shad86 said:
I have a doubt soon I will receive my PR, and currently I'm working for a Canadian company. The problem is that in this job I get to travel a lot to other places sometimes for months . So the question is, this will be any problem to fulfill the rule of 4/6 years (4 years in canada of 6).
For extra info: I will still be paying my Canadian taxes, since my payroll is Canadian.
Short answer:
4/6 rule applies to citizenship residency requirement, and time abroad working for a Canadian business does
not count.
PR residency obligation is 2/5, and time abroad employed by a Canadian business
will count IF certain criteria are met.
The longer explanation:
The PR Residency Obligation is still 730 days (two years) presence in Canada during a five year time period; for new PRs, they have until the fifth year anniversary of landing to meet the 730 days in Canada requirement (after the fifth year anniversary of becoming a PR, after the date of landing, the relevant time period is the immediately preceding five years, for whatever date that residency is questioned).
The 4/6 rule is the new residency requirement for citizenship which will take effect sometime later this year (probably June or July).
With very narrow exceptions, for purposes of the citizenship residency requirement, presence in Canada generally means actual presence in Canada. So, for citizenship, time spent abroad even though employed by a Canadian business will
NOT count toward meeting the residency requirment.
There are broader exceptions for what will count as presence in Canada toward the PR Residency Obligation. The exception relevant to the circumstances you raise is the exception which credits a PR with time in Canada based on time abroad employed by a Canadian business.
Ordinarily, for purposes of explaining what this exception is and who qualifies for it, a reference to Appendix A "Residency Obligation" in the
guide for applying for a PR card (for persons already a PR) suffices, where the residency obligation is explained in some detail including an explanation of the exception pursuant to which a PR employed abroad by a Canadian business is given credit for time in Canada.
Appendix A states:
OPTION 2. Employment outside Canada
You may count each day you were employed outside Canada if your employment meets the following requirements:
- you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province or territory and
- as a term of your employment 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 or the public service outside Canada
HOWEVER, however, this fails to adequately explain the requisites for the exception.
The explanation provided in Appendix A is so inadequate as to be misleading. It is disconcerting that CIC has failed to update this information.
In contrast, the applicable Operational Manual,
ENF 23 Loss of permanent resident status was updated just last month to reflect a number of IAD and Federal Court rulings interpreting the applicable law. It states:
6.5 Employment outside of Canada
The regulations enable permanent residents to comply with the residency obligations while working abroad, provided that:
- they are under contract to, or are full-time employees of a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada;
- they are assigned on a full-time basis as a term of their employment or contract, to a position outside Canada with that business, an affiliated enterprise or a client;
- they maintain a connection to a Canadian business;
- the are assigned on a temporary basis to the work assignment;
- they will continue working for the employer, in Canada, after the assignment.
If the employment for a Canadian business meets these criteria, the time abroad will count toward meeting the PR residency obligation (but not toward meeting the citizenship residency requirement).