Dear PMM,
I was just going through "Residency Obligations" page on this website, I read that residency days need not be consecutive and may be accumulated even outside of Canada, by employment on a full-time basis with a Canadian enterprise so here I have got few queries which are as following
* Are we allowed to work outside Canada( India, USA etc..) with any canadian enterprise ( Nortel Networks Pvt. Ltd., Banks etc.) to accumulate our two years of residency out of five years to maintain Permanent Residence status??
Yes, but you would have to hired by and be an employee of a Canadian company in Canada and then transferred overseas. Here is the definition in the Immigration Regulations:
"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 by the laws of Canada or a province.
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.
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.
Note ii above.
* While applying for Canadian Citizenship after 3-4 years, would these residency days(accumulated through working with Canadian Enterprise outside Canada) be considered towards "1095 days" rule required to apply for Citizenship??
No, citizenship requires residency in Canada
Thanks,
