Citizenship requirements - days physically present

[migmontest]

Hi all and thanks in advance for the tips I might get.

I am a canadian PR, and there is a chance I might get employment for a canadian business that will require extensive international travel.

I am not concerned about missing the PR because the rules state that time spent outside Canada count as time spent in Canada for an employee of (or under contract to) a Canadian business.

But, I did not find the rules that clear about time spent in Canada to apply for Canadian citizenship. I have only found they say:

" You must have been physically present in Canada as a permanent resident for at least 1,460 days during the six years immediately before the date of your application. You must also be physically present for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of application. "

By reading this it could mean that my time working outside Canada for a Canadian business will not count towards the time elligibility for citizenship because I would not be "physically" present. is this correct?

So, my question is, if I am employed with a Canadian business, would the time spent outside Canada count towards the citizenship elligibility requirement?

thanks all,

 

[bennyameh]

Please check if this link applies to you-Good luck

http://www.cic.gc.ca/english/pdf/kits/citizen/CIT0177E-2.pdf

 

[links18]

No time outside Canada counts towards citizenship (there are very few exceptions, which probably don't apply to you).

 

[keesio]

No time outside Canada counts towards citizenship (there are very few exceptions, which probably don't apply to you).

There is a chance if you work abroad for the federal government or is stationed abroad in the Canadian military.

 

[migmontest]

Thank you all for your prompt reply,

So, it seems that presence in Canada has to be physical presence to count the time towards citizenship.

Is this also the case to comply with the PR requirements? (2/5 years)

In other words, if I get employed by this canadian company and get some contract work outside of Canada, would the time I spent working outside of Canada count as time spent in Canada for PR purposes?

 

[keesio]

Thank you all for your prompt reply,

So, it seems that presence in Canada has to be physical presence to count the time towards citizenship.

Is this also the case to comply with the PR requirements? (2/5 years)

In other words, if I get employed by this canadian company and get some contract work outside of Canada, would the time I spent working outside of Canada count as time spent in Canada for PR purposes?

PR requirement is a little more lenient and it may be possible to work abroad for a Canadian employer. But CIC is pretty strict about what type of employment and for which employer. If it is a large company that hires you for a position in Canada and then stations you abroad, there is a decent chance. If it is a small company then maybe not. This is to avoid people who set up a situation where they get their relative to employ them abroad to work the system.

 

[dpenabill]

Thank you all for your prompt reply,

So, it seems that presence in Canada has to be physical presence to count the time towards citizenship.

Is this also the case to comply with the PR requirements? (2/5 years)

In other words, if I get employed by this canadian company and get some contract work outside of Canada, would the time I spent working outside of Canada count as time spent in Canada for PR purposes?

I concur in the post by keesio, but it warrants emphasizing that CIC (under Conservative leadership; now it is IRCC) very strictly approached the exception for those employed abroad by a Canadian business. Question is whether IRCC, under Liberal leadership, will continue to similarly, strictly, approach this exception, allowing credit for time abroad as if in Canada for those PRs temporarily assigned abroad by a Canadian business.

In recent years, it appeared that CIC approached this so strictly it is hard to conceive of a scenario in which the credit would be available to a PR who needed it, that is, to any PR other than a PR already meeting the PR RO.

In any event, before relying on the credit for time abroad employed by a Canadian business, best to thoroughly research how this exception is actually applied. There are several technicalities involved. Among these is that the PR must be assigned to a temporary position abroad, but also be employed full time for the employer, and the employer must be a Canadian business actually engaged in business in Canada (not just incorporated in Canada).

Do not rely on the advice of a consultant for this. Some consultants may provide competent, accurate advice. My apologies to them. But, unfortunately, there have been too many who purport to facilitate this arrangement for a fairly substantial fee, defrauding unsuspecting individuals more than the government is defrauded.



Re citizenship qualification:

To reinforce what has already been posted: Current law is based on actual physical presence in Canada. Proposed changes in Bill C-6 will, likewise, specify meeting an actual physical presence requirement. There are very narrow exceptions, such as for military personnel.

 

[McClane]

I've been in this situation since I came to Canada.

Extensive international travel for a local company does not allow me to qualify for citizenship, but I haven't had any issues at all renewing my PR card. I just submitted the application, attached a long list of absences, explaining the reasons for each one, as well as proof that I've always remained employed by a Canadian company and Canada is where I live. No problems at all. I got my card in the mail.

Many people at work are in the same situation and with different experiences. Most have renewed with no issues, while others were asked for more information. The only real trouble was with a guy who actually took a longer term assignment and, as per company rules, he signed a contract with the legal entity abroad (same company, but legally abroad). In this case he was told he was not actually working for a Canadian business, even if he remained in the company's system and was setup to return after 15 months, and was denied the PR extension. At the end he ended up permanently moving abroad. He kind of wanted that, so he didn't really fight for his PR renewal.