work as telecom engineer for large wireless manufacture in Canada since 2006. Resident in Canada Ottawa but My work requires me to travel most of the time internationally. In my five years sine June 2009, I accumulated 450 days. Have T4 for all years, my own home, my own car, credit cards, CCTB, UCCB, Driving License G, ...received my renewal application on 17 Dec 2013, started processing 15 Jan 2014. Received questionnaire on 5th March' replied with all documents mentioned above and all two passport pages (two passports in 5 years because of full pages). Still showing In process. Submitted Urgent Request Email. Replied that my file is now at local CIC in Ottawa. Urgent request might not be valid when file at local CIC. Sent a letter to Local CIC in Ottawa explaining my situation and my monthly travel requirements. My next trip is 24 May and return one week before my expiry however my next trip is 01 July and so on. I cannot stop my travels and it is for official local Canadian business. just need to know how to trigger the local CIC office to urgently process my file. I have two weeks travel every month now. Any suggestions on how I can alert local CIC to my urgent case. thank you.
Work Internationally 4 Canadian Company with 450 days & needs Urgent Processing
- Thread starter Whosny
- Start date
If you only have 450 days in Canada in the last 5 years, you don't meet the Residency Obligation.Whosny said:
Your Canadian employment does not conform to the documented exemption from physical presence.
Read the manual that they will use to assess you. http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf - Section 6.5, which I quote below.
I think you may be in serious trouble....
The reason it will have dropped out of "Urgent Processing" and now be at a local office, is to see if you meet the RO (which by your own statements, you don't) and possibly report you for revocation of your PR.
Unfortunately I agree with zardoz. Your application won't be handled urgently because you don't meet the residency obligation. Your biggest concern right now should be the big possibility that you're going to lose your PR status. Are you visa exempt for travel to Canada?
Thank you zardoz. I have full time contract with my canadian company since 2006 but I inly landed 2009. I was outside all the time on job requirements as I work trainer and do certification for thr customers. what I can do if my work requires me to travel. I have sent letter signed from our HR confirming that my work requires this continious travel. what I could do to keep my work and also stay physically? thanks for your inputs.
The problem that you have is that you must be employed full-time OUTSIDE Canada by the Canadian company. What is not allowed is working full-time INSIDE Canada and then travelling from Canada to other places, which is what you are doing. It may seem a subtle difference, but that is what the legislation states. If you are confused, read the actual legislation instead of the CIC Operational Manual that I linked to before. The particular section that you need to understand, and you may wish to show your HR is this -> http://laws.justice.gc.ca/eng/regulations/SOR-2002-227/page-22.html#h-27Whosny said:
You will just have to see what CIC decide to do, but at least now it won't be a surprise to you.
Unfortunately you're not exempt from the residency requirement (even with the letter from HR). You need to live in Canada for 2 years out of every rolling five years to keep your status. I agree with zardoz. I think at this point you will just have to wait and see what CIC does. You are well below the required number of days - so I think you should be expecting problems.
Do you hold a visa exempt passport? Is your PR card still valid? If you hold a non-visa exempt passport and your PR card is no longer valid, I would avoid leaving Canada until this issue is resolved.
Do you hold a visa exempt passport? Is your PR card still valid? If you hold a non-visa exempt passport and your PR card is no longer valid, I would avoid leaving Canada until this issue is resolved.
Thanks again for the explaination. Looks I didnt explained well. My first four years I was assigned the africa and asia support. at these four years I was living outside canada and come only in summer vacations with family. only last year I moved with the family. We had our house and I bought my new car. My kids in schools in canada. still travelling but from canada in last year. what I am trying to say is that these 450 days are all what I had as physical presence but I am complying with this part 61 that you shared with me. I hope this clarifies better my case. Thanks
Thanks Scylla. My PR still valid to 13 June. my passport is not exempt from VISA. I know my number of days are well below the 730 days but I was employed outside four years and come only in vacations with family. only last year we moved all. still travelling every month from canada but with base in ottawa now. hoping this clarifies more. thanks
When you applied to renew your PR card or when you received the questionnaire, did you include proof that you were relocated by your company to a role outside of Canada for those four years? That's what CIC will want to see (i.e. that you were working in Canada and then your company moved you to a permanent position outside of Canada). If you didn't provide this proof but have it, I would send in this additional info to CIC asap.Whosny said:
Good luck.
1. You need to clarify how many days post landing are part of the 4 years overseas assignment. This because you state you commenced working for them in 2006 but landed in 2009. For your application to have any chance of progression the bulk of the absences need to be post landing but this introduces a challenge vis a vis having to be posted after landing whereas this would be an ongoing posting (you are returning to your prior job)...it certainly could set legal precedent if it went to the courts.Whosny said:
2. PR Card renewals referred to the Local Office especially when its clear there may be an RO breach are inherently delayed...yours will be even more of an issue since the Local Office will need to determine if your employer meets the definition of a Canadian business (you state its a large wireless so on the face of it seems ok but they will check). Did you include in the PR Card renewal or the RQ the relevant paperwork for the employer e.g. business registration etc?
3. Expect a minimum 6 months from RQ request date before you hear anything and if you get called in for interview (as per IRPA amendments) then it could take 12+ months for renewal.
4. Of course you can stop your travel...the company is not forcing you right but its part of your contract of employment. You need to choose between keeping your PR and your job. Ask yourself what will happen if you lose your PR? Will the company sponsor a work permit for you or will they just move on to the next PR? There are some horror stories on this forum of PRs whose PR Cards are expired/ renewals delayed stuck outside Canada because they took the risk of travelling.
5. If your spouse presumably is also a PR and has not applied for renewal then there is a fallback of spousal sponsorship.