PR Card - Days Outside Canada for Canadian Employer

[rasik_patel75]

Hello Everyone,

I have couple of quick questions as I am helping a family freind prepare their PR card renewal application. Would really appreciate if someone can share their insight on these:

1) If I am outside Canada on work but working for a Canadian employer who hired me in Canada - can these days be counted towards PR stay in Canada ?
2) What is a legal definition of a day in Canada ? In another words, when we travel we will have travel day split between Canada and other country (once we leave Canada). Can we count this day as in Canada if I was in present in country for any part of that day ?

Would be great if someone can clarify on these topics.

 

[Leon]

1) Yes, if your Canadian employer hired you in Canada and transferred you to another country, you will most likely be able to count the days working for this employer towards your residency requirements.

2) Any part of a day spent in Canada is a day spent in Canada towards the PR residency requirements. Therefore, if you leave Canada today and come back tomorrow, you spent 0 days outside Canada. If you leave on a Monday and come back on a Monday, you count both Mondays inside Canada. For citizenship requirements though, they count the nights.

 

[rasik_patel75]

Leon,

Very clearly explained. I am clear on this now. Thank you very much.

 

[indrajitsen]

Hi

I am a Canadian Permanent Resident (PR) since my first landing in
Canada in Dec 2009. I have been living in Malaysia since my first
landing in Canada except a few short trips to Canada. I will finally
move to Canada in July 2012 and still have close to 2.5 years time to
fulfill my 730 days physical presence PR rule.

I have secured employment with a Canadian company (joining in July
2012) but need to travel overseas extensively as a part of my job
requirements. This is not a permanent deputation outside Canada. I would be grateful, if you could kindly confirm that
the days I will spend outside Canada on behalf of my Canadian
employer, will be counted towards the 730 day physical presence rule
to preserve my PR status.

Thanking you in advance
Sen

 

[PMM]

Hi

Hi

I am a Canadian Permanent Resident (PR) since my first landing in
Canada in Dec 2009. I have been living in Malaysia since my first
landing in Canada except a few short trips to Canada. I will finally
move to Canada in July 2012 and still have close to 2.5 years time to
fulfill my 730 days physical presence PR rule.

I have secured employment with a Canadian company (joining in July
2012) but need to travel overseas extensively as a part of my job
requirements. This is not a permanent deputation outside Canada. I would be grateful, if you could kindly confirm that
the days I will spend outside Canada on behalf of my Canadian
employer, will be counted towards the 730 day physical presence rule
to preserve my PR status.

Thanking you in advance
Sen

Yes, they will be counted if the Canadian company meets the definition, and is not for the purpose of maintaining PR status.

"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.