Showed work period for Canadian business overseas as present in Canada!!

[Canadiandesi2006]

Hi there!

I immigrated to Canada under the old law and filed citizenship application in which I counted the days I worked for a Canadian business overseas as being present in Canada. I did not provide clarification in the cover letter. I had the interview last week and expect to be asked to obtain my travel history from all countried I have been to.
I did not say I worked for this company overseas as there has been a dispute with the company and I had to come back to Canada and my company said they will not help me.

I can proove that I worked for the company overseas and can also prove it is owned by a regisyered Canadian firm having the same name from hopefully the company register.

Would it be possible to write to CIC and provide clarification. I am sure I stand very good chance if I can prove my overseas travel was for working for a firm owned by Canadian business because this is the truth. My fear is that I may be misunderstood as why I did not clarify this in the begining and showed that I was present in Canada jsut because I worked for teh firm abroad.

Please tell me your thoughts as I am fearing for the credibilty of my application. Am I better off withdrawing my application altogether?

With due respect and sympathetic to your situation, I'm afraid your overseas stay may NOT be exempted from minimum required days in Canada. Might be, they refer you to Citizenship Judge, that complete process take almost 4 years yet mostly without positive outcome.

If I'm NOT mistaken, CIC consider mostly Armed Forces Personnel or those working on behalf of Canadian government or those representing Canada in sports or some exceptional fields are exempted from the required physical presence in Canada.

Honestly speaking, its quite a grey area, may be its difficult to convince the CIC unless you get some expert legal assistance.

Another alternative to resolve this, if you are eligible under the new rule, just go for that instead of going thru lot of hassles, spending uncertain length of time and money for attorneys. Even if attorney know you are ineligible, they will charge you...think carefully.

 

[nope]

With due respect and sympathetic to your situation, I'm afraid your overseas stay may NOT be exempted from minimum required days in Canada. Might be, they refer you to Citizenship Judge, that complete process take almost 4 years. Is it worth waiting, you got to decide.

If I'm NOT mistaken, CIC consider mostly Armed Forces Personnel or those working on behalf of Canadian government or those representing Canada in sports or some exceptional field are exempted from the required physical presence in Canada.

Honestly speaking, its quite a grey area, may be its difficult to convince the CIC unless you get some expert legal assistance.

Another alternative to resolve this, if you are eligible under the new rule, just go for that instead of going thru lot of hassles, spending uncertain length of time and money.

It's not a grey area . . .

Your 'may be difficult' is the greatest understatement I've seen on the forum.

 

[keesio]

Dear Scyclla / Kessio and all,

Can you please comment on my last post as I am subject to old rules where working for Canadian business should count.

Regards,

There has been no change between the old rules and new rules regarding this. I am very familiar with the old rules. I applied under the old rules and researched them thoroughly since I did a lot of work abroad for my Canadian employer. And it was clear to me then that for citizenship, the rules are very very strict. You basically need to work for the federal government abroad for any chance to have those days count. For my case, I didn't even try. I just waited longer to apply.

 

[Exports]

I have read in the Citizenship application Guide that the days actually count towrds both PR retention and Citizenship and I am certain they count but would appreciate if you help me where it says it does not.

Would it be acceptabe to CIC to at least justify why I showed the days as presence in Canada or would it be considered misrepresentation?

I am entriely new in this forum and in the process and need some help.

How many days less you are if strict physical presence under the OLD rule?
I applied with self declared less days than 1095 and expected cic to consider my business travel related days due to working for Canadian corporation. My multiple travels out of Canada were in different countries only (3-5 countries in one visit ) for business development and for short durations ranging 15 days to 45 days. However I had test in Aug 15 waiting for almost more than 30 months and currently scheduled for CJ hearing. No sign when I would be scheduled for CJ hearing.

 

[dabas]

Dear Links18,

Thanks for your in-depth analysis, I am not any close to 1095 of physical presence. I am close only when counting my overseas work (about 750 days). Can you give me some more key words for the case KOK to search it online.

