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PR resident working outside of Canada 

Johnjohn
Johnjohn
Posts: 1


Posted On: 9/3/2016
Johnjohn
Johnjohn
Posts: 1
Hi

I became a PR in 2013 and since 2014 I started my own Canadian registered company and have been routinely traveling outside of Canada ( twice spending more than 5 months abroad on work related project development).

What I would like to know is whether or not this time spent outside of Canada affect my days requirements to become a citizen or am I able to count theses days as part of my requirements since I'm working for a Canadian registered company ( mine) but the bulk of my activities happen to take place outside of Canada ?

Also my wife is a Canadian citizen and she sometimes travel with me, like the last time I spent 5 months abroad for work, she came along with me.

Does that even matter?

Would appreciate your advises or knowledge on the subject.

Thanks
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Moderator
Moderator
Moderator
Posts: 4145


Posted On: 9/6/2016
Moderator
Moderator
Moderator
Posts: 4145
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

You can find some detailed information in the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 Loss of permanent resident status enforcement manual. Here is an excerpt,

6.2 Canadian business

The definition applies to both large and small businesses, and includes:

  • federally or provincially incorporated businesses which have an ongoing operation in Canada;
  • other enterprises that have an ongoing operation in Canada, are capable of generating revenue, are carried out in anticipation of profit and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents or Canadian businesses;
  • enterprises which have been created by the laws of Canada or a province.

Note: It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy his or her residency obligation while residing outside of Canada R61(2).


Businesses that apply in these situations do not satisfy the requirements for physical presence for Citizenship purposes.

According to the Immigration, Refugees and Citizenship Canada (IRCC) website,

Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.

You can count time spent outside Canada toward the physical presence requirement for citizenship if you:
  • Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or
  • Resided outside Canada with your:
    • Canadian spouse or common-law partner, or
    • permanent resident spouse, common-law partner, or parent
    who was employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory.
Employment as a locally engaged person is not included.
Only time after becoming a permanent resident counts towards the physical presence requirement.
Residence with a common-law partner can be calculated from the time the common-law relationship began.

Use the online physical presence calculator. Complete and submit the CIT 0177 Residence Outside Canada form when you apply. Citizenship and Immigration Canada will decide whether the time you lived outside Canada is eligible to be counted.


I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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