Thanks so much for the detailed reply. I have looked into it and have also received mixed opinions on this. I think it would depend on the case officer to decide whether or not to count my business trips as part of the 730 days. I think most will advise me to wait until I meet the 730 RO to submit the application to not risk losing my PR status. And probably no one wants to risk that.
What would be some possible scenarios if I decide to submit a PR renewal application before Jan 30, 2024 and see if they count my business trips as part of the 730 days? I work for a public university so the authenticity of the organization should not be questioned. I can provide supporting documents, employment letter, work trip itineraries... etc.
Because I am NOT an expert and NOT qualified (not at all close) to give personal advice, I generally steer clear of offering suggestions or advice (other than general principles, like be honest with CBSA and IRCC; follow the instructions; and so on). But I am going to wander just a little outside my "
lane" here and offer some suggestions.
Bottom-line, you,
YOU need to judge for yourself if your employment probably qualifies for the "
Employment outside Canada" credit. It is not just about any particular stranger bureaucrat's personal opinion. There are criteria and the official's decision will be based on applying that criteria to the facts.
The criteria is outlined in the guide, in its Appendix, in both
IMM 5445 (guide for PR card application; should link) and
IMM 5529 (guide for PR TD application; should link). The relevant criteria is set out under the heading "
Situation A. Employment outside Canada" in both the PR card and PR TD application guides. With this information, and what you know about your employer and your job, you should be able to figure out:
(1) if your employer meets the definition of a Canadian business or qualified public service organization,
(2) if your employer will provide the necessary letter consistent with what the guide describes
What the guide states is consistent with both the applicable statutory provision (see
Section 28(2)(a)(iii) IRPA (should link), and the applicable Regulation (see
Section 61(1)(c) IRPR (should link).
As I have tried to illuminate, the label "
business trip" is not a definitive factor or consideration, if it is much of a factor or consideration at all, in whether days abroad employed by a Canadian business or otherwise qualified organization/enterprise will count toward meeting the PR Residency Obligation.
Moreover, there is generally NO need to even use a term or label like "
business trip," to describe the work. Indeed, "
business trip" is vague and insubstantial, non-descriptive. If a company posts a job advertisement for a position with a job description no more informative than saying the qualified candidate will engage in business trips, that would invite (or should, but who knows given today's cryptic communication styles, AKA Elon Musk world) wrinkled brows and "
huh?"
In a PR card (and similarly a PR TD) application, to claim working-abroad credit a PR only specifies, in the chart for specifying time spent outside Canada (Section 5.5 in the form) that the "
reason for absence" is "
A," selecting this from a dropdown menu, which correlates to the in-application-form instruction that states:
A: You have been employed on a full-time basis for a Canadian business or in the federal public administration or the public service of a province.
The PR does not provide his or her version of their job description while abroad. They submit (again, as set out in the Appendix under the heading "
Situation A. Employment outside Canada"), with the application, "
a letter signed by an official of the business that confirms" particular information, documenting information about the business, the PR's employment relationship, and details about the work (the "
assignment") outside Canada.
If the letter merely states that the PR is sent outside Canada "
for business trips," sure, that's likely to trigger questions, and absent sufficient documentation to show what the PR is sent abroad to do for the employer, that could justify the official processing the application to conclude the PR has failed to establish the time outside Canada qualifies for the working-abroad credit.
While I have no direct experience, it is likely a single letter could suffice to cover several trips outside Canada. Be those trips for five days or four weeks or three months. Probably best if the letter does reference the particular dates or periods, but if the work, the more or less "job description," is mostly the same for each of the trips, and the detail given sufficiently illuminates the employee's duties on behalf of the employer during these trips abroad, essentially to show the reason the employee was abroad was to do this work for the employer, working as a full-time employee, that should be enough to qualify for the credit.
So a lot depends on getting the appropriate letter from someone with authority, documenting their position with the employer, documenting the employer is a Canadian business or public service organization (Federal or Provincial), and documenting the job you are sent abroad to do on behalf of the employer, and if that meets the criteria for the credit, that should cover it. No need to describe the time abroad as business trips even though in general usage many might refer to them as business trips. In fact, describing the time abroad as business trips fails to appropriately describe the nature of the work. Providing specificity in details can be important.
Lawyering-up:
If in doubt, you can consult with a lawyer. I am not up to date with current fees but I'd anticipate this would cost in the $300 to $600 range. Do not bother with so-called "
free" consultations. Those are generally not worth any more than what you pay for (which is nothing). If you make an effort to consult with a lawyer, best to carefully and specifically state the purpose of the consultation: to have the lawyer review your employment, including letter from employer, to give an opinion about whether you qualify for the working-abroad credit. The more specific and narrow you can articulate the purpose, going into it, the better your odds of getting a useful consultation and limiting the cost. So continue to do your homework and figure out as much of this for yourself before seeing the lawyer.