 

[nope]

Dear Links18,

Thanks for your in-depth analysis, I am not any close to 1095 of physical presence. I am close only when counting my overseas work (about 750 days). Can you give me some more key words for the case KOK to search it online.

Seriously, don't even bother -- you have about 345 days in Canada, you're not applying for citizenship for at least three more years. You need to be concerned about meeting the PR residency requirement and maintaining your status, not applying for citizenship. CIC does NOT automatically count your time abroad if you are working for a Canadian company; it needs to meet certain criteria.

 

[scylla]

Seriously, don't even bother -- you have about 345 days in Canada, you're not applying for citizenship for at least three more years. You need to be concerned about meeting the PR residency requirement and maintaining your status, not applying for citizenship. CIC does NOT automatically count your time abroad if you are working for a Canadian company; it needs to meet certain criteria.

Agreed. Withdraw your citizenship application and forget about citizenship for a few years.

And yes - you need to carefully review the rules around working for Canadian companies abroad and having that time count towards PR. It isn't enough for the business to be incorporated in Canada - there are additional requirements that have to be met. If your work abroad doesn't meet these requirements, then your PR status itself may already be in jeopardy.

Good luck.

 

[links18]

Dear Links18,

Thanks for your in-depth analysis, I am not any close to 1095 of physical presence. I am close only when counting my overseas work (about 750 days). Can you give me some more key words for the case KOK to search it online.

Man, I don't know how you could have made such a grave mistake. Your chances of prevailing on any qualitative test of residency under the old law are negligible at best. Still, it is up to you if you want to try. I wouldn't. If you still want to forge ahead, I'd get a lawyer who has done these cases before. In any event, I'd start worrying about your PR status if you continue to spend large chunks of time out of Canada. I am sorry.....

 

[dabas]

Hi Link18,

I am fenale graduate and apology if I used my nickname did not reflect my gender.

1. Will withdrawing applications mark badly on my file?
2. Do I have to sit the test every time I apply? if I pass the test with this application, do I need to resit if I withdraw?
3. As long as I do not travel, I do not need to apply for PR to make up some of the time I lost? Am I correct i.e I need not apply at the expirey date so that I can have an eay renewal? Am I right?

I am considering my options including finding work with local employers only with minimum travel.

 

[Canadiandesi2006]

It's not a grey area . . .

Your 'may be difficult' is the greatest understatement I've seen on the forum.

I did not want to state so authoritatively as you. However clearly implied that and warned attorneys might mislead and suggested to be careful.

 

[dabas]

Candiens2006: I do not understand the statements you made if you can explain please!

 

[Canadiandesi2006]

Candiens2006: I do not understand the statements you made if you can explain please!

Since you did not have the required number of minimum 1095 physical days presence in Canada, you are clearly NOT eligible.

CIC will make you wait for over 3 years and send it to Citizenship judge, who would reject it. So, DO NOT wait that long, withdraw your application. CIC would return your $100 fee after few months.

Once you accumulate total 1460 days or even slightly more of physical days stay in Canada you will be eligible to apply Citizenship application under the new rules. Its in your best interest to wait and apply under new rules.

 

[dabas]

Would appreciate an opinion from you mates on this:

1. Will withdrawing applications mark badly on my file?
2. Do I have to sit the test every time I apply? if I pass the test with this application, do I need to resit if I withdraw?
3. As long as I do not travel, I do not need to apply for PR to make up some of the time I lost? Am I correct i.e I need not apply at the expirey date so that I can have an eay renewal? Am I right?

I am considering my options including finding work with local employers only with minimum travel.

 

[scylla]

1. It won't create a mark on your file. But it does seem to increase the chances that you will get the Residency Questionnaire when you apply again.
2. Yes - you will need to take the citizenship test again.
3. Yes - as long as you remain in Canada you will be fine. You should not renew your PR card when it expires. You should wait until you are sure that you meet the residency obligation for PR before you renew.

 

[dabas]

Many thanks Scycla. I found this community really helpful.

I will make up some 300 days and hang on my work for the Candian business overseas for anotehr 300 days rather than counting on 750 days working for this firm abroad.