Time outside Canada while working for a Canadian Company

[WednesdayBlues]

Folks, would love some guidance here. I became a PR in 2018, landed in job in 2019 and I have been in and out of the country since then. (approx 750 days).

During my time away, I have been working for a Canadian Company, full time. I was not asked to move out by the company. I had to visit my family and then extend my stay due to personal reasons. Although I was away from Canada, I was being paid in CAD, paid my taxes, have my pay stubs to show for. The company does not have actual operations or legal entity where I'd visited nor was I asked to work from a different location than Canada. Question is, is there a way that I can count my time outside Canada under residency obligation? Happy to answer questions. Thanks!

 

[Naturgrl]

Folks, would love some guidance here. I became a PR in 2018, landed in job in 2019 and I have been in and out of the country since then. (approx 750 days).

During my time away, I have been working for a Canadian Company, full time. I was not asked to move out by the company. I had to visit my family and then extend my stay due to personal reasons. Although I was away from Canada, I was being paid in CAD, paid my taxes, have my pay stubs to show for. The company does not have actual operations or legal entity where I'd visited nor was I asked to work from a different location than Canada. Question is, is there a way that I can count my time outside Canada under residency obligation? Happy to answer questions. Thanks!

No.

 

[WednesdayBlues]

No.

Hi there. When I am applying to renew my PR Card, should I answer "Yes" for Have you been employed on a full-time basis by a Canadian business outside Canada or in the federal public administration or the public service of a province, while you were absent from Canada?

 

[Naturgrl]

Hi there. When I am applying to renew my PR Card, should I answer "Yes" for Have you been employed on a full-time basis by a Canadian business outside Canada or in the federal public administration or the public service of a province, while you were absent from Canada?

You answer NO. The Canadian business you are working for doesn’t have offices outside Canada nor have you been transferred to their foreign office. That is what the question is asking.

 

[dpenabill]

Hi there. When I am applying to renew my PR Card, should I answer "Yes" for Have you been employed on a full-time basis by a Canadian business outside Canada or in the federal public administration or the public service of a province, while you were absent from Canada?

Based on what you have described, the best or most appropriate response is most likely "[No]"

In simple, not at all technical terms, the reason is that it appears you happened to be outside Canada while employed by a Canadian business, not employed to work outside Canada. The more technical term is "assigned," and it appears that you have not been assigned to work outside Canada.

Which is essentially what @Naturgrl has stated. Except I do not definitively state how you should respond, but rather I refer to what is "most likely" the appropriate response. Thing is, the precise details can matter, and it is up to you to use your judgment to decide how to most accurately and honestly respond to questions in the application form.

Except here it is not a close call.

I usually offer the longer, more nuanced explanation to show the reasoning, to illustrate it is not mere opinion. But I am afraid this too often tends to cause some confusion. Like here, the response from @Naturgrl is so almost certainly the right way to approach this, there is a risk that any attempt to clarify will muddle more than it illuminates. I could, for example, clarify that in some circumstances a PR could answer [Yes] and qualify for the working-abroad-for-Canadian-business credit even if the Canadian company has no offices outside Canada (and actually many of the situations in which the credit would be available involve temporary assignments to other businesses outside Canada, such clients or customers of the Canadian business).

If you are still uncertain, be sure to carefully read the instructions for providing supporting documents to include with the application. In particular, those in the Appendix to the guide, which is here https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#appendixA and see the instructions for "Situation A. Employment outside Canada" and, note for example, it specifically refers to work outside Canada:

"as a term of your job or contract, you are assigned on a full-time basis to:​

a position outside Canada​

an affiliated enterprise outside Canada or​

a client of the Canadian business . . . outside Canada"​

 

[scylla]

Folks, would love some guidance here. I became a PR in 2018, landed in job in 2019 and I have been in and out of the country since then. (approx 750 days).

During my time away, I have been working for a Canadian Company, full time. I was not asked to move out by the company. I had to visit my family and then extend my stay due to personal reasons. Although I was away from Canada, I was being paid in CAD, paid my taxes, have my pay stubs to show for. The company does not have actual operations or legal entity where I'd visited nor was I asked to work from a different location than Canada. Question is, is there a way that I can count my time outside Canada under residency obligation? Happy to answer questions. Thanks!

Agreed with what others have said. Based on the description, your time outside of Canada won't count.

How many days do you have in Canada within the last 5 years? If 730+ you are good to renew your PR card.

 

[WednesdayBlues]

Agreed with what others have said. Based on the description, your time outside of Canada won't count.

How many days do you have in Canada within the last 5 years? If 730+ you are good to renew your PR card.

Hi there, I have been in Canada for a little over 900 days now... I was looking at the PR card renewal questions so got curious about the time I spent outside the country.

 

[WednesdayBlues]

Based on what you have described, the best or most appropriate response is most likely "[No]"

In simple, not at all technical terms, the reason is that it appears you happened to be outside Canada while employed by a Canadian business, not employed to work outside Canada. The more technical term is "assigned," and it appears that you have not been assigned to work outside Canada.

Which is essentially what @Naturgrl has stated. Except I do not definitively state how you should respond, but rather I refer to what is "most likely" the appropriate response. Thing is, the precise details can matter, and it is up to you to use your judgment to decide how to most accurately and honestly respond to questions in the application form.

Except here it is not a close call.

I usually offer the longer, more nuanced explanation to show the reasoning, to illustrate it is not mere opinion. But I am afraid this too often tends to cause some confusion. Like here, the response from @Naturgrl is so almost certainly the right way to approach this, there is a risk that any attempt to clarify will muddle more than it illuminates. I could, for example, clarify that in some circumstances a PR could answer [Yes] and qualify for the working-abroad-for-Canadian-business credit even if the Canadian company has no offices outside Canada (and actually many of the situations in which the credit would be available involve temporary assignments to other businesses outside Canada, such clients or customers of the Canadian business).

If you are still uncertain, be sure to carefully read the instructions for providing supporting documents to include with the application. In particular, those in the Appendix to the guide, which is here https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#appendixA and see the instructions for "Situation A. Employment outside Canada" and, note for example, it specifically refers to work outside Canada:

"as a term of your job or contract, you are assigned on a full-time basis to:​

a position outside Canada​

an affiliated enterprise outside Canada or​

a client of the Canadian business . . . outside Canada"​

Thanks so much for the detailed response - appreciate the insights here... I was looking at some of the PR renewal questions and this one sparked some questions

 

[scylla]

Hi there, I have been in Canada for a little over 900 days now... I was looking at the PR card renewal questions so got curious about the time I spent outside the country.

Then you are more than good. Just respond no to that question to keep your application straight forward.

 

[seattlecalgary]

Hello All. If we stay outside of Canada for a long time ( like more than 1 year), which address should we use, the residential address in Canada or the address we stay outside of Canada?