Short of Residency Obligation

[rockingrat]

Hi all,

Hope you doing well! I have question regarding RO, how risky to get reported or warned not meeting RO at airport while entering Canada? Since I notice PR will be using machine to scan the card and documentation in recent years, will the machine detect my past 5 years travel history? or only can be detected by random boarder officer call-out?

I've already been away for the past 3 years, so I should be staying in Canada for next 2 years now. But for work purpose, I have to move to US for next 2 years. Then when I re-enter Canada on 2024, I plan to stay longer enough to meet 730 days before next renewal. Will it be an issue to re-enter? If I entered with reported, can I still stay to meet 730 days? What's the best solution?

It will be highly appreciated if someone could help me out!!

Thanks
L

 

[YVR123]

Hi all,

Hope you doing well! I have question regarding RO, how risky to get reported or warned not meeting RO at airport while entering Canada? Since I notice PR will be using machine to scan the card and documentation in recent years, will the machine detect my past 5 years travel history? or only can be detected by random boarder officer call-out?

I've already been away for the past 3 years, so I should be staying in Canada for next 2 years now. But for work purpose, I have to move to US for next 2 years. Then when I re-enter Canada on 2024, I plan to stay longer enough to meet 730 days before next renewal. Will it be an issue to re-enter? If I entered with reported, can I still stay to meet 730 days? What's the best solution?

It will be highly appreciated if someone could help me out!!

Thanks
L

who knows what the machines can do in 2024. (regardless if it is checking your RO currently or not when you scan your passport)
Will you be travelling with a valid PR card? I don't think it's hard to include RO in the scanning if isn't already doing it right now.

You haven't really been staying in Canada at all (away past 3 years and now away again for the next 2 years). So how many days would you have been staying in Canada when you enter in 2024? If you were reported when you enter next time, your stay will not count towards your RO. You will be waiting for the appeal process and try to keep your PR status. (And choosing to work in US doesn't seem like a good H&C reason)

 

[rockingrat]

who knows what the machines can do in 2024. (regardless if it is checking your RO currently or not when you scan your passport)
Will you be travelling with a valid PR card? I don't think it's hard to include RO in the scanning if isn't already doing it right now.

You haven't really been staying in Canada at all (away past 3 years and now away again for the next 2 years). So how many days would you have been staying in Canada when you enter in 2024? If you were reported when you enter next time, your stay will not count towards your RO. You will be waiting for the appeal process and try to keep your PR status. (And choosing to work in US doesn't seem like a good H&C reason)

Thanks for reply! I see, if the machine works auto-check my RO, I will be definitely reported on next return.

 

[Ponga]

Thanks for reply! I see, if the machine works auto-check my RO, I will be definitely reported on next return.

It goes beyond that, since you ultimately do have to see a CBSA officer afterwards, to hand them the receipt from the Primary Inspection Kiosk. The officer may very well know how long you've been away. Good luck.

 

[rockingrat]

It goes beyond that, since you ultimately do have to see a CBSA officer afterwards, to hand them the receipt from the Primary Inspection Kiosk. The officer may very well know how long you've been away. Good luck.

Thanks, but what if I continue work for Canadian company while I relocated in US ( cuz they have branches in both) , the time I spend there will count for RO or not? I read the government site, it requires PR to be under Canadian company before leave and return. Is that correct?

 

[scylla]

Thanks, but what if I continue work for Canadian company while I relocated in US ( cuz they have branches in both) , the time I spend there will count for RO or not? I read the government site, it requires PR to be under Canadian company before leave and return. Is that correct?

This rule only applies if you were first hired for a role inside of Canada and then later transferred to a role outside of Canada temporarily. The requirements are quite specific. Is this your situation? Were you first hired for a role in Canada and then later moved to the US?

 

[Ponga]

Thanks, but what if I continue work for Canadian company while I relocated in US ( cuz they have branches in both) , the time I spend there will count for RO or not? I read the government site, it requires PR to be under Canadian company before leave and return. Is that correct?

Maybe not in the example that you have described. Have a look at this:
https://meurrensonimmigration.com/maintaining-permanent-residency-status-while-working-abroad/

To have time spent outside of Canada count toward the residency requirement, the permanent resident must be assigned temporarily, must maintain a connection with his employer, and must return to work for it in Canada following the assignment: Canada (Citizenship and Immigration) v Jiang, 2011 FC 349

Definition of Assigned


A thorny issue that has arisen in the context of determining whether someone meets this requirement is whether an employee has been “assigned” to an overseas affiliate of a Canadian business, and whether it was necessary for there to actually be an “assignment” from the Canadian business.

