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Residency requirements, Government in Canada, Bringing child born overseas...
Residency obligations - working abroad
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EGZ Posts: 2
Posted On: 5/30/2018
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Hello, I got my PR landed status in 2001. I have been working since for a major international development financial institution based in Manila, Philippines. The organization is considered "corporate body" under a Canadian law. Canada is one of the major shareholders of this organization. Can my employment with this organization allow me to maintain my PR status? thanks!
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Moderator Moderator Posts: 4075
Posted On: 6/11/2018
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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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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