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Retaining PR while outside Canada 

EGZ
EGZ
Posts: 2


Posted On: 5/29/2018
EGZ
EGZ
Posts: 2
Hi,

I am working for a major international financial organisation, of which Canada is a major but not the only shareholder, and which is considered as “body corporate” under Canadian law.

I achieved landed PR status in 2001, but have working for this Organizations since then in Manila, Philippines, as it is the HQ of this organisation.

Can I still be eligible to retain/reconfirm my PR status?

Thank you.
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Moderator
Moderator
Moderator
Posts: 2632


Posted On: 6/11/2018
Moderator
Moderator
Moderator
Posts: 2632
Hello,

Thank you for sharing your situation and question with us.

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

Unfortunately, we are unable to provide a definitive response regarding whether or not your employment can maintain your permanent residency.

However, 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).


and

6.5 Employment outside of Canada

The regulations enable permanent residents to comply with the residency obligations while working abroad, provided that:

- they are under contract to, or are full-time employees of a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada;
- they are assigned on a full-time basis as a term of their employment or contract, to a position outside Canada with that business, an affiliated enterprise or a client;
- they maintain a connection to a Canadian business;
- the are assigned on a temporary basis to the work assignment; and
- they will continue working for the employer, in Canada, after the assignment.


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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