I got my PR in Feb 2018, landed in April 2018 and spent just 10 days in Canada and then I returned to the UK. I came back to Canada in July 2021 and got a job that same July 2021. I spent 10 in Canada and informed my employee I wanted to travel home to the Uk and if I could work remotely from there and they agreed to it and confirmed to me in an email that I could work remotely from the UK office for 1 month. However, I ended up spending 10 months in th UK and returned to Canada April 2023. My question is can I apply for my PR renewal now and claim the 10 months I was in the Uk as I was working and paying taxes?
Thanks all for taking the time to read my enquiry.
Working Abroad Credit Probably NOT Available:
The days outside Canada working remotely for a Canadian employer are NOT likely to qualify for the EXCEPTION allowed PRs who are temporarily
*assigned* to work abroad by a Canadian business. This exception is generally narrowly interpreted and the rules strictly applied. However, how a claim for such credit will actually be treated in a specific case can vary some, depending on particular details, including context.
For example, the risk a PR card application might trigger an inadmissibility proceeding (leading to loss of PR status) for a PR who is clearly now well settled in Canada is significantly less than the risk of triggering a negative decision terminating PR status in response to a PR Travel Document application by a PR outside Canada, EVEN THOUGH the underlying factual basis for the claim (for credit while working abroad) is the same. While that might seem inconsistent, it mostly reflects there is a range of discretion IRCC officials have and that other factors can influence how their discretion is in practice applied. And it reflects that for a PR clearly NOW well settled and living in Canada, there can be some leniency in how strictly the rules about the Residency Obligation are applied. Emphasis on there "
can be" some leniency, which does NOT mean there will be. There is NO guarantee.
Of course another big factor that can influence this decision-making is how much time the PR has actually spent IN Canada.
There is no question, nonetheless, that if your time abroad was at your election, not required by the Canadian employer, if the rule itself is applied in these circumstances there is NO credit toward meeting the RO for that time.
Residency Obligation Compliance Calculation:
Since you have been a PR for more than five years, the calculation of RO compliance is based on days IN Canada within the previous five years. If for example you applied for a PR card today, January 23, 2024, the calculation would be based on days IN Canada between January 23, 2019 and today, January 23, 2024.
You state "
I came back to Canada in July 2021 and got a job that same July 2021. I spent 10 in Canada and . . . I ended up spending 10 months in th UK and returned to Canada April 2023."
Was that 10 days, 10 weeks, or 10 months in Canada before going to the UK? If the latter, if you spent 300 days in Canada between July 2021 and when you relocated to the UK, until April 2023, and now have spent around another 250 days in Canada between April 2023 and today, you are currently in breach of the Residency Obligation (unless you get credit for time in UK, which again is NOT likely).
Since you are IN Canada there is no risk of inadmissibility proceedings UNLESS you do something to trigger a Residency Determination. Like making a PR card application.
If you are currently about 6 months short of meeting the RO, the safe, prudent approach would be to wait until you have stayed here long enough to be in compliance BEFORE making a PR card application and BEFORE leaving Canada again.
A Clarification:
You state "
I got my PR in Feb 2018, landed in April 2018." The date a person gets PR status is the SAME date as the day they "
landed." The date a Foreign National is issued a PR visa, for example, does not factor into calculating RO compliance later. A FN receiving a PR visa continues to be FN until they actually complete the landing process.
Which does not matter much for you now (except for purposes of calculating OAS benefits when it comes time for retirement), since it has been more than five years since your landing. All RO calculations now, going forward, will be based on the date the calculation is made and counting days in Canada during the five years preceding that date.
