DAYS for PR/CITIZENSHIP

[Utsav]

I work for a Canadian company trucking between US and Canada, Can I count these days for my PR/Citizenship?

 

[Leon]

For citizenship no and for PR, probably not either. The PR requirements state that your days count if you are posted to an outside Canada position full time, nothing about travel.

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; and

* 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.

 

[Msafiri]

Truck drivers are the one group that get hit by the Canadian Business clause of the residence obligation exceptions in the immigration legislation. I gather this is because it has a significant element of self employment creating an opportunity for residence declaration loopholes. You will get PR Card renewal on H&C grounds.

For citizenship you will rely/ be at the mercy of a Citizenship Judge that considers your 'outside Canada' days as if you were still 'resident' in Canada. This because the Citizenship Act does not define residence as physical presence. There would be a range of factors to consider including when you first established residence e.g. its better to have stayed in Canada for 1 year then started trucking than to arrive in Canada and after 5 days start the trucking as its more difficult to meet the established residence aspects. If the CJ applies the strict physical test then he/she can deny the application but you can appeal and will likely get it returned to another Citizenship Judge.

Applications that do not meet the 1095 physical presence days take the scenic non-routine route currently 35 months compared to 25 months for routine read 1095 physical days applicants. Many applicants chose to stay in Canada and give up their 'travel' jobs.