Residency status validity for United Nations employees
- Thread starter rushbd
- Start date
To be clear, since 'open and shut' may be an ambiguous idiom for some, that should be read as:
-this is not an option, it is shut closed.
See a lawyer if you really want but because it's not addressed in the law, I believe there is no room to read it anywhere as working for an international organization* as being resident in Canada. (In contrast, working directly for Canadian government - eg in an Embassy abroad - is a situation addressed directly in the law - and because that's covered, it means it's a significant enough exception would have to be addressed in the law).
*Note, there may be some positions - quite rare - where a Canadian government employee is appointed to a position in an intl org, or 'seconded to' that organisation (eg paid for directly by Canadian government), where one might be considered as resident (akin to working directly for an embassy). Short form, you'd have to check with your employer, but if it's not been arranged directly by a Canadian government department or agency or the military (and probably with a diplomatic or service passport issued by Canada), then it does not apply to you. Or more bluntly: if you don't know, then it almost certainly doesn't apply to you.
Dear Scylla and Armoured, I agree with you, however I heard that about 20 years ago there was a precedent at federal court and it was decided that internationally hired UN staff can awail themselves of this. I also know that NGO set up Canada issued letter to CIC and it was accepted in favor of the person who spent time abroad working for that NGO.
If you culd refer me to the case in court that would be great, thank you in advance.
If you culd refer me to the case in court that would be great, thank you in advance.
While the appellant in this case did successfully challenge the RI on H&C grounds, it was specifically noted that if there were exceptions for UN employment, it would be specifically noted in the legislation. The “UN” factor did not seem to be a contributing factor in the success of the appeal.
https://www.canlii.org/en/ca/irb/doc/2022/2022canlii35872/2022canlii35872.html?resultIndex=1
And in this situation, was of no benefit to the appeal
https://www.canlii.org/en/ca/irb/doc/2007/2007canlii67252/2007canlii67252.html?resultIndex=1
The first step is that your wife must sponsor you for PR. Have you done that yet? That process is about 22 months. And your spouse in applying has to show that you plan to move to Canada. So until you have PR, you cannot count your time outside Canada.
As noted, there's no residency requirement to apply for Canadian permanent residency. There's no problem applying for the status, but I warn, PR status is NOT intended for thsoe who might eventually move to Canada. It might even cause more problems than it's worth to do so - because you probably won't be able to meet the residency obligatiion to keep PR status.
I see you are considering what may be useful for ~15 years down the road. Short form, keep looking into it for the long term, as I guess this is you just looking into it for first time more or less. Your plans may change and you should reconsider when they do.
Shortest form for now: your spouse will be able to sponsor you pretty much at any time, count on it taking six months to a year when you do. Realistically that means best time to start applying is perhaps two years before you'd like to move (to allow a buffer, time to prepare, arrange a place to live, things like that).
If in the interim you and your spouse make some arrangements in Canada (visit often, perhaps invest, some banking, etc), that may help your transition.
Important note: US works very differently wrt international organizations for such things, treating it akin to serving in US diplomatic service/military, etc. I.e. your spouse's ability to get and maintain US residency - if she wishes to - is not at all a mirror of how it works in Canada. Other things like taxes are quite different too.
I'm not an expert in getting mortgages for non-residents.
Conceptually, I would split the task or issue for you and your spouse: buying/investing in property now and your desire to eventually settle in Canada/reside in that property are two different things (given the timeline).
Foreigners and non-resident Canadians are allowed to buy property here. Yes, financing it may be difficult, and the 'average' bank will not do this through their standard mortgage programs. But it's not impossible, incl and esp if it will be rental property in the interim. Ask around, speak to mortgage brokers, or others. I think the main limitations of financing as a rental property are higher downpayment and possibly some higher rates, but not impossible.
Your spouse being a citizen may/should help, and there may be some tax implications for both of you.
Owning a property in Canada will make it easier to qualify for PR status with your spuse (intent to return to Canada), but frankly spousal sponsorship is not that hard for genuine marriages. (Don't buy just for this purpsoe)
Heloooo
United Nations permanent Employees are paid by Canada funds on regular basis on yearly contribution: how can a Canadian PR who is working with the UN on permanent contract and their salary is partially paid by Canada not get covered by time spent outside working for the UN. Isnt Canada Millions paid to the UN every year makes it part of Canada business to fight for climate change, etc.?
No?
You are not a federal or provincial employee so no. The government contributes but you do not receive pay stubs from the Government of Canada. Your tax returns are not completed with the Government of Canada. With your argument, every agency/group that the Canadian government contributes to makes them an employee. NATO, IOC, ASEAN…I could go on and on.
And if Canadian PR work for NATO which is part of Canada they don't deserve to be recognized? some die on the job, they also file their taxes inside Canada?
Do you have a job with NATO? How can a Canadian PR work for NATO through Canada without being a citizen? Sure, you can be recognized for your service through awards/medals. I have friends who worked for NATO, and you don’t have to file taxes in Canada if you aren’t working in Canada. Also most Canadian NATO personnel are from the Canadian armed forces so you have to be a citizen. I haven’t heard of any civilian NATO seconded PRs.
This is the wrong section of the forum for this question.
For questions about your spouse's ability to obtain an open work permit, post to the Foreign Workers section of the forum.
If you are interested in applying for PR, then you'll need to research Canada's various immigration programs to see what the requirements are and if you qualify. I would recommend you start with the Express Entry program which is a points-based program. Those with the highest points who are in the pool are selected for PR. Right now you need a score of around 500 to be selected. So calculating your score will tell you what your chances are under this program. You should also check out Quebec's programs since that's where you'll be living and working. Express Entry program details are here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/works.html