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| Subject: To the experts |
I am a canadian PR and my wife is a citizen. She´s got a fantastic job offer from the states.
I know that I I were to accompany my wife to states i wouldn´t lose my PR status. However, will my days spent abroad count towards residency in Canada?
[25-10-2008,18:05]
[**.141.43.81]
Anonymous |
(in reply to: To the experts)
By "count towards residency in Canada", you mean towards your Canadian citizenship? If so, no they wont, unless she is working for Canadian Federal or Provincial government overseas.
See section 1.1 at:
http://www.canlii.org/ca/sta/c-29/sec5.html
If you mean towards your eligibility to renew your PR, yes those days will count, as you will be deemed to have fulfilled your residency requirements.
Ray
[25-10-2008,18:34]
[**.129.63.117]
Ray Masa |
(in reply to: To the experts)
"otherwise than as a locally engaged person"
So Ray are you implying if the person, his wife, is working full time for a Canadian company they still do not apply?
Roy
www.cvimmigration.com
[26-10-2008,20:24]
[**.55.218.138]
Roy |
(in reply to: To the experts)
Roy,
Not sure I understand what you mean. My understanding (and it is very fuzzy, with regards to this) is that if a PR is out of the country, those days wont be counted towards citizenship requirement, unless the PR’s spouse is posted overseas as an employee of either a federal or provincial government.
But if the PR and/or spouse is working overseas for a non-federal/provincial government (i.e. another Canadian company or organization), those days may not be counted for citizenship unless a citizenship judge approves.
Is my understanding correct?
Ray
[27-10-2008,17:13]
[**.129.63.117]
Ray Masa |
(in reply to: To the experts)
Ray the way I see it is that if employed by a Canadian company they are deemed residing in Canada. The problem is some people find Sushi and Curry Goat to be great food. OTHERS???????
To me and I´ll argue it to the highest hill if employed by a Canadian company your deemed residing in Canada.
So when the Citizenship Act which is different then the IRPA or IRPR defines something it is left open for interpretation with the IRPA & IRPR.
Roy
www.cvimmigration.com
[27-10-2008,19:25]
[**.55.217.240]
Roy |
(in reply to: To the experts)
Fair enough, but is that a reality? I mean, can one apply (and be granted) citizenship based on that?
From reading the legality on the link above, I would suspect that if there is such a specific case pointed out that chances are that positions in other Canadian organizations may not apply.
If what you say is true, I think that is a good idea. That would provide these organizations ability to hire qualified people in offices outside of Canada. Of course, like all things, that may also lead to abuse by those who will establish a company and post themselves outside Canada with that company.
Ray
[27-10-2008,20:11]
[**.129.63.117]
Ray Masa |
(in reply to: To the experts)
The company has to pay taxes and be designed to attempt to make a profit.
http://laws.justice.gc.ca/en/showdoc/cr/SOR-2002-227/bo-ga:l_5-gb:l_2//en#anchorbo-ga:l_5-gb:l_2
Regulation 61 Refers to a business "that is capable of generating revenue and is carried on in anticipation of profit," and some other crucial points as well.
Roy
www.cvimmigration.com
[28-10-2008,05:37]
[**.52.217.164]
Roy |
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