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Offer from Canadian Company to Work outside

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
scylla said:
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).
Thanks for the clarification. I'm going with a simple mathematical scenario. The question to the OP is this - in any calendar year (not necessarily Jan-Dec) if you count the days in Canada versus the days out of Canada and that CIC count a year as 365 days will you in the relevant 5 year rolling period have 730 days on the assumption the legislation doesn't change (with calculation to account for travel days back to Canada)? Without knowing this we are all speculating but its going to range from not enough, just enough, enough with a minor buffer to enough with a significant buffer for PR Card renewal.
 

khanwaja

Star Member
Mar 1, 2009
197
5
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
July 2008
Doc's Request.
Dec 2008
AOR Received.
Apr 2009
Med's Request
Nov 2009
Med's Done....
Dec 2009
Interview........
Waived
Passport Req..
Mar 2010
VISA ISSUED...
Mar 2010
LANDED..........
August 2010
Greetings, Finally reaching time to get my PR card renewed as its expiring in June 2016... I have spent 194 days physically in canada prior to August 2014.

Since Aug 2014 I am employed by Canadian company that has business in Africa so they put me on international assignment (30 days on / 30 days off). So as per CIC rules each day i am out of canada is counted as days in canada - company gave me letter confirming that i am full time employed by Canadian company... I have filed TR and have NOA for 2010, 2012, 2013, 2014 and will also have for 2015... already bought house too.

So by counting days out of canada while on canadian business employment I will reach 730 days by end of January but if i add 20 days of vacation which i will be spending away from canada and my work location from dec 23 to jan 10 so 730 days will be completing by mid feb 2016.

I will be submitting my PR card renewal in March first week and will include travel ticket for April as will depart to work in africa.

Not sure if i wil get interview call as my application is not straight forward - so I am worried because if i didn't get pr card by june 2016 I will be stuck....

In case i didn't get pr card by june 2016 so i will be entering by road from USA as have us visa --- i hope there shouldn't be any problem.... any suggestion ???
 

scylla

VIP Member
Jun 8, 2010
95,836
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Did that Canadian company first hire you for a role in Canada? Did you work in that role for at least a few months before being transferred to the position outside of Canada? Or were you hired directly for the role outside of Canada by the Canadian company?

Unless you meet specific requirements, you can't count the time spent working outside of Canada for a Canadian company towards PR.
 

khanwaja

Star Member
Mar 1, 2009
197
5
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
July 2008
Doc's Request.
Dec 2008
AOR Received.
Apr 2009
Med's Request
Nov 2009
Med's Done....
Dec 2009
Interview........
Waived
Passport Req..
Mar 2010
VISA ISSUED...
Mar 2010
LANDED..........
August 2010
scylla said:
Did that Canadian company first hire you for a role in Canada? Did you work in that role for at least a few months before being transferred to the position outside of Canada? Or were you hired directly for the role outside of Canada by the Canadian company?

Unless you meet specific requirements, you can't count the time spent working outside of Canada for a Canadian company towards PR.
I was hired by Canadian company to work for their company in africa, my visa for africa was processed while i was in canada. As per legal paper work/contract/T4/slip etc I am employee of canadian company. My wife/kid pr card is already renewed now its my turn so little bit worried ...

After getting hired by canada company I was in Canada and working from home (also travelled to us for one month training in Sep/oct 2014) until Dec 2014 as i was waiting for africa visa which was processed in ottawa -

BY June 2016 - I will be having 522 days spent physically in Canada...
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
khanwaja: Frankly, and unfortunately, your situation may be more complicated than you apprehend.

The credit toward compliance with the PR Residency Obligation based on time abroad while employed full time by a Canadian business involves more than just being employed by a Canadian business. It appears it is likely to count, but these things can be a bit tricky.

While the particular criteria and detailed factors are discussed in depth in other topics here, this may be a situation in which it would be prudent to at least consult with an immigration lawyer (not a consultant) who is totally independent of the company you are employed by. Sooner rather than later.

As was noted in earlier discussion, but for the extent of your absences before mid-2014, the flip-flop schedule pursuant to which you spend half, or at least nearly half your time in Canada, would meet the PR Residency Obligation relatively easily in the long run, no need to count the time abroad while employed. But given that you began this scenario effectively well short of meeting the PR RO, it leaves you in a position dependent on getting credit for the time spent employed abroad.

Indeed, it is apparent you barely meet the PR RO counting this time. Which brings up what I gather is a plan to make a PR card application for urgent processing (as you indicate you intend to include your travel ticket).

First, probably better to give yourself some margin over the 730 days before making the PR card application.

Second, my sense is that an application for urgent processing in this scenario involves a significant risk of inviting elevated scrutiny, so that not only does the application not get expedited processing, but could actually end up taking a lot longer than the routine timeline.

Personally, again, to be prudent it is probably a good idea to go over this in detail with a competent, reputable immigration lawyer who is independent of the employer. (Not a free or telephone consultation, but a paid-for, sit down and go over the paperwork and details consultation.)

In general your situation seems likely to be OK, that you are not likely to encounter serious problems. But you have cut things close. Your situation is not entirely clear-cut. You are dependent on a credit which it seems that CIC has been reluctant to allow in recent years (which is not to say the credit will be denied; if you meet the criteria, you will get the credit, but the burden of establishing that you meet the criteria is on you). So be aware there are potential pitfalls or risks. So be cautious and prudent.




khanwaja said:
Greetings, Finally reaching time to get my PR card renewed as its expiring in June 2016... I have spent 194 days physically in canada prior to August 2014.

