Residency Obligation Question

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madhav50@gmail.com - 19 Jul 2008 23:41 GMT

Hi,

I landed on Aug 10, 2005 as a skilled worker and stayed for a week and
then left Canada. I returned to Canada on July 10, 2008. That means, I
have stayed outside of Canada for 1065 days or 2 years and 11 months.

My new job from a Canadian Company requires me to travel up to 30% of
the time overseas.

Do that time i will be spending outside of Canada (for e.g. 20 days in
a year) will count against my residency obligation?

Thanks,
Mav

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PMM - 20 Jul 2008 17:46 GMT

> Hi,
>
[quoted text clipped - 10 lines]
> Thanks,
> Mav

If it is a Canadian company that hired you in Canada, and sends you
overseas, then the days will count towards residency.

PMM

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S P Arif Sahari Wibowo - 20 Jul 2008 18:41 GMT

> My new job from a Canadian Company requires me to travel up to
> 30% of the time overseas.

The law (IRPA) said that the time "outside Canada employed on a
full-time basis by a Canadian business or in the federal public
administration or the public service of a province" will be
counted toward fulfilling residency obligation (same as being in
Canada).

So, IMHO you should make sure you have documentation that show
that your employer is in-fact Canadian business. Make sure that
for every trip outside Canada, there is a proof that the trip is
for business purposes. Make sure your trip match those business
purposes (don't extend your trip over your holiday or vacation).
Carefully collect all proof on when you left and reenter Canada
(boarding passes, passport with stamps, retail receipt, etc.).
And make sure that you have legal status when you in other
country doing your work.

Some more info here:
http://www.cic.gc.ca/english/information/applications/guides/5529E2.asp

In case you wonder, this "exception" does not apply for
citizenship application obligation, since it is from entirely
different law.

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(stephan paul) Arif Sahari Wibowo
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Disclaimer: IANAL, IANALP, IANAMD, IANAMP, IANAAP
my statements - if any - should be treated as such.

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Immigration Forum / Canada / July 2008

Residency Obligation Question