOYMENT and EMPLOYER MEET THE CRITERIA:

Make no mistake, this is a big assumption. It is apparent far more probably get this wrong than get it right. The fact the employer is a Canadian company is NOT enough, not anywhere near enough.

But, assuming you meet the criteria, then as @Buletruck observed the PR must still make the application for a new PR card from within Canada.

It is far better to wait to do this AFTER the temporary assignment abroad has ended and you have been reassigned to a position with the employer IN CANADA, and are in fact back in Canada to stay. Until then, until the PR has actually returned to live and work IN CANADA, IRCC prefers (and probably expects) the PR to rely on making an application for a PR Travel Document for the purpose of traveling to Canada.

 

[ImmiHelp2018]

Thank you all for the feedback. Just to give a back ground info, I've been living in Canada for almost 13 years. Have been working for reputable organizations. Have already gotten my PRC renewed once, but just because of stupidity never applied for citizenship. Long story short, "life" happened and I had to move temp because of some personal reasons. An old colleague referred this company to me while I was away. So technically they hired me while I was away and they needed a local rep. Money was good and time flew by.

Other option could be compassionate grounds, as I had some valid family issues (pending divorce, custody issues etc). As my PRC is currently valid, I can come back and apply IN Canada; but just trying to assess the correct route. Thank in advance to all of you.

Regards

As the posts by @Bs65 and @Buletruck allude, relying on the credit toward compliance with the PR Residency Obligation, for time abroad working for a Canadian business, is fraught with caveats.

Perhaps it is a bit of an exaggeration, but IRCC's approach to this credit tends to exclude almost anyone who does not otherwise already meet the PR Residency Obligation anyway. The reference to a TEMPORARY assignment abroad by @Bs65 looms large in this regard.

Indeed, reports about relying on this credit in situations more likely to not qualify are so prevalent there is, perhaps, a tendency here to doubt the PR will qualify for the credit unless it is clear the PR's employment, in addition to the employer, meets the criteria.

There are numerous other topics here in which aspects of this are discussed in-depth, at-length. The most common stumbling block tends to be about whether the employment is a "temporary assignment." This almost always requires the PR to have been living and working for the employer IN CANADA prior to being assigned abroad, with a more or less concrete plan for the PR to return to Canada to work in Canada for the same employer.


ASSUMING YOUR EMPLOYMENT and EMPLOYER MEET THE CRITERIA:

Make no mistake, this is a big assumption. It is apparent far more probably get this wrong than get it right. The fact the employer is a Canadian company is NOT enough, not anywhere near enough.

But, assuming you meet the criteria, then as @Buletruck observed the PR must still make the application for a new PR card from within Canada.

It is far better to wait to do this AFTER the temporary assignment abroad has ended and you have been reassigned to a position with the employer IN CANADA, and are in fact back in Canada to stay. Until then, until the PR has actually returned to live and work IN CANADA, IRCC prefers (and probably expects) the PR to rely on making an application for a PR Travel Document for the purpose of traveling to Canada.

 

[Sunny2019]

Hi.

My PRC is going to expire in December. I haven't met the residency requirement but I have been working for a Canadian Firm (have my T4 etc). Have filled my income tax return as well.

Wondering if anyone has experience getting their PRC renewed under 'Working for Canadian Business' category and how long did it take?

Thanks in advance.

——

Did you get your PR renewed ?

 

[Sunny2019]

I have similar case. Did anyone have similar experience would like to know if any changes. Thanks

 

[dpenabill]

I have similar case. Did anyone have similar experience would like to know if any changes. Thanks

I have not had any personal experience in claiming the working-abroad-for-Canadian-business credit.

However, I have provided a list with links to many officially published decisions which involve ACTUAL cases where this credit was considered. See topic titled "Working Abroad RO credit, including "business trips;" an update"

Which brings me around to providing a longer list of IAD and FC decisions. The primary object is to provide a broad-range of ACTUAL cases as reliably described by OFFICIAL authorities.

