Residency status validity for United Nations employees

[rushbd]

Hi there. I recently got Permanent Residency Status for Canada. Currently I am working for United Nations in Bangkok, Thailand.

I know that CIC has a requirement of physical presence of two years in five years. And I also know that if someone is employed by a Canadian Business outside Canada, his stay may still be considered valid if can provide required documents and proof.

My question is, does similar exception apply for United Nations employees, given UN doesn't really belong to a single country, and Canada is a member state ?

 

[scylla]

No - this exception does not apply to UN staff. You must physically live in Canada for 2 out of every 5 years to keep your PR status. This has been challenged at the Federal court level without success. UN workers are not covered by the exception.

 

[rushbd]

:'( Thanks for the reply.

 

[homecanadaUNstaff]

Hi all,

Thank you for the question and also the answer. I have the same question with a different situation.

I am a UN staff member since 2002 with UN peacekeeping missions. I, my wife and kids came to Canada as a refugee protected person, our life was in danger back home because I was working for the UN, We are grateful for Canada to accept our refugee case and call this beautiful country our new home.

My question; Is there any difference for PR holders who came as refugees and those came to Canada as any other type of immigration processes such as skills workers..etc.... towards their physical requirement to be able to renew our PR cards and to be eligible for citizenship?

And as refugee protected person if we lose our status Canada we have nowhere else to go.

Thank you for any clarification on this.

 

[k.h.p.]

Hi all,

Thank you for the question and also the answer. I have the same question with a different situation.

I am a UN staff member since 2002 with UN peacekeeping missions. I, my wife and kids came to Canada as a refugee protected person, our life was in danger because I was working for the UN, We are grateful for Canada to accept our refugee case and call this beautiful country our home.

My question; Is there any difference for PR holders who came as refugees and those came to Canada as any other type of immigration processes such as skills workers..etc.... towards their physical requirement to be able to renew our PR cars and to be eligible for citizenship?

And as refugee protected person if we lose our status Canada we have nowhere else to go.

Thank you for any clarification on this.

No. You must continue to meet your residency obligation.

 

[homecanadaUNstaff]

so sad, thanks for your prompt clarification. best regards,

 

[canuck78]

so sad, thanks for your prompt clarification. best regards,

Not really sad. If you ask for Canada’s protection you’re asked to respect a very lenient RO while you are a PR. Aren’t UN peacekeeping forces still associated with their home country?

 

[homecanadaUNstaff]

Not really sad. If you ask for Canada’s protection you’re asked to respect a very lenient RO while you are a PR. Aren’t UN peacekeeping forces still associated with their home country?

No, don't get me wrong please. I didn't mean by that. I was just trying to express my feelings nothing than that. As I mentioned I am grateful for Canada grating us the protection and we as like other residents will have to follow any obligations required.

I am a civilian staff not associated with any country.

regards

 

[canuck78]

No, don't get me wrong please. I didn't mean by that. I was just trying to express my feelings nothing than that. As I mentioned I am grateful for Canada grating us the protection and we as like other residents will have to follow any obligations required.

I am a civilian staff not associated with any country.

regards

Staff usually do postings and then come home for a certain amount of time so you can work for the UN but you have to keep you 2 out if 5 requirement in mind.

 

[homecanadaUNstaff]

Staff usually do postings and then come home for a certain amount of time so you can work for the UN but you have to keep you 2 out if 5 requirement in mind.

yeah, I have to check with my office if they will allow me special leave with no pay for at least 2 years so I can keep my residency renewed and my job. If not I will have to resign from my job.
thank you for the great suggestion.

 

[canuck78]

yeah, I have to check with my office if they will allow me special leave with no pay for at least 2 years so I can keep my residency renewed and my job. If not I will have to resign from my job.
thank you for the great suggestion.

You don’t need to be in Canada for 2 years straight. Just 2 out of 5 years total. Also need to look at the residency requirements to qualify for health coverage if you plan on being away for long periods of time.

 

[homecanadaUNstaff]

You don’t need to be in Canada for 2 years straight. Just 2 out of 5 years total. Also, need to look at the residency requirements to qualify for health coverage if you plan on being away for long periods of time.

Yeah, I sure will have to look at the health coverage residency requirements as well.

Thank you much.

 

[Ghost_rider]

No - this exception does not apply to UN staff. You must physically live in Canada for 2 out of every 5 years to keep your PR status. This has been challenged at the Federal court level without success. UN workers are not covered by the exception.

Hi Scylla, basically, there are two types of UN employees, hired nationally and internationally. I suppose internationally hired UN employee can benefit from recognition of time spent abroad. Could you please refer court cases if possible. thank you

 

[scylla]

Hi Scylla, basically, there are two types of UN employees, hired nationally and internationally. I suppose internationally hired UN employee can benefit from recognition of time spent abroad. Could you please refer court cases if possible. thank you

Neither counts. The UN isn't classified as a "Canadian federal, provincial or territorial government".

I will see if I still have the links to the court case. You can try searching for it on canlii.

 

[armoured]

Neither counts. The UN isn't classified as a "Canadian federal, provincial or territorial government".

I will see if I still have the links to the court case. You can try searching for it on canlii.

I'd add, Canada has legal language - well defined and used in other laws - for international organisations of which it is a member (that also includes all UN orgs and agencies I believe).

That language is not present in the laws for IRCC relevancy such as citizenship and PR status. So it's rather open and shut (unless or until the laws are amended, if ever).