+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

RO Question

contactniraj

Member
Jul 13, 2020
15
0
Hi Folks,

I have a question regarding RO days calculation.

1) Are the days on vacation while employed by Canadian business count towards RO?
2) If I am staying with spouse in US while employed by Canadian business count towards my RO?

Thanks
 

primaprime

VIP Member
Apr 6, 2019
3,390
883
1. Only if your spouse is a Canadian citizen and you went on vacation together.
2. Only if you or your spouse are employed full-time in the US by a Canadian company.
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

Note for (2) you wll find plenty of examples on the forum that unless accompanying a citizen abroad that just working for a Canadian employer assumes that employer has temporarily assigned someone to work outside of the country. So not as simple as someone deciding themselves to go work remotely in a different country whilst still employed by a Canadian employer .
 
Last edited:
  • Like
Reactions: k.h.p.

contactniraj

Member
Jul 13, 2020
15
0
Thanks @Bs65 and @primaprime ,
For (2) I am employed by Canadian business, they are registered in Canadian province. Do they have to have a business registered in US as well? I think many Canadian businesses directly do contracts with US clients without having to register in US.
 

dpenabill

VIP Member
Apr 2, 2010
6,284
3,046
@contactniraj : There are numerous topics here in which the employed-abroad-by-Canadian-business credit toward the PR Residency Obligation is discussed at length and in-depth. What qualifies for this credit is far more limited than many recognize.

Just being employed by a Canadian business while abroad does NOT come anywhere near close to meeting the technical requirements for this credit. Generally, most PRs inquiring about this credit in this forum do NOT qualify for it. In the absence of clear facts showing the PR's situation meets the requirements for this credit, it is generally safe to infer it is very likely the PR does NOT qualify for the credit. For example, the factual situation you describe falls way, way short of indicating the credit would be available to you.

That said, it would not be prudent to say for sure. Many unstated elements can and likely will have influence in whether you, in particular, in your individual situation, qualify for the credit. Best guess, probably not, but that is based on statistical probabilities whereas whether you qualify for the credit will be based on the specific facts in your situation. The statistical probabilities largely irrelevant.

If after reading what is offered here you think there is a chance you might qualify for the credit, you might want to do some homework in the other relevant topics here where this is discussed at length and in-depth. Note, in many of those discussions, I and other link to both authoritative and official sources, including numerous IAD and Federal Court decisions ruling on actual cases. OR SEE A LAWYER. For a consultation, to review the facts in your situation and get a professional opinion, based on YOUR SPECIFIC FACTS.

NOTE: There is NO way to get any kind of official determination ahead of time. IRCC or CBSA will only determine the availability of the credit in the course of a RO compliance examination. That is, if you rely on the credit the risk is the credit will not be allowed, leaving you in breach of the RO and subject to losing PR status.

I sometimes comment that in order to qualify for the credit the PR needs to be IN Canada enough to be in compliance with the RO without getting the credit. This is an exaggeration but not by a lot.

The technicalities aside, generally the credit is NOT allowed if the situation is one in which the employment arrangements are largely about facilitating living abroad. That is, PRs expecting the credit to apply in a way that allows them to live abroad, generally, are NOT going to be allowed the credit.

The latter is no exaggeration but it is an over-simplification. To be sure, the technicalities do matter. The technicalities will determine whether the credit is allowed in a particular case.

Leading to . . .


This is correct but way short of the whole story. In particular, there is more to how terms like "assigned," and "full-time basis," are interpreted and applied in particular cases.

Clue: the interpretation and application of these terms tends to narrow the range of employment-relationships which will qualify for the credit. As others comment, for example, "assigned" generally means "temporarily assigned."


For (2) I am employed by Canadian business, they are registered in Canadian province. Do they have to have a business registered in US as well? I think many Canadian businesses directly do contracts with US clients without having to register in US.
Additionally, likewise, there is more to what constitutes a "Canadian business" that qualifies for the credit than merely being organized, incorporated, or otherwise registered in Canada.

OVERALL: See a competent immigration lawyer for a consultation OR, at the least, read through a fair amount of the other discussions in this forum about this credit BEFORE relying on it.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
OP’s situation is also more complicated because the family has 2 US born children one before relocating to the US and one during this transfer. It is a clear reminder of when the family has been out of Canada. Based on previous posts even the elder child doesn’t have PR.
 

primaprime

VIP Member
Apr 6, 2019
3,390
883
@contactniraj : There are numerous topics here in which the employed-abroad-by-Canadian-business credit toward the PR Residency Obligation is discussed at length and in-depth. What qualifies for this credit is far more limited than many recognize.

Just being employed by a Canadian business while abroad does NOT come anywhere near close to meeting the technical requirements for this credit. Generally, most PRs inquiring about this credit in this forum do NOT qualify for it. In the absence of clear facts showing the PR's situation meets the requirements for this credit, it is generally safe to infer it is very likely the PR does NOT qualify for the credit. For example, the factual situation you describe falls way, way short of indicating the credit would be available to you.

That said, it would not be prudent to say for sure. Many unstated elements can and likely will have influence in whether you, in particular, in your individual situation, qualify for the credit. Best guess, probably not, but that is based on statistical probabilities whereas whether you qualify for the credit will be based on the specific facts in your situation. The statistical probabilities largely irrelevant.

If after reading what is offered here you think there is a chance you might qualify for the credit, you might want to do some homework in the other relevant topics here where this is discussed at length and in-depth. Note, in many of those discussions, I and other link to both authoritative and official sources, including numerous IAD and Federal Court decisions ruling on actual cases. OR SEE A LAWYER. For a consultation, to review the facts in your situation and get a professional opinion, based on YOUR SPECIFIC FACTS.

NOTE: There is NO way to get any kind of official determination ahead of time. IRCC or CBSA will only determine the availability of the credit in the course of a RO compliance examination. That is, if you rely on the credit the risk is the credit will not be allowed, leaving you in breach of the RO and subject to losing PR status.

I sometimes comment that in order to qualify for the credit the PR needs to be IN Canada enough to be in compliance with the RO without getting the credit. This is an exaggeration but not by a lot.

The technicalities aside, generally the credit is NOT allowed if the situation is one in which the employment arrangements are largely about facilitating living abroad. That is, PRs expecting the credit to apply in a way that allows them to live abroad, generally, are NOT going to be allowed the credit.

The latter is no exaggeration but it is an over-simplification. To be sure, the technicalities do matter. The technicalities will determine whether the credit is allowed in a particular case.

Leading to . . .




This is correct but way short of the whole story. In particular, there is more to how terms like "assigned," and "full-time basis," are interpreted and applied in particular cases.

Clue: the interpretation and application of these terms tends to narrow the range of employment-relationships which will qualify for the credit. As others comment, for example, "assigned" generally means "temporarily assigned."




Additionally, likewise, there is more to what constitutes a "Canadian business" that qualifies for the credit than merely being organized, incorporated, or otherwise registered in Canada.

OVERALL: See a competent immigration lawyer for a consultation OR, at the least, read through a fair amount of the other discussions in this forum about this credit BEFORE relying on it.
My interpretation would definitely be that "assigned" means more than simple employment by a Canadian company. It implies the PR was sent abroad by the company for a specific and temporary reason related to their work, not that they chose to relocate abroad and were merely able to convince the employer to let them continue working remotely. Degree of prior establishment in and ongoing connection to Canada are also factors to consider here.

As for "Canadian business," the IRPR specifically excludes any entity incorporated for the purpose of facilitating RO compliance in this manner, but hopefully OP understands this at a bare minimum.