Short term business travel abroad and residency obligation

[pjq49]

The CIC page on residency obligation, section on "Employment Outside Canada," says you can receive credit if:

"you are assigned on a full-time basis to:
a position outside Canada
an affiliated enterprise outside Canada or
a client of the Canadian business or the public service outside Canada"

What if my daughter makes a short trip (about a week) outside of Canada on a project for her Canadian employer? Will the days of the trip, including a weekend, count toward the obligation? I'm concerned about "assigned on a full-time basis," since it's only one week.

(The week matters because she was at university in the states when we got PR status and she has very few days to spare in order to meet the two year requirement.)

Thanks very much in advance.

 

[Alabaman]

I don't think anyone will penalize her for taking credit for a week... after all she was sent outside Canada by her Canadian company. It is still full time work if you ask me.

Having said that, I would suggest she just wait an additional one week before she applies and not take credit for work outside Canada (as long as this will not bleed out days at the front end of the 730 days she already has). This way, she doesn't have to go through the stress of providing paper work from her employers to prove the one week of work outside Canada.

She will still list it in the "days of absence from Canada" section and list "Work (Canadian Coy Name)" as reason for absence... she won't just take credit for it.

 

[pjq49]

Alabaman: Thanks very much. But, as I failed to make clear, our concern is not a delay in her eligibility for citizenship but maintaining her PR status. As a student she was in the US almost three full years of her first three years with PR status. So she needs nearly two full years of unbroken credit, or else she'll end up with less than two years of her first five, and according to the rules, could lose PR status.

I'm hoping she can say, "my employer sent me to Hong Kong, for one week, to work 'full time,' meaning 9-5 weekdays during that week"--and thus qualify all seven days for the credit.

We're prone to be cautious, even if losing PR status does not seem likely, because of somewhat relaxed enforcement of the rules. We would not want to assume that that will continue.

 

[Alabaman]

Yes I know it is for PR and not citizenship. They only look at 5 years preceding the date of application so it doesn't matter if her card is expired or her first 5 year period has elapsed. So my previous suggestion is valid.

Even if you decide to claim the 1 week, I am sure she will still be fine... I just think it's better not to give them a reason to ask more questions.

See this:

Quote
For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant's past, but must always assess the most recent five-year period preceding the receipt of the application.
End Quote

http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf page 7

 

[pjq49]

Alabaman: You're very informed and very patient. A further clarification, please, if you don't mind. You say "They only look at 5 years preceding the date of application." Is this an application for citizenship? If the business trips became frequent (which could happen), my daughter could come to a point (about 18 months from now) at which, for the immediately preceding five years, she would have resided in Canada for less than two years. That situation wouldn't last long--she would be living in Canada, and dropping days of US residency off the early end of the relevant period. Our concern is that, in that brief period, she would be out of compliance with the residency obligation. If, for some reason, her PR status were reviewed during that period, it seems she would be exposed to the revocation of the PR status. At least, that is how I remember understanding the CIC statements about maintaining PR status.

Main question: Is there not a meaningful risk in having ANY 5 year period of noncompliance, and if not, why not?

PQ

 

[Alabaman]

If the business trip is going to be frequent, then you don't have a choice but to claim credit for it.

The only time a risk of non compliance exists is if you are examined at a point in time... either at a point of entry (which seldom occurs) or when filing for renewal or replacement of your PR card.

To make things easy, since your daughter currently lives in Canada, she can just go ahead and apply for renewal claiming her one week of work outside.

 

[pjq49]

Alabaman, Roll Tide! This was really excellent help. Thanks so much! I'd leave a positive rating, but after 10 minutes of looking, I can't figure out how. PJQ

 

[AllisonVSC]

Alabaman, Roll Tide! This was really excellent help. Thanks so much! I'd leave a positive rating, but after 10 minutes of looking, I can't figure out how. PJQ

I will give him one for you, pjq, because you have to have posted a minimum number of times (not sure what that minimum is though) to have rating privileges.