Do I meet the Residence obligations if I quit the job out of canada?

[backmtl2018]

I immigrated to Canada in 2003 and lived in Montreal after I landed. I started to work for a local company since 2006. In 2008, I renewed my PR card once . In 2009, the company assigned me a new position for regional sales manager in China and I moved back to China where I am originated.In 2014, I successfully renewed my PR card as full time employee working outside of canada. At the end of 2015, I resigned from that position in China and started work as self-employed in China . My PR card will expire august, 2019, but I am planning to renew it in Nov 2018(9 month before expiration). In my case, if I count from nov, 2013 to nov , 2015, I still have enough dates working for a Canadian company overseas? Will these dates counts? I will appreciate if some one can clarify this

 

[scylla]

I immigrated to Canada in 2003 and lived in Montreal after I landed. I started to work for a local company since 2006. In 2008, I renewed my PR card once . In 2009, the company assigned me a new position for regional sales manager in China and I moved back to China where I am originated.In 2014, I successfully renewed my PR card as full time employee working outside of canada. At the end of 2015, I resigned from that position in China and started work as self-employed in China . My PR card will expire august, 2019, but I am planning to renew it in Nov 2018(9 month before expiration). In my case, if I count from nov, 2013 to nov , 2015, I still have enough dates working for a Canadian company overseas? Will these dates counts? I will appreciate if some one can clarify this

The answer is unfortunately no. One of the requirements for counting time spent working for an employer outside of Canada is that you will continue working for that employer in Canada after the outside-of-Canada assignment. You clearly won't meet this requirement if you are no longer working for that employer. See the link below and the bold / underlined text quoted:

https://www.canada.ca/en/immigratio...renewal-change-sex-designation.html#appendixA

You may count each day you worked outside Canada if:

• you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province or territory and
• as a term of your job or contract, you are assigned on a full-time basis to:
  • a position outside Canada
  • an affiliated enterprise outside Canada or
  • a client of the Canadian business or the public service outside Canada; and
• you will continue working for the employer in Canada after the assignment.

 

[backmtl2018]

The answer is unfortunately no. One of the requirements for counting time spent working for an employer outside of Canada is that you will continue working for that employer in Canada after the outside-of-Canada assignment. You clearly won't meet this requirement if you are no longer working for that employer. See the link below and the bold / underlined text quoted:

https://www.canada.ca/en/immigratio...renewal-change-sex-designation.html#appendixA

You may count each day you worked outside Canada if:

• you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province or territory and
• as a term of your job or contract, you are assigned on a full-time basis to:
  • a position outside Canada
  • an affiliated enterprise outside Canada or
  • a client of the Canadian business or the public service outside Canada; and
• you will continue working for the employer in Canada after the assignment.

Thank you so much Scylla, I have other conditions : my contract is two year period contract , I finished my two year assignment(2013 July -2015 July) , and continue d to work for the same employ until end of 2015, at least dates for 2013 assignment works for me?

 

[scylla]

Thank you so much Scylla, I have other conditions : my contract is two year period contract , I finished my two year assignment(2013 July -2015 July) , and continue d to work for the same employ until end of 2015, at least dates for 2013 assignment works for me?

Again, no. One of the conditions for counting this time is that you will continue to work for that same employer in Canada after your overseas assignment. Again, you don't this requirement since you no longer work for this employer.

 

[backmtl2018]

Again, no. One of the conditions for counting this time is that you will continue to work for that same employer in Canada after your overseas assignment. Again, you don't this requirement since you no longer work for this employer.

ok, I got it. In this situation , since my PR expired in Aug 2019, should I stay in Canada until I fulfill the RO requirement or can I try to apply this Nov to see if I still have chances. Since my daughter was born in Montreal so she has canadien citizenship and we are planning to send her back to study in private schhool in Montreal next summer.My wife and I don’t want to lose the PR status. What is the best solution can you suggest? I really appreciate your professional suggestions

 

[scylla]

ok, I got it. In this situation , since my PR expired in Aug 2019, should I stay in Canada until I fulfill the RO requirement or can I try to apply this Nov to see if I still have chances. Since my daughter was born in Montreal so she has canadien citizenship and we are planning to send her back to study in private schhool in Montreal next summer.My wife and I don’t want to lose the PR status. What is the best solution can you suggest? I really appreciate your professional suggestions

Best solution is to move back to Canada as soon as you can and then remain in Canada until your have enough residency days in Canada to renew your pr status.

This is not professional advice. None of us here are professionals. If you want professional advice you’ll need to hire a lawyer.

