moradian_2007 said:
Dear Scylla
Many thanks for kind answer
Please note I was employed when I was in Canada for a job outside of Canada. The last email that I have receive from CIC. and I answered was in Nov.2014 Do you have any idea how long I should wait for an answer either positive or negative?
regards
moradian
Your timeline is unusually long given its one year since you returned the requested documents and 18 months since you applied. Based on the little feedback on this forum as to delay reason for PR Card renewals (compared to Citizenship applications where there is more info) it seems most of the wait is for the file actually to be reviewed. Its gathering dust so to speak. Apply for GCMS notes under the ATIP process (do a search using these terms). This usually gets your file back on track as someone at CIC has to access it and it may bring to their attention they haven't done anything so far. In regards to case law limited material as to processing times but there is a ruling where CIC presented a 12-18 month timeline as 'reasonable' for a 'complex' case such as yours and the FC Judge did not deem this excessive. For this particular case the FC directed CIC issue the PR his PR Card as CIC shifted the RO window between application date and PR Card pick up date.
As a side issue I have posted below the regs on being employed abroad for RO compliance. Since CIC knew PRs would be lining up to set up small time mom and pops incorporations not for profit but to comply with the RO they made the rules for this exemption tight. If both you and the company meet the rules then you are good. Review these and decide if you still want to pursue the application or cut your losses, withdrawal and apply afresh if you have actual 'In Canada' physical days to meet the RO.
IRPA regs
Division 2 - Residency Obligation
Canadian business
61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is
(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;
(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and
(i) that is capable of generating revenue and is carried on in anticipation of profit, and
(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or
(c) an organization or enterprise created under the laws of Canada or a province.
Marginal note:Exclusion
(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.
Marginal note:Employment outside Canada
(3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression “employed on a full-time basis by a Canadian business or in the public service of Canada or of a province” means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to
(a) a position outside Canada;
(b) an affiliated enterprise outside Canada; or
(c) a client of the Canadian business or the public service outside Canada.
