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Author:Maintaining your permanent resident status in Canada requires meeting specific residency obligations. According to IRPA 28(2)(a)(iii), working outside Canada for a Canadian company can count towards fulfilling these requirements. This is a valuable option for permanent residents who travel or live abroad due to their job.
Understanding how this exemption works can help you make informed decisions. Various factors impact whether the time spent working abroad will count towards your residency obligation. Knowing the type of work that falls under this exemption and the requirements the company has to meet is essential.
Stay informed to ensure you meet all the necessary criteria to maintain your permanent resident status while working abroad for a Canadian company.
What Kind of Work Falls Under This Exemption?
To meet the PR residency obligation while working abroad, your job must fall under certain categories defined by Canadian immigration laws. The work must be full-time and paid by a Canadian business. Freelance work usually does not qualify unless you have an employment agreement directly with a Canadian company.
Full-time employment generally means working at least 30 hours per week. Being stationed abroad by your employer also must be a core aspect of the work itself – if you could do the job from Canada, it does not meet the requirements to meet the PR residency obligation by working abroad. It’s also crucial that the job aligns with the company’s core activities and not just a temporary or casual assignment. For instance, long-term projects or managerial roles often meet the criteria.
The Canadian business employing you must actively operate abroad. Your work should be significant to the company’s operations, such as overseeing international branches, business development, or leading substantial projects. Understanding these specifics helps ensure that your time working outside Canada counts towards your PR residency obligations.
Company Requirements for Meeting the PR Residency Obligation
In addition to your job duties and responsibilities meeting the requirements, the company itself also needs to meet certain requirements. Not all companies qualify for the residency exemption under IRPA 28(2)(a)(iii). The company must be a Canadian business, which includes corporations, associations, or partnerships that are incorporated under Canadian laws. The company’s main operations must be controlled from within Canada.
The company should actively conduct business outside Canada. This means it should have an established presence or operations in the country where you’re working. It must provide proof of ongoing operations, like contracts, business licenses, or substantial financial transactions.
Additionally, the nature of your work must align with the company’s business activities. For example, a tech company sending an employee abroad to open a new branch or a consulting firm managing international client projects would qualify. Employers may need to provide documentation to prove their Canadian status and the necessity of your role abroad.
Make sure the company meets these requirements before assuming that your overseas work will count towards your residency days. Keeping accurate records of your employment and the company’s operations can ensure a smoother process when it comes time to renew your PR card.
If the company does not meet the requirements outlined by IRCC, your PR card renewal or PRTD application will be refused with serious negative consequences. Further, the company must be willing to provide you with documentation that it meets these requirements – it is not enough to say that this is the case; the onus is on the applicant to explain how the company meets the legal requirements, and prove this with documentary evidence.
Remote Work and Government Work: Do They Count?
Understanding whether remote work and government work count towards your PR residency obligation is crucial. Remote work is a gray area in terms of meeting the residency requirement under IRPA 28(2)(a)(iii). Generally, remote work does not qualify unless you are directly employed by a Canadian company and the work you do is essential to its core functions. However, if your role is administrative or easily replaceable, it may not meet the criteria set by Canadian immigration authorities.
Remote work does not count toward the residency requirement if you actively choose to work remotely. For example, if you could work inside Canada, but the company allows you to work from Mexico, this time you have spent working for a Canadian employer while in Mexico does not count.
Government work, on the other hand, is more straightforward. If you are employed by the Canadian government and stationed abroad, your time spent working outside Canada counts towards your residency obligation. This applies to federal, provincial, and territorial government employees. Keeping proper documentation, such as employment contracts and deployment orders, can help substantiate your claim when you renew your PR card.
It’s essential to clearly understand the nature of your employment and gather all necessary documentation to support your residency claim. Make sure that your remote work or government position aligns with the Canadian guidelines to avoid any complications.
Regardless of the type of work that you do, and the type of employer you have (private or government), the responsibility is always on the applicant to prove that they meet this requirement and fall under the exemption.
Any company established for the purpose of the applicant maintaining their PR also does not count toward the residency requirement.
Does the Type of Work Matter?
The type of work you do can significantly impact whether it meets the PR residency exemption criteria. The work should be full-time and directly tied to the company’s essential operations. Specialized roles such as project managers, engineers, or top-level executives usually qualify. These positions are often vital to the company’s international operations and strategic goals.
However, roles that are considered temporary, casual, or part-time do not usually meet the requirement. Jobs that can be performed independently of the company’s main activities or tasks that can be easily outsourced are also less likely to qualify. Therefore, it is essential to ensure that your role is substantial and necessary for the company’s operations abroad. Jobs that could also be done from Canada or elsewhere, or which do not require you to be abroad as a core aspect of the work, do not count.
Keep detailed records of your job description, responsibilities, and any relevant contracts. These documents will serve as proof that your work aligns with the criteria set by Canadian immigration authorities. Understanding these requirements can help you effectively meet your PR residency obligations while working abroad.
Conclusion
Meeting the PR residency obligation by working abroad for a Canadian company under IRPA 28(2)(a)(iii) involves understanding specific requirements. Your work must be full-time, directly related to the company’s core operations, and for a Canadian employer with an active presence abroad. Knowing these details can help you make informed decisions about your employment and residency status.
Remote work does not always qualify unless it meets specific criteria, while government work usually counts. The type of work you do plays a crucial role in meeting the residency exemption, so it’s essential to ensure your role is vital to the company’s international operations. Keep detailed records and documentation to support your application when renewing your PR card.
If you have questions or need assistance navigating these rules, contact Doherty Fultz Immigration. Our team of Canada immigration consultants in Toronto, Ontario, is here to help. Reach out to us for personalized guidance and support.