 

[backmtl2018]

Best solution is to move back to Canada as soon as you can and then remain in Canada until your have enough residency days in Canada to renew your pr status.

This is not professional advice. None of us here are professionals. If you want professional advice you’ll need to hire a lawyer.

thanks again, I will follow your guide.

 

[backmtl2018]

thanks again, I will follow your guide.

hi ,again.
I am now back to canada,preparing for the application for PR renewal at the end of Nov,2018, counting on the dates I working for the Canadian company(Which is listed top 500 growing company in Canada this year,with my contribution for more than millions revenue from the office I set up for them in China). However,after reconsidering the suggestions you gave, would it be better off giving up my application this year, wait until I physically stayed in Canada for another two year? I really think this is stupid policy to add the criteria to require PR who has really worked for a Canadian business, to continue working for the same employer, to have their dates counted on for RO, what if I worked for them for 5 years overseas and the contract ended the last day before I apply for the PRC renewal, this is totally unreasonable. Not to say I am still selling their products in China . I have met in the economic counselor in their China embassy, the minister of quebec during his trip in China, is it still nor strong evidence for my tie to Canadian business? If not, I really think this is a stupid policy.
anyway, just need to know, is it better idea to postpone my application after I fulfill the physical stay RO?
Thanks!

 

[vensak]

hi ,again.
I am now back to canada,preparing for the application for PR renewal at the end of Nov,2018, counting on the dates I working for the Canadian company(Which is listed top 500 growing company in Canada this year,with my contribution for more than millions revenue from the office I set up for them in China). However,after reconsidering the suggestions you gave, would it be better off giving up my application this year, wait until I physically stayed in Canada for another two year? I really think this is stupid policy to add the criteria to require PR who has really worked for a Canadian business, to continue working for the same employer, to have their dates counted on for RO, what if I worked for them for 5 years overseas and the contract ended the last day before I apply for the PRC renewal, this is totally unreasonable. Not to say I am still selling their products in China . I have met in the economic counselor in their China embassy, the minister of quebec during his trip in China, is it still nor strong evidence for my tie to Canadian business? If not, I really think this is a stupid policy.
anyway, just need to know, is it better idea to postpone my application after I fulfill the physical stay RO?
Thanks!

Sorry but it is not stupid policy at all.
The idea behind being counting days working abroad for a Canadian company is for:
1. People that has to do lot of short business trips
2. For people that are establishing new business opportunities for the company abroad or that are acting in a case of emergency
However none of these cases is meant for a long term stay (normally you are able to find suitable employees on the local market within 1 year or 2 years max for the top management positions.)

However way too many people tried to use conveniently this loophole in order to keep the gate to Canada opened and at the same time being where they want. (and that is especially the case for those that cannot have dual citizenship but they do not want to loose their original citizenship).

The idea behind PR is to get people that want to contribute and stay in Canada.
And before you tell something about paying taxes. It is nothing difficult to adjust the contract for lower basic salary but higher employee benefits that are given in the other country (apartment rental, monthly allowances or others).
So at the end of the day there will be only very small taxes contribution and 0 usage of any Canadian goods or services. But of course later on such person would ask for retirement support or health care benefits.

 

[Buletruck]

Since you ended your employment before returning to Canada, those days overseas will no longer count towards RO. You will need to wait until you have 730 days in Canada before you renew. Having met dignitaries carries no releven e to meeting the obligation. Should have done your homework in advance.

 

[backmtl2018]

Sorry but it is not stupid policy at all.
The idea behind being counting days working abroad for a Canadian company is for:
1. People that has to do lot of short business trips
2. For people that are establishing new business opportunities for the company abroad or that are acting in a case of emergency
However none of these cases is meant for a long term stay (normally you are able to find suitable employees on the local market within 1 year or 2 years max for the top management positions.)

However way too many people tried to use conveniently this loophole in order to keep the gate to Canada opened and at the same time being where they want. (and that is especially the case for those that cannot have dual citizenship but they do not want to loose their original citizenship).

The idea behind PR is to get people that want to contribute and stay in Canada.
And before you tell something about paying taxes. It is nothing difficult to adjust the contract for lower basic salary but higher employee benefits that are given in the other country (apartment rental, monthly allowances or others).
So at the end of the day there will be only very small taxes contribution and 0 usage of any Canadian goods or services. But of course later on such person would ask for retirement support or health care benefits.

