URGENT Question please - citizenship requirements

[omarnene]

I am a new comer to Canada and I have got a job offer with an international company, that has international presence outside Canada, but this job requires me to travel a lot outside Canada and in may cases I might need to stay for long periods outside Canada, I am hesitant to accept this job since this will affect my citizenship application later, but someone advised me that since you are going in official request from your company then these days/weeks/months will count for me as I am inside Canada. is this true? and if yes, Should I notify CIC about this situation? or should I keep any documents?

Can you please help me in this, since I don't like to take any risk for my citizenship.
I am looking for a guaranteed way to do it, otherwise I will reject this job.

Best Regards

 

[scylla]

No - these days won't count towards citizenship. Unfortunately you were poorly advised.

You also need to keep in mind that you have to live in Canada for 2 years out of every 5 to keep your PR status. It's sometimes possible to count days spent outside of Canada towards PR if you are relocated to a job outside of Canada - however your job may not meet these requirements. Traveling for work isn't counted - meaning that time spent outside of Canada on business is classified as time spent outside of Canada that cannot be counted towards PR.

 

[omarnene]

No - these days won't count towards citizenship. Unfortunately you were poorly advised.

You also need to keep in mind that you have to live in Canada for 2 years out of every 5 to keep your PR status. It's sometimes possible to count days spent outside of Canada towards PR if you are relocated to a job outside of Canada - however your job may not meet these requirements. Traveling for work isn't counted - meaning that time spent outside of Canada on business is classified as time spent outside of Canada that cannot be counted towards PR.

Thank you very much for this clarification, but what if the form of the assignment was like relocated to another country for 2 months, and then come back to Canada for sometime, then I have relocated to another country for 3 -4 months etc ...dose this work?

I read similar to this on this site, under:
Situation 2. Employment outside Canada
http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

what do you think?

thank you again
best regards

 

[scylla]

Thank you very much for this clarification, but what if the form of the assignment was like relocated to another country for 2 months, and then come back to Canada for sometime, then I have relocated to another country for 3 -4 months etc ...dose this work?

I read similar to this on this site, under:
Situation 2. Employment outside Canada
http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

what do you think?

thank you again
best regards

Same answer as before. The link you provided is for the PR residency obligation - not the citizenship residency obligation - these are two completely separate things. Again, time spent outside of Canada cannot be counted towards the citizenship residency requirement.

 

[omarnene]

Thank you very much for the clarification, now it is clear. In this case the days outside Canada can count to renew my PR, but I cant count towards the citizenship unless I am inside Canada.

have a nice day !

 

[scylla]

Thank you very much for the clarification, now it is clear. In this case the days outside Canada can count to renew my PR, but I cant count towards the citizenship unless I am inside Canada.

have a nice day !

Actually, based on how you've described your work, you may not even be able to count your time outside of Canada towards PR. CIC only counts assignments to roles outside of Canada - not short term assignments of 3-4 months or business trips. To make sure you don't run into problems later, you should assume the time you spend outside of Canada won't count towards either the PR or citizenship residency requirement.

 

[Buletruck]

Agree with Scylla that the time outside Canada for 3-4 months won't count to PR obligation either. The requirement is employed and assigned full time, not part time.

as a term of your job or contract, you are assigned on a full-time basis to:

• a position outside Canada

The other question that you haven't made clear, is it actually a Canadian company? They must be a Canadian based (originating in Canada, not just offices or a subdivision) company.

 

[omarnene]

Thank you for your support
Yes it is Canadian company has many branches/offices outside Canada
My Job will be full time in Canada but it will require to be outside Canada also on full time basis and once I come back I will remain a full time employee.
For example: I will work full time for 3-4 months then I will be reallocated for 6 months in their branch outside Canada, then I will come back to my full time job in Canada and stay with them, any later they might assign me again (reallocate me for another task for another period of time out side Canada as full time also).
It is not a part time job.
In this case is there any way to arrange with this company to make my work outside Canada counts, they might be flexible to do so for me?

