Offer from Canadian Company to Work outside

[khanwaja]

Hi,

I have been offered a job by registered canadian company that has branch in oversea's, they offered me to work in their branch office but i will be employee of canadian company locally as per offer. I will be paid locally in canada by canadian company after all the tax deduction and they will provide me t4 at the end of the year. I will be working 35 days overseas and will have vacation for 35 days that i will spend with my family in canada.

I like to know whether or not these days out of canada will be counted as in Canada? someone told me that only if you are working for govt office outside canada than days are counted as in canada.

Need friend suggestion before i move ahead with the offer.

Thanks

khanwaja

 

[zardoz]

Hi,

I have been offered a job by registered canadian company that has branch in oversea's, they offered me to work in their branch office but i will be employee of canadian company locally as per offer. I will be paid locally in canada by canadian company after all the tax deduction and they will provide me t4 at the end of the year. I will be working 35 days overseas and will have vacation for 35 days that i will spend with my family in canada.

I like to know whether or not these days out of canada will be counted as in Canada? someone told me that only if you are working for govt office outside canada than days are counted as in canada.

Need friend suggestion before i move ahead with the offer.

Thanks

khanwaja

Are you saying that you will have 35 days out of Canada, then 35 days in Canada in each 70 day period? If this is the case, I suspect that it will not count as "assigned" full-time employment. I think that it will be treated as long business trips. It's certainly not a typical pattern of employment...

 

[khanwaja]

Its an oil field job, where you work in hardship location for 35 days and than get 35 days to spend with family in Canada. Oil field jobs are more or less same everywhere like this. need suggestions.

 

[scylla]

Its an oil field job, where you work in hardship location for 35 days and than get 35 days to spend with family in Canada. Oil field jobs are more or less same everywhere like this. need suggestions.

Agreed this is typical of oil field work (I have a few friends in the industry).

Unfortunately I don't know how CIC will view this and if they will allow you to count those days towards your PR residency requirement.

 

[khanwaja]

Agreed this is typical of oil field work (I have a few friends in the industry).

Unfortunately I don't know how CIC will view this and if they will allow you to count those days towards your PR residency requirement.

Yes that is why I am little afraid, however as per CIC website these days are counted as days in canada, however i spoke with a lawyer he said you can only count these days for PR card renewal but you will not be able to count these days for citizenship unless you are employed oversea's by govt related office.

 

[scylla]

Yes that is why I am little afraid, however as per CIC website these days are counted as days in canada, however i spoke with a lawyer he said you can only count these days for PR card renewal but you will not be able to count these days for citizenship unless you are employed oversea's by govt related office.

Oh - if you're asking about citizenship then the answer is extremely clear cut. You definitely won't be able to count your days outside of Canada towards citizenship.

 

[Msafiri]

Its an oil field job, where you work in hardship location for 35 days and than get 35 days to spend with family in Canada. Oil field jobs are more or less same everywhere like this. need suggestions.

IMHO this type of work does not qualify for the exemption. If memory serves me correctly there was refusal at the IAD for a similar profile but I would need to find the link and don't have the time. It fails the 'assignment' part because being in the field is a regular feature of that work. Your day count of 35 out 35 in also means its at best a 50% assignment - this is nowhere close to full time. If I was the CIC lawyer at a PR loss hearing for the Minister I would propose to the honorable Judge a calendar year day count for in versus out including all calendar days (not just working days) and likely have this wrapped up in CIC's favor within a few hours.

 

[khanwaja]

IMHO this type of work does not qualify for the exemption. If memory serves me correctly there was refusal at the IAD for a similar profile but I would need to find the link and don't have the time. It fails the 'assignment' part because being in the field is a regular feature of that work. Your day count of 35 out 35 in also means its at best a 50% assignment - this is nowhere close to full time. If I was the CIC lawyer at a PR loss hearing for the Minister I would propose to the honorable Judge a calendar year day count for in versus out including all calendar days (not just working days) and likely have this wrapped up in CIC's favor within a few hours.