---
And, this:
http://www.cba.org/CBA/cle/PDF/IMM13_paper_roth.pdf



Canadian Business – under subsection 28(2)(a), both a permanent resident employed by a Canadian business abroad and their dependents will be considered to have maintained their residence in Canada. However, there are limitations to such employment and not everyone will benefit from his section of the IRPA. Section 61 of the IRPR defines what is meant by a Canadian Business:

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

1. (i) that is capable of generating revenue and is carried on in anticipation of profit, and
2. (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
3. (c) an organization or enterprise created under the laws of Canada or a province.
   ----

You said that this was your question "`cuz they have brances in both" [countries] , but are they a true Canadian business doing business in the U.S., or just a U.S. company with a Canadian division/franchise/presence in Canada?

If a U.S. citizen or LPR (Green Card holder) could do the same job, I don't think you could use that as a valid argument for you meeting the R.O., but...it's only my opinion. Hopefully others will chime in to dispel my opinion.

 

[rockingrat]

Maybe not in the example that you have described. Have a look at this:
https://meurrensonimmigration.com/maintaining-permanent-residency-status-while-working-abroad/

To have time spent outside of Canada count toward the residency requirement, the permanent resident must be assigned temporarily, must maintain a connection with his employer, and must return to work for it in Canada following the assignment: Canada (Citizenship and Immigration) v Jiang, 2011 FC 349

Definition of Assigned


A thorny issue that has arisen in the context of determining whether someone meets this requirement is whether an employee has been “assigned” to an overseas affiliate of a Canadian business, and whether it was necessary for there to actually be an “assignment” from the Canadian business.

---
And, this:
http://www.cba.org/CBA/cle/PDF/IMM13_paper_roth.pdf



Canadian Business – under subsection 28(2)(a), both a permanent resident employed by a Canadian business abroad and their dependents will be considered to have maintained their residence in Canada. However, there are limitations to such employment and not everyone will benefit from his section of the IRPA. Section 61 of the IRPR defines what is meant by a Canadian Business:

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

1. (i) that is capable of generating revenue and is carried on in anticipation of profit, and
2. (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
3. (c) an organization or enterprise created under the laws of Canada or a province.
   ----

You said that this was your question "`cuz they have brances in both" [countries] , but are they a true Canadian business doing business in the U.S., or just a U.S. company with a Canadian division/franchise/presence in Canada?

If a U.S. citizen or LPR (Green Card holder) could do the same job, I don't think you could use that as a valid argument for you meeting the R.O., but...it's only my opinion. Hopefully others will chime in to dispel my opinion.

Thanks for the info, I will check them out!

My situation is, I first hired outside Canada, then transfered me to Canada branch (new signed contract), but I'm working with US office all the time, just relocation needs assigned into different branches. I dunno if it's legal to work physically in US but pay tax for Canada. I heard it;s hard to get a green card there, so I want to try best to keep my PR card at least.

Thanks!

 

[rockingrat]

This rule only applies if you were first hired for a role inside of Canada and then later transferred to a role outside of Canada temporarily. The requirements are quite specific. Is this your situation? Were you first hired for a role in Canada and then later moved to the US?

I think so, new contract should be seen as new hired, right? If so, yes.

 

[YVR123]

Thanks for the info, I will check them out!

My situation is, I first hired outside Canada, then transfered me to Canada branch (new signed contract), but I'm working with US office all the time, just relocation needs assigned into different branches. I dunno if it's legal to work physically in US but pay tax for Canada. I heard it;s hard to get a green card there, so I want to try best to keep my PR card at least.

Thanks!

I do not think your situation fits in that special requirement. But I am not an immigration lawyer nor any expert.

You were hired to work in Canada for the US counter part to begin with and the US assignement (if you decided to move) is not temporary.

Working in US and paying tax in both US and Canada is not "hard" and it's legal if you have the proper status to work in US. Just hire an accountant who is familiar with cross border taxes.

 

[Ponga]

Thanks for the info, I will check them out!

My situation is, I first hired outside Canada, then transfered me to Canada branch (new signed contract), but I'm working with US office all the time, just relocation needs assigned into different branches. I dunno if it's legal to work physically in US but pay tax for Canada. I heard it;s hard to get a green card there, so I want to try best to keep my PR card at least.

Thanks!

Can't speak to how difficult it would be to get a GC, but I can say that the requirements to maintain the GC status is nowhere near as generous as maintaining Canadian PR status. For starters, you cannot be outside of the U.S. for up to 3 years in a rolling 5 year period, but a Canadian PR can be and would still meet the R.O.