Experienced Folks...PR obligation Query

[KingS1]

Hello Nice People,
Thanks for taking the time out and reading these questions of mine. Below is my status

1. Me & my wife fulfilled the landing process and received my provisional Canada PR in March 2011.
2. Now that gave me till March 2016 to complete the two years stay in Canada for PR obligations.

My questions are below:

Q1: My employer in US has a Branch in Canada and is willing to transfer me to that Branch. Can I do this arrangement and continue my job/stay in US while being employed by the Canada Branch? Will this be counted towards the PR obligation residency days required.

Q2: If Q1 arrangement does not work out for us and we have to be in Canada before March 2014, my wife who is studying and would finish her course in May 2014 would be able to be in Canada only after that. Now this would result in a few days less than the 2 years stay required. Is there a request that we can make to extend the date for her by a couple of days.

I would appreciate your input on the above.

Thanks in Advance,
KS

 

[scylla]

1) No - this won't count towards your residency requirement. You can't just be transferred to Canada from a paperwork perspective. You need to be physically here.
2) No - it is not possible to extend the PR card validity. Instead, your wife should wait until she has 730 days of residency in the past five years and then apply to renew her PR card (even if this means waiting a few days/weeks past the expiry of her PR card).

 

[KingS1]

Thanks Scylla for your input...

regarding Q1...Not refuting your advise...But as per the below provision...wouldn't the second option apply in my case...

Outside of Canada:

By accompanying a Canadian citizen spouse/common-law partner, or
As a child accompanying a parent, or
By employment on a full-time basis with a Canadian enterprise or the Public Service of Canada, or By accompanying a Canadian Permanent Resident who is outside Canada and who is employed on a full-time basis by a Canadian enterprise or the Public Service of Canada, as the employee's spouse/common-law partner or child.

 

[scylla]

Thanks Scylla for your input...

regarding Q1...Not refuting your advise...But as per the below provision...wouldn't the second option apply in my case...

Outside of Canada:

By accompanying a Canadian citizen spouse/common-law partner, or
As a child accompanying a parent, or
By employment on a full-time basis with a Canadian enterprise or the Public Service of Canada, or By accompanying a Canadian Permanent Resident who is outside Canada and who is employed on a full-time basis by a Canadian enterprise or the Public Service of Canada, as the employee's spouse/common-law partner or child.

Nope - still won't count. What you are planning on doing doesn't fit the CIC criteria.

To be counted you would first have to be hired by a Canadian company / Canadian branch of a company for a job IN Canada (i.e. physically in Canada). At a later date (once you have worked for a while IN Canada) you could then be transferred to a job outside of Canada - and this time would still be counted towards maintaining your PR status.

What you are proposing to do is just a change the paperwork for where you are technically employed. Right now you are physically working in the US and would continue to physically work in the US after the paperwork change. CIC will classify your actions as a change done solely for the purpose of trying to meet the residency requirement and won't count these days. Trust me when I say that they have seen it all when it comes to people trying to claim days outside of Canada for PR residency purposes. If it was as easy as what you are proposing, everyone would be doing it. CIC caught onto and stopped these types of loopholes years ago.

 

[scylla]

Here are the detailed requirements you have to meet. Sorry about the formatting. You can also access this information from the link below:

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp

OPTION 2. Employment outside Canada

You may count each day you worked outside Canada provided that your employment meets the following criteria:

you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province and
you are assigned on a full-time basis to:
a position outside Canada
an affiliated enterprise outside Canada or
a client of the Canadian business or the public service outside Canada

For the purposes of this application, a Canadian business is defined as:

a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
an enterprise that has:
an ongoing operation in Canada
is capable of generating revenue
is carried out in anticipation of profit
in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above or
an organization or enterprise created by the laws of Canada or a province
Supporting documents:

You must enclose a letter of declaration signed by an official of the business that indicates:

the position and title of the signing official
the nature of the business and how it fits the description of a Canadian business (see definition above)
details of your assignment or contract outside Canada such as — duration of the assignment; confirmation that you are a full-time employee of the “Canadian business” working abroad on a full-time basis as a term of their employment, or you are on contract working on a full-time basis abroad as a term of their contract; and a description or copy of the position profile regarding the assignment or contract abroad
confirmation that the business has not been created primarily for the purpose of allowing you to satisfy your residency obligation
You may also include:

articles of incorporation and business licences
partnership agreements and / or corporate annual reports
corporate Canadian Income Tax Notices of Assessment and / or financial statements
copies of the Employee Assignment Agreement or Contract
copies of any agreements between the Canadian business and the business or client outside Canada concerning your assignment to that client or business
Pay Statement(s)
Canadian Income Tax Notice of Assessment
T4 slips

 

[KingS1]

well what you say is more logical...and I most certainly trust your call on this...Then its gonna be one or the other...The only point was that I am so near to the GC in US...its been a difficult run till now making all these things happen...now its even more difficult when its time to make the final decision...I am sure there are so many others who had to make this decision and will be making it...things are not becoming any simpler for any of us...I would see what best comes out of this situation and hope that once its done with...I could say that I took the right course...

Thanks again...

 

[Msafiri]

well what you say is more logical...and I most certainly trust your call on this...Then its gonna be one or the other...The only point was that I am so near to the GC in US...its been a difficult run till now making all these things happen...now its even more difficult when its time to make the final decision...I am sure there are so many others who had to make this decision and will be making it...things are not becoming any simpler for any of us...I would see what best comes out of this situation and hope that once its done with...I could say that I took the right course...

Thanks again...

As per Scylla you/your employers plan is bread and butter stuff for CIC - they will see the 'employment for PR convinience' faster than you will sign on the dotted line and reject your PR Card renewal.

If you want to keep your GC going then stay in the US and get sponsored by your spouse for Canadian PR once she has 730 days in Canada physical days. You can travel to Canada in the interim until you get reported at the port of entry for breach of the Residence Obligation...this could be either as soon as you are in breach or almost at PR Card expiry...luck of the draw really.

But even if you get sponsored you will be juggling Canadian PR and US GC - eventually one gives due to the strict US requirements for maintaining GC.

Its always hard trying to have your cake and eat it...but then again you know that right?

Good luck.