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Residency requirements, Government in Canada, Bringing child born overseas...
Is Vacation counted towards PR Canada presence ?
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amitkumar Posts: 3
Posted On: 8/16/2019
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I, my wife and my daughter are Canadian Permanent Residents and live in Canada.
The organization I work for has headquarters in another country and offices in Canada.
I work from the office in Canada.
If I and my family go on vacation outside Canada for three weeks while remaining employed at Canada office, will that time abroad count toward my family’s permanent resident status presence in Canada?
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PMM Posts: 661
Posted On: 8/17/2019
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Hi
amitkumar wrote:
I, my wife and my daughter are Canadian Permanent Residents and live in Canada.
The organization I work for has headquarters in another country and offices in Canada.
I work from the office in Canada.
If I and my family go on vacation outside Canada for three weeks while remaining employed at Canada office, will that time abroad count toward my family’s permanent resident status presence in Canada?
1. No, it doesn't
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amitkumar Posts: 3
Posted On: 8/20/2019
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http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf
This manual mentions that the days outside Canada are counted if I am employed by Canadian business. However, I am not able to understand the manual completely.
@Moderator - Could you please share any guidance ?
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PMM Posts: 661
Posted On: 8/21/2019
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Hi
amitkumar wrote:
http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf
This manual mentions that the days outside Canada are counted if I am employed by Canadian business. However, I am not able to understand the manual completely.
@Moderator - Could you please share any guidance ?
1. What that section means is that if you are employed by a Canadian based company, and are temporarily transferred to a division of that company overseas.
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amitkumar Posts: 3
Posted On: 8/22/2019
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Thank you for your reply.
I agree that Section "7.4 Employment outside Canada" on page 20 relates to the scenario when I am employed by Canadian business and temporarily transferred to overseas location.
However, my query is on Section "7.6 Accompanying a permanent resident outside Canada" on page 26, where no such condition of transfer to overseas location is mentioned.
7.6 Accompanying a permanent resident outside Canada
In accordance with R61(5), and in connection with A28(2)(a)(iv), a permanent resident complies with the residency obligation so long as the permanent resident they are accompanying is their spouse or common-law partner or parent and that spouse or common-law partner or parent is in compliance with their residency obligation.
Put another way, an accompanying permanent resident may only count days of physical presence in Canada – while accompanying another permanent resident – if the permanent resident they are accompanying meets the prescribed conditions as specified in A28(2)(a)(iv); and that permanent resident is in compliance with their own residency obligation.
If I and my family go on vacation outside Canada for three weeks while I remain employed by the Canada business, will that time abroad count toward my and my family’s permanent resident status presence in Canada?
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