Since Aug 2014 I am employed by Canadian company that has business in Africa so they put me on international assignment (30 days on / 30 days off). So as per CIC rules each day i am out of canada is counted as days in canada - company gave me letter confirming that i am full time employed by Canadian company... I have filed TR and have NOA for 2010, 2012, 2013, 2014 and will also have for 2015... already bought house too.

So by counting days out of canada while on canadian business employment I will reach 730 days by end of January but if i add 20 days of vacation which i will be spending away from canada and my work location from dec 23 to jan 10 so 730 days will be completing by mid feb 2016.

I will be submitting my PR card renewal in March first week and will include travel ticket for April as will depart to work in africa.

Not sure if i wil get interview call as my application is not straight forward - so I am worried because if i didn't get pr card by june 2016 I will be stuck....

In case i didn't get pr card by june 2016 so i will be entering by road from USA as have us visa --- i hope there shouldn't be any problem.... any suggestion ???

khanwaja said:
I was hired by Canadian company to work for their company in africa, my visa for africa was processed while i was in canada. As per legal paper work/contract/T4/slip etc I am employee of canadian company. My wife/kid pr card is already renewed now its my turn so little bit worried ...

After getting hired by canada company I was in Canada and working from home (also travelled to us for one month training in Sep/oct 2014) until Dec 2014 as i was waiting for africa visa which was processed in ottawa -

BY June 2016 - I will be having 522 days spent physically in Canada...
 

Dreamszalone

Star Member
Oct 5, 2013
62
9
There are only very few people who has gone through your situation and rest of them are just giving you imaginary advise.....
I was very much in (90%) similar situation as yours and just got my PR card renewed few months ago.....

Anyway just make sure you got all the pay stubs/ T4 / Notice of Assessments in line because that is going to play a big role in proving that you are a employee of Canadian company and you been place outside of Canada to work, and yes you would need a letter from the company as well stating why you had to be sent outside of Canada to work and what is the project and what it does, basically a brief description of your job duties and the project you are working on abroad and why you needed to be there. And also you cant consider any days you took vacation while working abroad for a Canadian company its a grey area and better not include those vacation days while you was on Vacation unless you spent your vacation in Canada.....

And 2 things will happen once you submit your application whenever it comes to the office desk it will straight away go to secondary review and your file will be sent to local office. Then local office will send you the RQ asking all the family info and days spent outside and etc which you need to fill and send it again, in that form it will specifically ask if you are out of Canada basically a check box you need to tick if you are outside of Canada then 2 thing they (CIC) will do once they get all your documents is ask you to apply for PRTD from any Canadian consulate, so you better keep 2 sets ready and give them all the same info, once you get the PRTD issued on your passport you will have to send in the copy of that PRTD to local office, and once local office receives the copy of PRTD they will close your file and send it to PRCC Sydney to complete the processing and it usually takes 1-2 months for Sydney to complete their processing and do your card production and once the card is produced you wont get it in mail it will go to local office again and then they will send you the letter again to pick it up, and in that letter they will need you to bring the absecne list and few extra docs. Anyway the whole process takes 1 year. And incase you are in CAnada when the RQ comes they will call you for interview.

My 2 Cents Take advise from people who have already walked that way which you gonna be walking on....

Hope this helps and dont worry at all if you got all T4/NOA/Pay Stub/ Company letter dont worry at all you are good.
 

khanwaja

Star Member
Mar 1, 2009
197
5
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
July 2008
Doc's Request.
Dec 2008
AOR Received.
Apr 2009
Med's Request
Nov 2009
Med's Done....
Dec 2009
Interview........
Waived
Passport Req..
Mar 2010
VISA ISSUED...
Mar 2010
LANDED..........
August 2010
Thanks for your guidance - really helpfull.

Can someone recommend me good immigration lawyer in Mississauga/GTA??? I spoke with one general lawyer he said he can help me but if i can get some real immigration lawer that will be more helpful.

I do have valid USA visa until 2018 - so while my application in process i will be able to enter canada by road from usa on basis of landing paper - is there any risk involved in that?? do you think it will be wise to speak with CBSA officer (in case i got stopped) that my PR card in process and can present NOA from 2010 till 2015, T4's, company letter, copy of agreement, mortgage doc, and will be travelling on my personal car...

Regards

wj
 

Dreamszalone

Star Member
Oct 5, 2013
62
9
All the lawyers in GTA or world wont be able to make your case win\loose all they do is present your case with their covering letter and it all depends how they write that covering letter so in this scenario you gotta go with your 6th sense but if you can do a good covering letter then technically you dont need a lawyer but still if you need one I Private messaged you.


Thanks
 

rvdh71

Newbie
Dec 23, 2015
1
0
Im in exactly same kind of situation (international oilfield, rotational job). Have been looking for this info for a while. Thanks guys. it does help.

One year wow!!! never expected that long. For those of us on the rotator clock...this does get very complicated...

Dreamszlone, i have a few questions can i email you ??? i just registered today of this forum... it would not let me send PMs..

thanks
R