If in terms of contribution, my salary is less than 100k a year , so I did not paid much tax each year, but I helped the company gained more than 5 millions for the last five years, this is not enough contribution to Canadian economy? I don’t agree with that, one more thing I need to mention, last time when I renewed my PR in 2014, I have been in China all the past five years, and never returned to work for them in Canada( some annual meeting each year only), they still issue me the PRTD and new PRC after it expired. I don’t think all CIC officers are all such bureaucratic. I still plan to apply right away. If they refused, I will make appeal , if after I addressed all the facts they still reject, I will be happy to give it up.

 

[vensak]

If in terms of contribution, my salary is less than 100k a year , so I did not paid much tax each year, but I helped the company gained more than 5 millions for the last five years, this is not enough contribution to Canadian economy? I don’t agree with that, one more thing I need to mention, last time when I renewed my PR in 2014, I have been in China all the past five years, and never returned to work for them in Canada( some annual meeting each year only), they still issue me the PRTD and new PRC after it expired. I don’t think all CIC officers are all such bureaucratic. I still plan to apply right away. If they refused, I will make appeal , if after I addressed all the facts they still reject, I will be happy to give it up.

Sorry, how much the company you were working for earned has nothing to do with you. If not you any other Joe or Jill would do the job.

With you staying abroad you did not do plenty things:
1. You did not rent in Canada, so yearly 10-25k of your money were not spent in Canada for these purposes. From that money your landlord could have paid taxes and also do some renovation on the property
2. You did not consume any services there (like, contract for your mobile phone / cable TV / Internet; public transport tickets; parking fees; visiting any movies; hockey or football matches). Here it would good 2k-4k per year (depends how much you commute if you wanted to study or anything else). Again from that money service providers could have paid their taxes or hire more people if the service was wanted.
3. You did not buy any goods (be it buying some items in grocery; new electric appliance or cloth or dining in a restaurant or buying gas for your car). Here it can be anywhere between 5k - 15k per year.
4. And of course you did not consider any bigger purchase (like a new car or something more expensive). Within those 5 years one can estimate this one for about 5k per year.

But at the same time you took money from your employer which ended up being their costs in taxes paperwork, but you returned almost none of them back to Economy.

And you are very naive to thing that they will not be that bureaucratic. Yes they will be. You can see the evidence all around you. All you need is to read some stories on this forum.
And yes it is your responsibility that you meet RO and not theirs.

 

[Bryanna]

If in terms of contribution, my salary is less than 100k a year , so I did not paid much tax each year, but I helped the company gained more than 5 millions for the last five years, this is not enough contribution to Canadian economy?

It would be rather presumptuous to take the entire credit for 'indirectly contributing CAD 5 million to the Canadian economy'. These sales orders of CAD 5 million cannot be attributed solely to you or your efforts. What would make a customer to choose your company is actually a combination of several factors both pre and post sales. In a company, it's called teamwork with equal (if not greater) contribution from each employee, including the non-Canadian employees in this case

 

[backmtl2018]

Sorry, how much the company you were working for earned has nothing to do with you. If not you any other Joe or Jill would do the job.

With you staying abroad you did not do plenty things:
1. You did not rent in Canada, so yearly 10-25k of your money were not spent in Canada for these purposes. From that money your landlord could have paid taxes and also do some renovation on the property
2. You did not consume any services there (like, contract for your mobile phone / cable TV / Internet; public transport tickets; parking fees; visiting any movies; hockey or football matches). Here it would good 2k-4k per year (depends how much you commute if you wanted to study or anything else). Again from that money service providers could have paid their taxes or hire more people if the service was wanted.
3. You did not buy any goods (be it buying some items in grocery; new electric appliance or cloth or dining in a restaurant or buying gas for your car). Here it can be anywhere between 5k - 15k per year.
4. And of course you did not consider any bigger purchase (like a new car or something more expensive). Within those 5 years one can estimate this one for about 5k per year.

But at the same time you took money from your employer which ended up being their costs in taxes paperwork, but you returned almost none of them back to Economy.

And you are very naive to thing that they will not be that bureaucratic. Yes they will be. You can see the evidence all around you. All you need is to read some stories on this forum.
And yes it is your responsibility that you meet RO and not theirs.

Even though, how can you explained that they issued me the PRC in 2014?

 

[backmtl2018]

It would be rather presumptuous to take the entire credit for 'indirectly contributing CAD 5 million to the Canadian economy'. These sales orders of CAD 5 million cannot be attributed solely to you or your efforts. What would make a customer to choose your company is actually a combination of several factors both pre and post sales. In a company, it's called teamwork with equal (if not greater) contribution from each employee, including the non-Canadian employees in this case

Do you want to say that I have nothing to do that 5 million sales? I never thought it all my personal contribution, but I hope they are not blind to admit my contribution to this country’s economy and ignore the dates I worked for them.