Calculation of stay in Canada

[gjp]

All,

If my company in Canada sends me on a project outside Canada (say USA) for six months or one year, will this period not be considered for calculation of stay in Canada during PR extension? Or, will this period be considered since I am working for a Canadian firm, and I am on their payroll and it was the company that send me to another country for a project?

Thanks for your answers.

 

[PMM]

Hi

All,

If my company in Canada sends me on a project outside Canada (say USA) for six months or one year, will this period not be considered for calculation of stay in Canada during PR extension? Or, will this period be considered since I am working for a Canadian firm, and I am on their payroll and it was the company that send me to another country for a project?

Thanks for your answers.

If it is a Canadian company, the the answer is yes. But it has to meet the following definition"

R61(1) defines a Canadian business as:
61. (1)(a) a corporation that is incorporated under the laws of Canada or of a province
and that has an ongoing operation in Canada;
(b) an enterprise, other than a corporation described in paragraph (a), that has an
ongoing operation in Canada and (i) that is capable of generating revenue and is carried out in anticipation of profit,
and
(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or
(c) an organization or enterprise created by the laws of Canada or a province.

For greater certainty, a Canadian business does not include a business that serves primarily to
allow a permanent resident to meet their residency obligation while residing outside Canada
[R61(2)].

PMM

PMM