Days counting for PR Card renewal for truck driver on USA route

[Raj chandigarh]

Hello seniors
I am PR since 2013 but recently entered in canAda in 2016 with just 2.5 yrs in hand to complete pr obligation
. I have got a job of truck driver and I observe that I spend almost 5 days a week on USA route in USA. Though I am working for Canadian company I wonder if these days ll be counted towards renewal of my PR card. Shall I be in some trouble for being absence while on job.

Thanks in Anticipation

 

[scylla]

No - the time you spend in the US working cannot be counted towards your residency requirement. It will be counted as time spent outside of Canada. In order for this time to count towards RO, your company would have to have relocated you to a permanent job outside of Canada.

 

[Raj chandigarh]

Thanks for quick reply
So is this going to be a problem for me
I would like to be more clear
1 I am working for a Canadian company have office only in Canada
2 I am a full time employee of that company
3 I am paid in Canada and taxes are deducted as per Canadian norms
4 I pick load every Monday from BC home town for USA and came back every Thursday or Friday
5 I am permanent employee just like other employees of Canada

So I am taking about PR card renewal not Canadian citizen requirement
Thanks and regards

 

[Raj chandigarh]

http://www.canadavisa.com/canada-immigration-discussion-board/-t28654.0.html;msg165080#msg165080

 

[zardoz]

The rules are clarified in http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf - Section 7.4

Moreover, a case on CANLII supports PMM's response. http://www.canlii.org/en/ca/irb/doc/2011/2011canlii87830/2011canlii87830.html

 

[Raj chandigarh]

Plz be precised
Shall I have any problem
I am living in Canada
Operated from Canada
Comes back to Canada
Work for Canadian firm but remains on USA roads for 4 to 5 days a weak as truck driver operating with Canadian driving licence
Thanks

 

[Almost_Canadian]

I'm not sure if physical presence as defined for citizenship application is also valid for PR obligations.
In case of citizenship application, if you are in Canada even for small part of the day, then that day is counted as being in Canada.
So for Citizenship application , you leave on Monday and come back on Thursday means you are out of Canada only Tuesday and Wednesday. That means in 1 week you can count 5 days in Canada ( Mon, Thu, Fri, Sat, Sun). Perhaps some others on forum can confirm if this applies for PR also or not.

As for time you are in USA while driving the truck, that time is not counted.

 

[Bs65]

I'm not sure if physical presence as defined for citizenship application is also valid for PR obligations.
In case of citizenship application, if you are in Canada even for small part of the day, then that day is counted as being in Canada.
So for Citizenship application , you leave on Monday and come back on Thursday means you are out of Canada only Tuesday and Wednesday. That means in 1 week you can count 5 days in Canada ( Mon, Thu, Fri, Sat, Sun). Perhaps some others on forum can confirm if this applies for PR also or not.

As for time you are in USA while driving the truck, that time is not counted.

you are right the day you leave Canada is I believe counted as a full day in Canada so if in Canada say Sat/Sun then leave for US Monday and back in Canada Friday then in effect you are only absent Tues/Wed/Thurs as the other days are counted as full days for the purpose of residency. Just have to keep meticulous records of exiting and reentering, page 17 refers. http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

 

[sarad1]

Hello seniors
I am PR since 2013 but recently entered in canAda in 2016 with just 2.5 yrs in hand to complete pr obligation
. I have got a job of truck driver and I observe that I spend almost 5 days a week on USA route in USA. Though I am working for Canadian company I wonder if these days ll be counted towards renewal of my PR card. Shall I be in some trouble for being absence while on job.

Thanks in Anticipation

Since you are working for a canadian company, it will be counted towards yours canadian days no matter which country you go to work.

 

[Bs65]

Since you are working for a canadian company, it will be counted towards yours canadian days no matter which country you go to work.

on reflection you are probably correct given working for a Canadian company and accepting assignments that take someone into the US they are still working for and being paid by the Canadian company and residence is in Canada so all days for RO shpuld probably count. Not sure about the physical presence for citizenship if thats the same criteria but for sure probably need to keep track of times in the US and fact rostered that way by the Canadian based employer.

 

[PMM]

HI

on reflection you are probably correct given working for a Canadian company and accepting assignments that take someone into the US they are still working for and being paid by the Canadian company and residence is in Canada so all days for RO shpuld probably count. Not sure about the physical presence for citizenship if thats the same criteria but for sure probably need to keep track of times in the US and fact rostered that way by the Canadian based employer.

1. Physical presence for citizenship, means actually being in Canada, so the truck driver that spends 5 days a week in the US, would retain his PR status, but would not have enough physical residency for Citizenship.

 

[ASAINI]

Hi Raj,

As you are talking about PR and not citizenship, I concur with scylla.
According to the section 6.5 of http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf :
Please pay attention to 2nd point.

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

 

[Raj chandigarh]

Hi Raj,

As you are talking about PR and not citizenship, I concur with scylla.
According to the section 6.5 of http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf :
Please pay attention to 2nd point.

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

So as per this clause I am working for Canadian business and I have been assigned a consignment to be delivered in USA and if I cross border it should be counted as the days working with Canadian business
Or am I wrong

 

[Raj chandigarh]

HI


1. Physical presence for citizenship, means actually being in Canada, so the truck driver that spends 5 days a week in the US, would retain his PR status, but would not have enough physical residency for Citizenship.

Thanks PMM
I am worried because I have spent around 160 days in Canada so far and have around 650 days till expiry of PR. So if I continue with this job as per ur view I would not have any trouble for renewable of PR card as these day will count towards my full time employment days in Canada irrespective of crossing border as a part of my full time job while driving truck
Thanks and regards

 

[ASAINI]

So as per this clause I am working for Canadian business and I have been assigned a consignment to be delivered in USA and if I cross border it should be counted as the days working with Canadian business
Or am I wrong

Raj,

Have you been assigned a full-time position outside Canada by your company as a term of their employment?
In simple language: Has your Canadian company posted you outside of Canada on a full-time position? It is in fact the same thing scylla has said in his post.

If you think answer is yes then days spent outside can be counted otherwise I fear not.