toronto_engg said:
Hi all
I wanted to know if time spent in following situation outside canada will be counted in 730 days obligatory presence in canada time.
If i am a pr and work fr a canadian firm. My role is a full time virtual role and i work from home in toronto.
If i go outside canada for one yr and keep working virtually for my canadian firm will that time be valid for 730 days obligation?
My company is nt transferring me, its juat i have the flexibility to work from outside canada.
Thanks
I largely concur with the post by
scylla except for one clarification (arising, my guess, from a slip in terminology).
Moreover, it warrants cautioning that the credit for time abroad while working
full time on a
temporary assignment from or for a Canadian business, has been narrowly construed in recent years, so much so it can be difficult to identify realistic scenarios in which it will apply where the PR does not otherwise meet the PR Residency Obligation.
Otherwise, I have to ask, however, does someone employed in a "virtual role" get compensated in
virtual money? I do not mean to be flippant. But if you do
real work, for
real money, it is
real employment, not
virtual employment, even if (like me) the relationship with the employer is done entirely in digital or electronic means, or otherwise via telecommunication. All my work (at least for many years now), by the way, is exported (via the Internet), the entity employing me is headquartered in the other hemisphere (a place I have
never visited), and for more than a decade I have had no physical contact with anyone I do the work for. But real world laws, rules, regulations, banking, taxation, import and export regulations, and so on, all apply. Thus, for example, where I physically do the work, that is where my body is located while I do the work (which is here in Canada), is a dominant characteristic of what I do (for example, it determines which country I am primarily obligated to pay income tax). Where I physically live determines my place of residence. And so on. We do not work or live in virtual space, even if the means and content of the work are entirely digital.
For clarification:
scylla said:
In order for your time in Canada to count towards RO, your company would have to transfer you to a permanent job outside of Canada.
I suspect the reference to
"a permanent job outside Canada" is a mere slip of the keyboard, that
"full time job" was intended.
I do not mean to be overly critical or finicky, but I thought clarification of this is warranted because the employment abroad must actually be a
temporary assignment, and thus thought it is probably important to be clear about the difference.
I suppose you may have otherwise intended to say the relationship with the Canadian employer must be a permanent job . . . pursuant to which there is a transfer or assignment abroad,
temporarily, not a permanent job outside Canada (which, if it is a permanent job outside Canada, would be enough itself to preclude entitlement to the credit).
