Specific questions regarding the exemption to the 2 / 5 years rule

[temple_arch]

Hi all,

First time posting here and I would like to clarify something if possible. It might be a bit too technical and at the mercy of the IRCC officer that will review my case.

Here is my situation:

-I'm a PR holder living in Canada and a contractor working remotely with companies.

-In a few months, a company in the US I'm working with will establish a Canadian entity in TO at which point I will become a full time employee there but still being remote and able to work from anywhere

-I'm originally from Japan and considering to move back there for an extended period of time. Possibly more than 3 years.

My questions are:

-Can I still renew my PR from outside even after 3 years there as long as I have the full time contract with the Canadian office of the company, since one of the exemptions I see in the 2 / 5 years rule is that you are a full time employee of a Canadian business?

My concern here is that do I need to be under a specific order by the company to be in another country in order to qualify for the exemption rather than my free will to work from different country.

Or do I need to be working at a Japanese child company of the Canadian company (like if Canadian Tire had a Japanese office) to be qualified for it?

And whether they would count a Canadian office of an American company as a "Canadian business" is also unclear. I just don't know how specific this exemption is, and I don't want to mess this up and lose my PR.

-If yes, should I wait in Canada until they establish the Canadian office or can I just go while still being a contractor?

-What document do I need to prove that I am in fact a full time employee?

If anyone can shed a light on this, that would be greatly appreciated.

Thank you!

 

[Bs65]

The rule is that you need to both be employed by a Canadian company in Canada and also assigned temporarily outside Canada by that company in order to maintain the residency obligation. Choosing yourself to work outside Canada even if for a Canadian company would not be the same as being sent on a temporary work assignment.

A US company setting up an entity in Canada probably would not be considered a Canadian company in terms of ownership but others can correct me

Also note that you have to be in

https://www.canada.ca/en/immigratio...renewal-change-sex-designation.html#appendixA

 

[Rob_TO]

Hi all,

First time posting here and I would like to clarify something if possible. It might be a bit too technical and at the mercy of the IRCC officer that will review my case.

Here is my situation:

-I'm a PR holder living in Canada and a contractor working remotely with companies.

-In a few months, a company in the US I'm working with will establish a Canadian entity in TO at which point I will become a full time employee there but still being remote and able to work from anywhere

-I'm originally from Japan and considering to move back there for an extended period of time. Possibly more than 3 years.

My questions are:

-Can I still renew my PR from outside even after 3 years there as long as I have the full time contract with the Canadian office of the company, since one of the exemptions I see in the 2 / 5 years rule is that you are a full time employee of a Canadian business?

My concern here is that do I need to be under a specific order by the company to be in another country in order to qualify for the exemption rather than my free will to work from different country.

Or do I need to be working at a Japanese child company of the Canadian company (like if Canadian Tire had a Japanese office) to be qualified for it?

And whether they would count a Canadian office of an American company as a "Canadian business" is also unclear. I just don't know how specific this exemption is, and I don't want to mess this up and lose my PR.

-If yes, should I wait in Canada until they establish the Canadian office or can I just go while still being a contractor?

-What document do I need to prove that I am in fact a full time employee?

If anyone can shed a light on this, that would be greatly appreciated.

Thank you!

Most likely this will not count to your RO. It's not just being employed by a Canadian company. As stated above, there is a specific condition that must be met in that you would be employed full time first in Canada, get transferred to an assignment outside Canada, and always with intent that you would eventually return back to Canada to continue your original role once that assignment is over.

Your situation doesn't sound close to meeting this criteria.

 

[temple_arch]

Bs65, Rob,

Thank you for your answers. I sort of knew it would be too easy, but I had to ask.

I will try to come back within the 2/5 years timeframe.

Thank you so much!