Showed work period for Canadian business overseas as present in Canada!!

[dabas]

Hi there!

I immigrated to Canada under the old law and filed citizenship application in which I counted the days I worked for a Canadian business overseas as being present in Canada. I did not provide clarification in the cover letter. I had the interview last week and expect to be asked to obtain my travel history from all countried I have been to.
I did not say I worked for this company overseas as there has been a dispute with the company and I had to come back to Canada and my company said they will not help me.

I can proove that I worked for the company overseas and can also prove it is owned by a regisyered Canadian firm having the same name from hopefully the company register.

Would it be possible to write to CIC and provide clarification. I am sure I stand very good chance if I can prove my overseas travel was for working for a firm owned by Canadian business because this is the truth. My fear is that I may be misunderstood as why I did not clarify this in the begining and showed that I was present in Canada jsut because I worked for teh firm abroad.

Please tell me your thoughts as I am fearing for the credibilty of my application. Am I better off withdrawing my application altogether?

 

[scylla]

Days spent working for a Canadian company overseas can only be counted towards maintaining your PR status - they cannot be counted towards citizenship.

You applied too early and don't qualify for citizenship. Yes - you should withdraw your application.

 

[dabas]

I have read in the Citizenship application Guide that the days actually count towrds both PR retention and Citizenship and I am certain they count but would appreciate if you help me where it says it does not.

Would it be acceptabe to CIC to at least justify why I showed the days as presence in Canada or would it be considered misrepresentation?

I am entriely new in this forum and in the process and need some help.

 

[torontosm]

Would it be acceptabe to CIC to at least justify why I showed the days as presence in Canada or would it be considered misrepresentation?

Either way, the days won't count towards citizenship and your best bet is to withdraw your application.

 

[scylla]

I have read in the Citizenship application Guide that the days actually count towrds both PR retention and Citizenship and I am certain they count but would appreciate if you help me where it says it does not.

Unfortunately you misunderstood the application guide. Again, these days are only counted towards PR retention. If you believe you found a passage that states this rule applies to both - please provide the link here.

There's really no point continuing with your application unless you have enough days actually spent in Canada to meet the residency requirement. If you only have enough days by counting days outside of Canada as well, then you don't qualify for citizenship and will eventually be refused. If you keep your application going and don't withdraw, you can expect to receive the residency questionnaire and then have to appear in front of a judge since you don't have enough days to qualify. You can expect this will add at least a year to your overall processing time - at which point you'll be refused.

So they key question is: Without counting the days outside of Canada and only counting days spent physically in Canada, did you have enough days to meet the residency requirement when you applied?

 

[nope]

I have read in the Citizenship application Guide that the days actually count towrds both PR retention and Citizenship and I am certain they count but would appreciate if you help me where it says it does not.

Would it be acceptabe to CIC to at least justify why I showed the days as presence in Canada or would it be considered misrepresentation?

I am entriely new in this forum and in the process and need some help.

I don't think that this mistake would be misrepresentation -- since you're a PR, then misrepresentation doesn't apply, CIC can't ban you from the country. Now, what you did might be considered lying, or fraud, or whatever term that applies to giving false information to the government, but in practice, Canadian agencies don't operate like this; I'm certain that in your interview it was quite clear that you thought they were applicable towards citizenship. I doubt very much that it will be pursued. If there is a time for an explanation, write a short letter when you reapply for citizenship, explaining what happened the first time.

However, what you want to make very sure of is that your work abroad falls into the category that CIC will accept for a PR renewal -- or, that you have 730 days inside Canada.

 

[keesio]

I have read in the Citizenship application Guide that the days actually count towrds both PR retention and Citizenship and I am certain they count but would appreciate if you help me where it says it does not.

The rules for citizenship are much more strict than permanent residency. There are a very few jobs that qualify for citizenship when working abroad. They are almost exclusively jobs when working for the government. Some examples are serving abroad in the Canadian military or working for a Canadian embassy abroad. Working for a private Canadian company abroad does not qualify

 

[dabas]

Dear All,

Appreciate your explanation but I am subject to the laws pre Bill - C24 - please refer to residence calculator guide of the old rules. it makes it clear days count. Would you please have a look and let me know if I really misunderstood it.

This is a crucial step for my future and my husband who is still working overseas, I am here still on my own for the application.

 

[scylla]

Dear All,

Appreciate your explanation but I am subject to the laws pre Bill - C24 - please refer to residence calculator guide of the old rules. it makes it clear days count. Would you please have a look and let me know if I really misunderstood it.

This is a crucial step for my future and my husband who is still working overseas, I am here still on my own for the application.

The new rules and old rules are identical with regards to working abroad. Bill C24 introduced no changes.

 

[dabas]

Dear Scyclla / Kessio and all,

Can you please comment on my last post as I am subject to old rules where working for Canadian business should count.

Regards,

 

[scylla]

Dear Scyclla / Kessio and all,

Can you please comment on my last post as I am subject to old rules where working for Canadian business should count.

Regards,

Again - the old rules did NOT allow you to count time spent working for a Canadian business abroad (unless you were working in very specific Canadian government or military roles). You are mistaken in your understanding of the old rules.

 

[tiarachel85]

Dear Scyclla / Kessio and all,

Can you please comment on my last post as I am subject to old rules where working for Canadian business should count.

Regards,

working for Canadian business NEVER counts towards citizenship

 

[links18]

If OP applied under old law, they can make an argument under Koo or whatever and possibly use the employment for a Canadian firm abroad in their favor, if they maintained significant residential links with Canada. Will that work? Probably not, unless the OP is otherwise relatively close in physical presence days. However, we can't categorically say the OP does not qualify for citizenship under the old law. Still, I would say OP would be attempting a huge Hail Mary pass if they tried this route that would probably fail.

 

[dabas]

You have all been very helpful.

Links18 what OP and KOO stand for as I am really new in the forum.
In teh old rules the condition is that the business has to be incorporated onw which it was. Have any one got the old rules for overseas working conditions to count as cIC removed it.

Best regards

 

[links18]

You have all been very helpful.

Links18 what OP and KOO stand for as I am really new in the forum.
In teh old rules the condition is that the business has to be incorporated onw which it was. Have any one got the old rules for overseas working conditions to count as cIC removed it.

Best regards

OP means "Original Poster;" in other words: you. "Koo" is the name for case law precedent under the old law, which defines "residence" for citizenship purposes in somewhat more lenient terms than strict physical presence. Citizenship judges are under no obligation to apply Koo and can use a strict physical presence test, if they choose. You have no idea what standard the particular citizenship judge you draw will use beforehand (unless you know of other cases they may have decided). Given the passage of the new law and a move to a strict physical presence test, it is extremely doubtful you can win a case on Koo today--unless you are otherwise reasonably close in physical presence days (you don't indicate how many days of actual physical presence you had during the period in question). Still, even then a CJ might tell you to jump into Lake Ontario.