Maintaining Permanent Residency – PR Working Abroad
- Thread starter fastwater
- Start date
You don't apply ahead of time to CIC to get permission to work abroad. Instead, when it's time to renew your PR status, you must submit documents to CIC to prove you can count the time you spent working outside of Canada towards your residency requirement. So unfortunately there's nothing you can do now to confirm the time you spent working outside of Canada can be counted towards PR. You will only find out afterwards.fastwater said:Hi guys, ;D
I'm a PR in BC, but I just found a job in Quebec. The company's sending me ourside of the country to work.
I need to know how to apply to Immigration Canada PR working abroad and what documents I'm to submit.
Thank you everyone.
No - no difference.fastwater said:Thank you Scylla
And one more question: does it make a difference when the company is Quebec rooted? Since the immigration laws there are different from the ones of BC.
Caution: The exception to being physically present in Canada, allowing credit for PRs temporarily assigned abroad by a qualified Canadian business employer, is subject to strictly applied technicalities.
For example, your scenario appears to suggest you will be employed to take a position abroad. There is a significant chance this will not qualify for the credit. Generally, to qualify for the credit, the PR must be employed in a position in Canada and then that employer temporarily assigns the PR to a position abroad.
In practice, given the way CIC has interpreted and applied this, there appears to be only limited scenarios in which this credit is actually available for a PR who really needs the credit. Perhaps now IRCC (name change under Liberal leadership) will take a more flexible or lenient approach, but this is not something to count on.
As Scylla cautioned, the problem is you cannot get an official determination that the time will count until you are subject to a Residency Determination, and by then it is too late to fix things if the time will not count and without it you are not in compliance with the PR Residency Obligation.
In particular, be extremely cautious if:
-- you are not first employed full time by the employer, working in a position in Canada, before being sent to a position abroad
-- the position abroad is for an indefinite period of time; definitely do not take a position abroad which is or could be characterized as a permanent position abroad
-- there is not a specific plan for you to return to Canada to work at a position in Canada for the employer when the temporary assignment abroad is complete
If the employment falls into any of these three scenarios, it probably will NOT qualify for the credit. If any of these three scenarios seem even close to the deal, best to get a reputable, experienced immigration lawyer's paid-for opinion before taking the position.
For example, your scenario appears to suggest you will be employed to take a position abroad. There is a significant chance this will not qualify for the credit. Generally, to qualify for the credit, the PR must be employed in a position in Canada and then that employer temporarily assigns the PR to a position abroad.
In practice, given the way CIC has interpreted and applied this, there appears to be only limited scenarios in which this credit is actually available for a PR who really needs the credit. Perhaps now IRCC (name change under Liberal leadership) will take a more flexible or lenient approach, but this is not something to count on.
As Scylla cautioned, the problem is you cannot get an official determination that the time will count until you are subject to a Residency Determination, and by then it is too late to fix things if the time will not count and without it you are not in compliance with the PR Residency Obligation.
In particular, be extremely cautious if:
-- you are not first employed full time by the employer, working in a position in Canada, before being sent to a position abroad
-- the position abroad is for an indefinite period of time; definitely do not take a position abroad which is or could be characterized as a permanent position abroad
-- there is not a specific plan for you to return to Canada to work at a position in Canada for the employer when the temporary assignment abroad is complete
If the employment falls into any of these three scenarios, it probably will NOT qualify for the credit. If any of these three scenarios seem even close to the deal, best to get a reputable, experienced immigration lawyer's paid-for opinion before taking the position.