This job assignment in Africa where you can't keep your family along, so you work for 35 days and then you get relax for 35 days, its a full time job as the time you work you are answerable 24/7 and with no routine hours of operation.

Regards

Wajahat

 

[zardoz]

This job assignment in Africa where you can't keep your family along, so you work for 35 days and then you get relax for 35 days, its a full time job as the time you work you are answerable 24/7 and with no routine hours of operation.

Regards

Wajahat

It's not us you would have to convince. It's CIC... Frankly, it's unlikely that you would be able to.

 

[Msafiri]

This job assignment in Africa where you can't keep your family along, so you work for 35 days and then you get relax for 35 days, its a full time job as the time you work you are answerable 24/7 and with no routine hours of operation.

Regards

Wajahat

1. Doesn't matter where the location is its whether the role fits in with the rules. As I said this is easy pickings for CIC lawyer and in the unlikely event you win an appeal the days don't count for citizenship anyway. Read through this forum - lots of PRs who when they lost their PR suddenly found their employer wasn't so understanding about the loss of PR. I've been on this forums long enough to know when the PR has such a good 'financial' deal that playing roulette with the RO is a forgone conclusion so I believe you will take the risk.

2. If your spouse is in Canada then the gamble if it backfires can be corrected with sponsorship. Good luck in your decision making but I would never jeopardize my PR for any employer. I'd rather get by with a survival job in Canada until I have 1095 days apply for citizenship then go work in my chosen profession - the jobs will always be there but my potential one day in court may result in my PR never being there!

 

[scylla]

Your day count of 35 out 35 in also means its at best a 50% assignment - this is nowhere close to full time.

Msafiri - It is a full time job. (I've got a number of friends in the industry). You effectively work 18 hour days for 35 days straight. The 35 days you then get off represent your holiday time + the weekends you didn't get while working + the evenings you didn't get while working + normal weekends. While it may seem strange, the math does actually work out if you calculate the hours. In other words, the amount of time most of us spend working in a 10 week period is all taken and compressed into a 5 week period. So that's how they get the next 5 weeks off.

Having said all of that - I still have no idea how CIC would deal with this assignment from a PR residency standpoint. I would be tempted to ask if there is anyone in the company who has worked for them and successfully renewed their PR status based on having this type of assignment (i.e. CIC accepted this as time in Canada).

 

[canuck_in_uk]

If OP is referring only to maintaining PR status and plans to alternate 35 days out of Canada and 35 days in Canada, I really don't see what the issue is. He will be spending half his time in Canada, which is more than sufficient to meet the RO and maintain his PR status.

Is there something else here that I'm not seeing?

 

[keesio]

If OP is referring only to maintaining PR status and plans to alternate 35 days out of Canada and 35 days in Canada, I really don't see what the issue is. He will be spending half his time in Canada, which is more than sufficient to meet the RO and maintain his PR status.

Is there something else here that I'm not seeing?

Well he did mention citizenship also. And that answer is clear - NO, the days outside Canada do not count

 

[canuck_in_uk]

Well he did mention citizenship also. And that answer is clear - NO, the days outside Canada do not count

Yes, the citizenship issue has already been addressed correctly, hence why I referred only to maintaining PR status.

Several people have expressed doubt about maintaining and renewing his PR status while doing this job. If OP sticks to his plan of 35 days in Canada, 35 days out, his PR status will be perfectly fine. In fact, if he did this for 5 years, he would have nearly 200 extra days as a buffer.

 

[keesio]

Yes, the citizenship issue has already been addressed correctly, hence why I referred only to maintaining PR status.

Several people have expressed doubt about maintaining and renewing his PR status while doing this job. If OP sticks to his plan of 35 days in Canada, 35 days out, his PR status will be perfectly fine. In fact, if he did this for 5 years, he would have nearly 200 extra days as a buffer.

That's assuming that his PR obligation is in decent shape right now. If he has already been out of the country for awhile (after getting PR) and just came back only to then spend half the time out of the country again, then it can be a problem