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Few scenarios on RO, Help needed!!

scylla

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Jun 8, 2010
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GRV said:
Hey Guys,
Hope all doing good wherever they are..
Well, myself getting use to the weather getting colder day by day..

Anyways, i have a query as I am on a job hunting spree so I got myself shortlisted and there was a question wherein I needed to confirm that am I available to travel within Canada, USA & internationally (if required). Though I hesitatingly said Yes (need of a job) but now I think- should I make them clear/aware (if i move on to the next round) that I wont be able to travel outside Canada? And also shall I let them know the reason (RO obligation) or not.
Do you guys think telling these things to recruiters will shoo them away?

Or is it possible to travel abroad on a project as I'm employed by a Canadian employer?

Pls advise.
You won't be able to count the time you spend outside of Canada towards RO. In order to count the time outside of Canada towards RO, your Canadian company needs to first hire you for a job in Canada and then at a later date transfer you to a permanent role outside of Canada.

At this point it would be crazy for you to leave Canada if you have any real interest in keeping PR. You need to remain in Canada without leaving until you meet RO. Not sure how many times we have to repeat that.
 

GRV

Star Member
May 5, 2009
119
1
Hi Scylla,
Just wondering whether ur from a teaching profession? cz it seems like I'm being scolded by my moral science teacher. ;)

I totally & fully understand that thing of staying at a stretch for min. 730 days but what if these things come up ur way.
I ask cz there are ways ppl do these stuff (my profile is IT projects based) so want to understand if its viable option or not.
 

dpenabill

VIP Member
Apr 2, 2010
6,485
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scylla said:
You won't be able to count the time you spend outside of Canada towards RO. In order to count the time outside of Canada towards RO, your Canadian company needs to first hire you for a job in Canada and then at a later date transfer you to a permanent role outside of Canada.

At this point it would be crazy for you to leave Canada if you have any real interest in keeping PR. You need to remain in Canada without leaving until you meet RO. Not sure how many times we have to repeat that.
The only reasonable response to this post is to agree with emphasis.

No matter how many different ways the question is posed, for the PR who is not in compliance with the PR Residency Obligation, and who has a "real interest in keeping PR," the overwhelming priority is to stay in Canada until he or she is in compliance.

You have made it back into Canada without being reported. You might do so again. But there is a substantial risk it goes otherwise, that if you leave you are reported the next time.

For those who have a "real interest" in keeping PR, that is not a risk worth taking.


GRV said:
Hi Scylla,
Just wondering whether ur from a teaching profession? cz it seems like I'm being scolded by my moral science teacher. ;)

I totally & fully understand that thing of staying at a stretch for min. 730 days but what if these things come up ur way.
I ask cz there are ways ppl do these stuff (my profile is IT projects based) so want to understand if its viable option or not.
No moral directive in play, the comments by scylla are simply obvious practical observations. No advanced engineering required. No moral imperative. A PR not in compliance with the PR RO should avoid leaving Canada until the PR is in compliance with the RO . . . assuming the PR has a real interest in keeping PR.

To be clear, this part of your post:
". . . but what if these things come up ur way."

contradicts this part:
"I totally & fully understand that thing of staying at a stretch for min. 730 days . . ."

After all, what "viable option" are you asking about? The viable option is to avoid leaving Canada. Any other approach is taking risks.




GRV said:
Hey Guys,
Hope all doing good wherever they are..
Well, myself getting use to the weather getting colder day by day..

Anyways, i have a query as I am on a job hunting spree so I got myself shortlisted and there was a question wherein I needed to confirm that am I available to travel within Canada, USA & internationally (if required). Though I hesitatingly said Yes (need of a job) but now I think- should I make them clear/aware (if i move on to the next round) that I wont be able to travel outside Canada? And also shall I let them know the reason (RO obligation) or not.
Do you guys think telling these things to recruiters will shoo them away?

Or is it possible to travel abroad on a project as I'm employed by a Canadian employer?

Pls advise.
I suppose that strictly speaking you were not asking whether you should take a job involving having to travel outside Canada, such as to the U.S. (obviously NO if retaining PR status is a priority), but whether you should . . . not sure what you are asking . . .

-- are you asking if it was OK to misrepresent your availability to travel?

-- are you asking, now that you have misrepresented your availability to travel, if you should be upfront with prospective employers about the PR RO concern, or continue to mislead them as to your travel limitations?

These questions are beyond the scope of the PR RO or preserving PR status, and in many respects are personal. You already made the initial misrepresentation, so any response as to whether or not you should have done that is moot, of no import. That is done, past tense. How you handle it going forward is still in play, it appears, but not dictated by immigration obligations so much as how you choose to engage with recruiters and prospective employers, and what factors into what you decide in that regard is more about your vocation and employment opportunities and what you need to do to find employment, what you are willing to do to make yourself attractive to employers, and so on.

In any event, the underlying issue is about finding employment more than about the PR RO. There are other conferences here, among the "Working in Canada Topics," which might be a better place to pose queries in this regard.

But if the question is about taking a job that might demand travel to the U.S., if you really do, as you said you do, "fully understand that thing of staying at a stretch for min. 730 days," you should readily understand the only viable option is no.

Unless you are a gambler, one willing to gamble PR status itself.
 

dpenabill

VIP Member
Apr 2, 2010
6,485
3,250
Further observations:

GRV said:
Or is it possible to travel abroad on a project as I'm employed by a Canadian employer?
To be clear, it is possible for any PR to travel abroad. There is no restriction prohibiting a PR from traveling abroad.

The obligation is to comply with the PR Residency Obligation.

A PR is entitled to credit toward compliance with the PR RO if the time abroad is full time employment pursuant to an assignment by a Canadian business employing the PR.

So if you took a job and were assigned to go abroad, the time you are abroad should count toward compliance with the PR RO.

But that is not your problem is it. Your problem is that you are not currently in compliance with the PR RO. Every time you have contact with CBSA or CIC (technically now Immigration, Refugees, and Immigration), you are at risk of a residency examination. So if you leave, when you return to Canada you are at risk a CBSA officer will report you for being in breach of the PR RO . . . even if you are entitled to count those days abroad for the employer.

Figuring the odds, assessing the extent of the risks involved, is complicated, and how close to actual compliance with the PR RO looms large in any such calculation. The conventional wisdom, however, remains simple: it would be down right foolish to leave Canada unless and until you are in compliance with the PR RO.

If you are currently in compliance with the PR RO, and a Canadian business/employer sends you on an assignment abroad, no problem, you should be entitled to credit for that time, so you should continue to be in compliance despite the time abroad. The key is to first be in compliance with the PR RO.
 

GRV

Star Member
May 5, 2009
119
1
Well, rightly said Dpenabill. Actually i knew the partial answer myself but it was just that if there was some missing piece or unknown thing which can be taken into consideration from the law/policy.
Cz the next imp part is to sustain in CAN; how? obv by getting a job and it becomes all the more worthy if the job is in ur profile but as it all depends on different set of personal parameters so one needs to act accordingly.

And as I knw what needs to be done in my case so won't be tinkering with that.

But yes Thanks for clarifying my doubts.