Working abroad for a Canadian business

[longestboat]

I'm a PR living in the U.K. I returned from bc 6 months ago. I've been offered a job in the U.K. With
Bombardier. Will this count toward my RO days? The head office is in Montreal. Wouldthisve classedas
A affiliate business? I would take the job if it counts towards my RO.

Best regards

 

[Buletruck]

Were you offered the job in Canada or the UK? Will you be returning to Canada to work for them after the contract?

 

[longestboat]

Hello

I was offered the job whilst in the U.K. There will be oppportunities
To transfer back to Canada in approx 18 months.

Regards

 

[Buletruck]

I doubt they would accept your time work for them for your RO, particularly since you were hired in the UK and there is no fixed term or guarantee of employment in Canada at the end.

 

[longestboat]

How do I find out for sure? There is no mention of the "offer in Canada"
Clause in anything I have read.. so far. Not saying there isn't

 

[Buletruck]

http://www.canadavisa.com/canada-immigration-discussion-board/urgent-advise-needed-prtd-complications-t458385.0.html;msg5529184#msg5529184

http://www.canadavisa.com/canada-immigration-discussion-board/prtd-work-aborad-4-a-canadian-com-term-assigned-challenged-t459388.0.html;msg5546223#msg5546223

You might want to read this one. The Procedural Fairness letter mentions the contract was signed outside of Canada and that work was not initially started in Canada. Also have a look at this to assist in determining if you meet the criteria....Some very good insight in this topic.


http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

This is only my feelings on this, but you need to be hired in Canada initially, the position must be for a fixed term and you must be returning to Canada to work for the same company. I believe that if you were hired in the UK because you are a resident of the UK, it doesn't apply, regardless of your being a PR of Canada.

I'd look at some legal advice to confirm your status.

 

[longestboat]

Thank you for your help. I have previously read this document
And couldn't find any reference to the contract being signed whilst in Canada.
I will seek some legal advise as you suggest. I had read the other
Post as well.. I guess that's a pretty good indication of a cic response to my (possible)
Future situation. Thanks again for your time.

 

[Rob_TO]

Thank you for your help. I have previously read this document
And couldn't find any reference to the contract being signed whilst in Canada.
I will seek some legal advise as you suggest. I had read the other
Post as well.. I guess that's a pretty good indication of a cic response to my (possible)
Future situation. Thanks again for your time.

The key lines from CIC documentation are these:
-they are assigned on a full-time basis as a term of their employment or contract, to a
position outside Canada with that business,
-they will continue working for the employer, in Canada, after the assignment

If you are directly applying to a job located in another country, you are not being "assigned" to that job. Being "assigned" implies that you have some other job already, and your employer is making a special request that was not part of your original contract. So it is beyond your control to stay in Canada.

And "continue working for the employer in Canada" means that you already have future employment back in Canada with the company 100% established and guaranteed at the time you're working in another country. Just having potential "opportunities" to work in Canada with the company later, would not meet this criteria.

Despite how the vague regulations word it, many people have appealed this rule after having PR status revoked and the court cases show in majority of cases the courts see the rules as people are mentioning, that it requires you to be employed in Canada first. Despite what any lawyers/consultants may tell you otherwise, you should know the risk to your PR status you would be taking to pursue this job if it lasts more than 3 years (or however long it takes to violate your RO).

 

[JimSharp]

Thank you for your help. I have previously read this document
And couldn't find any reference to the contract being signed whilst in Canada.
I will seek some legal advise as you suggest. I had read the other
Post as well.. I guess that's a pretty good indication of a cic response to my (possible)
Future situation. Thanks again for your time.

IMO this is the kind of thing worth a legal opinion before locking yourself into a job that might actually harm your status.

Drop a few hundred bucks now, save yourself expensive headaches later. The immigration system is very convoluted sometimes and changes every year it seems.

 

[vensak]

To make it simple.
You need to be Expat with Canadian contract. (weather that contract was physically signed in Canada or not is not relevant). That means that your employer has to be Canadian company and not a sister/ daughter/ subsidiary in some other country.
After that you can get assignment to that subsidiary, but again the main contract must stay mainly intact (weather you need some additional paperwork in other country that is not of concern of Canada).

If however they are offering UK contract, then you do not officially work for Canadian company even if your boss will be sitting in Canada and you will be reporting to him. It is still counted as international experience.

 

[berengena]

Hi guys,

I have the following similar case and I was wondering if any of you could give me an insight:

initially I came to Canada (B.C) in July 2011 as a post-graduate student in July 2011. In in June 2013 I graduated from my Master`s degree and received a 3 year work permit. Since 2016 I`m a Permanent Resident living in Montreal.

Since January 2014 I work full-time for a Canadian company, based in Montreal, and travelling extensively around the world.

I just got offered and accepted a job in the UK, with the same Canadian Company...this will be working remotely from London for the same Canadian company and coming to Montreal at least 2 or 3 times a year.

My question is, is there anything I can do to maintain my PR status and that my days abroad count towards the right of acquiring the Canadian nationality?