For Reliable Accounts of Actual Cases Re working-abroad-credit See The Following:

Federal Court decisions:
Baraily v. Canada (CIC), 2014 FC 460 (CanLII), <http://canlii.ca/t/g6z62>
Bi v. Canada (CIC), 2012 FC 293 (CanLII), <http://canlii.ca/t/fqtsz>
Durve v. Canada (CIC), 2011 FC 995 (CanLII), <http://canlii.ca/t/fmqvt>
Durve v. Canada (CIC), [2015] 2014 FC 874 (CanLII), <http://canlii.ca/t/g90xc>
He -- Canada (CIC) v. He, 2018 FC 457 (CanLII), <http://canlii.ca/t/hrv9t>
Jiang -- Canada (CIC) v. Jiang, 2011 FC 349 (CanLII), <http://canlii.ca/t/flfrk>
Waraich v. Canada (CIC), 2018 FC 307 (CanLII), <http://canlii.ca/t/hrbft>


IAD decisions:
Adeosun v Canada (CIC), 2018 CanLII 79071 (CA IRB), <http://canlii.ca/t/htn90>
Alkhen v Canada (CIC), 2018 CanLII 107669 (CA IRB), <http://canlii.ca/t/hw2jt>
Belghiti v Canada (Pub Saf.), 2016 CanLII 54523 (CA IRB), <http://canlii.ca/t/gt2g9>
Durve v. Canada (CIC), 2013 CanLII 44900 (CA IRB), <http://canlii.ca/t/fxgkq>
Faeli v. Canada (CIC), 2005 CanLII 56914 (CA IRB), <http://canlii.ca/t/1rnd9>
Falsafi v. Canada (CIC), 2012 CanLII 92972 (CA IRB), <http://canlii.ca/t/fvr0p>
Gencoglu v Canada (CIC), 2016 CanLII 97304 (CA IRB), <http://canlii.ca/t/gx80k>
He v Canada (CIC), 2018 CanLII 118633 (CA IRB), <http://canlii.ca/t/hwjnm>
Imanzadeh v Canada (CIC), 2018 CanLII 102055 (CA IRB), <http://canlii.ca/t/hvtkg>
Janotta v Canada (CIC), 2018 CanLII 41729 (CA IRB), <http://canlii.ca/t/hrzg5>
Kanwal v Canada (CIC), 2018 CanLII 107687 (CA IRB), <http://canlii.ca/t/hw2kp>
Kapoor v Canada (CIC), 2018 CanLII 112319 (CA IRB), <http://canlii.ca/t/hw8jt>
Nagappan v Canada (CIC), 2018 CanLII 117109 (CA IRB), <http://canlii.ca/t/hwgqs>
Okunbo v Canada (CIC), 2018 CanLII 121460 (CA IRB), <http://canlii.ca/t/hwmzs>
Onianwah v Canada (CIC), 2018 CanLII 117112 (CA IRB), <http://canlii.ca/t/hwgq6>
Shah v. Canada (CIC), 2011 CanLII 55976 (CA IRB), <http://canlii.ca/t/fn1xt>
Shen v Canada (CIC), 2017 CanLII 56623 (CA IRB), <http://canlii.ca/t/h5pqz>
Shoaee v Canada (CIC), 2018 CanLII 72635 (CA IRB), <http://canlii.ca/t/htbx7>
Schroeder v Canada (CIC), 2018 CanLII 54709 (CA IRB), <http://canlii.ca/t/hskn3>
Siek v Canada (CIC), 2018 CanLII 79718 (CA IRB), <http://canlii.ca/t/htnww>
Tripathy v Canada (Pub Saf), 2015 CanLII 107860 (CA IRB) <http://canlii.ca/t/h30s4>
Wang v Canada (CIC), 2018 CanLII 57545 (CA IRB), <http://canlii.ca/t/hsp86>
Wei v Canada (Pub Saf.), 2016 CanLII 92583 (CA IRB), <http://canlii.ca/t/gwpzn>
Xin v Canada (CIC), 2018 CanLII 74069 (CA IRB), <http://canlii.ca/t/htdrb>
Zeng v. Canada (CIC), 2012 CanLII 12935 (CA IRB), <http://canlii.ca/t/fqkw9>
Zhou v Canada (Pub Saf.), 2018 CanLII 27228 (CA IRB), <http://canlii.ca/t/hrbbj>

This is a MERE SAMPLE. But it is a selective sample chosen from among many, many other official decisions. (Chosen with an emphasis on more recent cases, but some older influential and informative decisions are also listed.)

There is another post following the one above which also provides links to several topics here where this issue is discussed in depth, including observations from many other participants here.

Edit to Note that links in Quote above do not work; see linked post itself for links to the cases where actual cases are described.