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to work out of Canada is Physical presence in Canada?

nuriadamci

Newbie
Jun 12, 2012
5
0
Hi,
I became PR in 2009, I have been working out of Canada.
There is no problem PR requirement, I visited several time to Canada, Immigration officer asks only payment document.

My question is, these days is counting as Physical presence in Canada or not?
Also I checked Manuel CP5. It’s seems acceptable, I couldn’t be sure.




5. Is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad?

Example of an allowable exception:
the applicant obtains permanent residence in Canada and is offered a job here.
After beginning his employment here,
she is asked by her employer to serve abroad for one year to help manage an important business venture.

The applicant then returns here after the assignment is completed to resume her work in Canada.
 

canadp

Hero Member
Feb 25, 2009
415
11
California
Category........
Visa Office......
Buffalo
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2009
VISA ISSUED...
29-06-2010
LANDED..........
29-07-2010
If you physically lived in Canada that is only counted as physical presence. if you were outside of canada then not.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
nuriadamci said:
Hi,
I became PR in 2009, I have been working out of Canada.
There is no problem PR requirement, I visited several time to Canada, Immigration officer asks only payment document.

My question is, these days is counting as Physical presence in Canada or not?
Also I checked Manuel CP5. It's seems acceptable, I couldn't be sure.




5. Is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad?

Example of an allowable exception:
the applicant obtains permanent residence in Canada and is offered a job here.
After beginning his employment here,
she is asked by her employer to serve abroad for one year to help manage an important business venture.

The applicant then returns here after the assignment is completed to resume her work in Canada.
The circumstances where the "out of Canada" days are counted for PR purposes are very strictly defined. If you can give more details about your employment and how you were recruited, what you are doing and for how long, we might be able to clarify your question.

By default however, the answer is NO, they are not counted. If, in your case, they are not allowed, you could be at risk of not meeting the Residency Obligations as well. I have read your earler posts ans I have reason to suspect that CIC will not see you as being covered by the "employed by a Canadian company" exemption. Let's see when you apply for your PR card renewal.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
nuriadamci said:
I became PR in 2009, I have been working out of Canada.
There is no problem PR requirement, I visited several time to Canada, Immigration officer asks only payment document.

My question is, these days is counting as Physical presence in Canada or not?
Also I checked Manuel CP5. It's seems acceptable, I couldn't be sure.
Just because you didn't get caught yet doesn't mean that there is no problem with the PR requirements.

You should have at least 730 days in Canada in your first 5 years as a PR. Days spent outside Canada may be counted if you were working for a Canadian employer who has transferred you to a full time position outside Canada. Immigration is fairly strict on the situation of who counts as a Canadian employer. Days spent outside Canada can also be counted if you were accompanying your Canadian citizen spouse or if you were accompanying a PR spouse who has been transferred outside Canada by a Canadian employer.