 

[scylla]

Hi guys,

I have the following similar case and I was wondering if any of you could give me an insight:

initially I came to Canada (B.C) in July 2011 as a post-graduate student in July 2011. In in June 2013 I graduated from my Master`s degree and received a 3 year work permit. Since 2016 I`m a Permanent Resident living in Montreal.

Since January 2014 I work full-time for a Canadian company, based in Montreal, and travelling extensively around the world.

I just got offered and accepted a job in the UK, with the same Canadian Company...this will be working remotely from London for the same Canadian company and coming to Montreal at least 2 or 3 times a year.

My question is, is there anything I can do to maintain my PR status and that my days abroad count towards the right of acquiring the Canadian nationality?

Based on the information you have provided, it sounds like you should be able to count the time you spend working outside of Canada towards your PR residency requirement (provided you remain with that same company).

There's nothing you can do to have these days count towards citizenship. Only days physically spent in Canada will count towards citizenship.

 

[dpenabill]

Hi guys,

I have the following similar case and I was wondering if any of you could give me an insight:

initially I came to Canada (B.C) in July 2011 as a post-graduate student in July 2011. In in June 2013 I graduated from my Master`s degree and received a 3 year work permit. Since 2016 I`m a Permanent Resident living in Montreal.

Since January 2014 I work full-time for a Canadian company, based in Montreal, and travelling extensively around the world.

I just got offered and accepted a job in the UK, with the same Canadian Company...this will be working remotely from London for the same Canadian company and coming to Montreal at least 2 or 3 times a year.

My question is, is there anything I can do to maintain my PR status and that my days abroad count towards the right of acquiring the Canadian nationality?

Based on the information you have provided, it sounds like you should be able to count the time you spend working outside of Canada towards your PR residency requirement (provided you remain with that same company).

Short observation: get the advice of a good, independent, reputable Canadian immigration lawyer.


Longer observations:

I am not sure about scylla's conclusion that you should get credit.

The details matter. Whether the employment abroad is a temporary assignment or not matters. Credit for time employed abroad by a Canadian business is NOT intended to allow PR's to retain their PR status while employed abroad indefinitely, and in particular not while employed in a permanent position abroad.

Which is to say, the nature of the actual offer and acceptance, and the nature of the actual job itself, will have a big influence on whether this will earn credit toward meeting the PR Residency Obligation.

There are some positive aspects indicated in the information you report, which improve the odds of getting the credit. In particular, regular connections to and activity in Canada should help; the more frequent and longer the stays in Canada, the better.

But the bottom line is that this credit (unlike the accompanying a citizen spouse credit) is clearly not intended to facilitate living abroad indefinitely, certainly not intended for working abroad permanently, but is primarily about protecting PRs who are given temporary assignments abroad.

Thus, my suggestion would be to make an investment in a consultation with a Canadian immigration lawyer, a good one, and one who has no association at all with the company. Definitely not a consultant. A lawyer. And be prepared to go into the fine details of what is involved, how you got the offer, what the terms of employment are, and so on.

I am not saying scylla is wrong. I am, however, saying how this will be decided when your PR card expires and you apply for a PR Travel Document (at which point it will be presumed you do not have valid PR status) is not at all certain. In this regard, if this employment is long-term, remember that under current policy you will not be eligible to apply for and obtain a new PR card until you are residing in Canada again.

Reminder: the purpose of a grant of PR status is so the PR can come to Canada and settle in Canada, live in Canada, permanently. There is no intent requirement to keep PR status; nonetheless, PRs who flirt with a life contrary to this purpose do so at their peril (notwithstanding widespread sentiment, in this and similar forums, to the contrary, mostly derived from self-interested rationalization).

 

[vensak]

Hi guys,

I have the following similar case and I was wondering if any of you could give me an insight:

initially I came to Canada (B.C) in July 2011 as a post-graduate student in July 2011. In in June 2013 I graduated from my Master`s degree and received a 3 year work permit. Since 2016 I`m a Permanent Resident living in Montreal.

Since January 2014 I work full-time for a Canadian company, based in Montreal, and travelling extensively around the world.

I just got offered and accepted a job in the UK, with the same Canadian Company...this will be working remotely from London for the same Canadian company and coming to Montreal at least 2 or 3 times a year.

My question is, is there anything I can do to maintain my PR status and that my days abroad count towards the right of acquiring the Canadian nationality?

This is not clear from your statement:
1. Will you keep Canadian contract and you will be assigned as expat to the sister company?
2. Or will you get UK contract and you will be reporting to the headquarter.
3. And also will the assignment be temporary or permanent?

Especially if this assignment is long term to permanent or if you get UK contract instead, it can cost you your PR card.

 

[Bs65]

This is not clear from your statement:
1. Will you keep Canadian contract and you will be assigned as expat to the sister company?
2. Or will you get UK contract and you will be reporting to the headquarter.
3. And also will the assignment be temporary or permanent?

Especially if this assignment is long term to permanent or if you get UK contract instead, it can cost you your PR card.

This OP posted in another thread they will be paid in GBP not dollars which to me anyway implies a contract with the UK subsidiary making it look perm and not temporary. If were the latter I would have expected OP to be paid salary in Canada and an allowance in GBP but thats only based own experience working for a multinational other companies do their own thing where it makes economic sense but maybe not so clear when maintaining RO.