Otherwise, I will dismiss this job offer and look for another job

Thank you for your valuable inputs!! have a lovely day

 

[scylla]

The time you spend working outside of Canada will not count towards PR under this arrangement.

You would need to be relocated to a role outside of Canada for the time to count. For example, let's pretend you work in Canada full time for a number of months and are there transferred to a role outside of Canada and live and work in that specific country for a few years for that company. Then the time outside of Canada could be counted towards PR.

What you've described won't count.

 

[Buletruck]

Again, agreed with Scylla. Rather than dismiss the job, can you request no more than 5-6 months outside of Canada in a year or only agree to do so for 2-2.5 years and then request a Canadian assignment? Your RO would be met and it would only delay Canadian citizenship.

 

[omarnene]

Again, agreed with Scylla. Rather than dismiss the job, can you request no more than 5-6 months outside of Canada in a year or only agree to do so for 2-2.5 years and then request a Canadian assignment? Your RO would be met and it would only delay Canadian citizenship.

Thank you very much for your clarification and suggestion wish you all the best !

 

[omarnene]

The time you spend working outside of Canada will not count towards PR under this arrangement.

You would need to be relocated to a role outside of Canada for the time to count. For example, let's pretend you work in Canada full time for a number of months and are there transferred to a role outside of Canada and live and work in that specific country for a few years for that company. Then the time outside of Canada could be counted towards PR.

What you've described won't count.

Thank you very much for your clarification now it is very clear wish you all the best !

 

[vensak]

No here are the citation from the law:

Operational Manual ENF 23, Section 6.4

6.2 Canadian business


The definition applies to both large and small businesses, and includes: ENF 23 Loss of permanent resident status


 federally or provincially incorporated businesses which have an ongoing operation in Canada;


 other enterprises that have an ongoing operation in Canada, are capable of generating revenue, are carried out in anticipation of profit and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents or Canadian businesses;


 enterprises which have been created by the laws of Canada or a province.


Note: It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy his or her residency obligation while residing outside of Canada R61(2).



6.4 Day


For the purpose of calculating the number of days to comply with the residency obligation in A28(2)(a), a day includes a full day or any part of a day that a permanent resident is physically present in Canada. Any part of a day spent in Canada, or otherwise in compliance with A28(2)(a), is to be counted as one full day for the purpose of calculating the 730 days in a five-year period.



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; and


 they will continue working for the employer, in Canada, after the assignment.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

So according these definitions, even if you go for a temporary business trip as long as it is an official assignment it shall count to your PR status. But you need to have permanent contract with a Canadian company.

 

[omarnene]

No here are the citation from the law:

Operational Manual ENF 23, Section 6.4

6.2 Canadian business


The definition applies to both large and small businesses, and includes: ENF 23 Loss of permanent resident status


 federally or provincially incorporated businesses which have an ongoing operation in Canada;


 other enterprises that have an ongoing operation in Canada, are capable of generating revenue, are carried out in anticipation of profit and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents or Canadian businesses;


 enterprises which have been created by the laws of Canada or a province.


Note: It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy his or her residency obligation while residing outside of Canada R61(2).



6.4 Day


For the purpose of calculating the number of days to comply with the residency obligation in A28(2)(a), a day includes a full day or any part of a day that a permanent resident is physically present in Canada. Any part of a day spent in Canada, or otherwise in compliance with A28(2)(a), is to be counted as one full day for the purpose of calculating the 730 days in a five-year period.



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; and


 they will continue working for the employer, in Canada, after the assignment.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

So according these definitions, even if you go for a temporary business trip as long as it is an official assignment it shall count to your PR status. But you need to have permanent contract with a Canadian company.

Thank you very much for your participation and clarification wish you all the best !

 

[scylla]

Thank you very much for your participation and clarification wish you all the best !

FYI - the above poster is wrong about business trips. They cannot be counted. We know this for a fact based on countless cases on this forum and how CIC has treated other people. Make sure you don't make the mistake of thinking they can.