Podcast
Questions and Answers
Under what circumstance can employment outside Canada contribute towards fulfilling a Permanent Resident's residency obligation?
Under what circumstance can employment outside Canada contribute towards fulfilling a Permanent Resident's residency obligation?
What qualifies an entity as a 'Canadian business' for the purpose of meeting residency obligations?
What qualifies an entity as a 'Canadian business' for the purpose of meeting residency obligations?
Which document is NOT typically required to prove employment with a Canadian business while working abroad?
Which document is NOT typically required to prove employment with a Canadian business while working abroad?
A Permanent Resident is accompanying their Canadian citizen spouse who is working abroad. How does this impact the PR's residency obligation?
A Permanent Resident is accompanying their Canadian citizen spouse who is working abroad. How does this impact the PR's residency obligation?
Signup and view all the answers
A Permanent Resident is accompanying another Permanent Resident abroad. Under what conditions does the accompanying PR maintain their status?
A Permanent Resident is accompanying another Permanent Resident abroad. Under what conditions does the accompanying PR maintain their status?
Signup and view all the answers
Who qualifies as a dependent child for the purpose of accompanying a PR fulfilling their residency obligation abroad?
Who qualifies as a dependent child for the purpose of accompanying a PR fulfilling their residency obligation abroad?
Signup and view all the answers
What is a key requirement for a Permanent Resident to receive credit for time spent abroad with a Canadian citizen spouse?
What is a key requirement for a Permanent Resident to receive credit for time spent abroad with a Canadian citizen spouse?
Signup and view all the answers
What is the purpose of the exclusion listed under R61(2)?
What is the purpose of the exclusion listed under R61(2)?
Signup and view all the answers
Flashcards
Residency Obligation Employment
Residency Obligation Employment
PR employed full-time by a Canadian business counts toward residency obligations.
Definition of Canadian Business
Definition of Canadian Business
Incorporated entities in Canada or profit-making, majority-owned by Canadians or PRs.
Exclusion of Residency Business
Exclusion of Residency Business
A business primarily to help a PR meet residency is not considered a Canadian business.
Supporting Documents for Employment
Supporting Documents for Employment
Signup and view all the flashcards
Credit for Accompanying Canadian Citizens
Credit for Accompanying Canadian Citizens
Signup and view all the flashcards
Credit for Accompanying Another PR
Credit for Accompanying Another PR
Signup and view all the flashcards
Dependents Residency Credit
Dependents Residency Credit
Signup and view all the flashcards
Practical Application of Employment Rules
Practical Application of Employment Rules
Signup and view all the flashcards
Study Notes
Non-Physical Presence Methods for Meeting Residency Obligations
- Employment with Canadian Businesses: A Permanent Resident (PR) can fulfill residency obligations through full-time employment with a Canadian business or the Canadian public service.
- Criteria: This includes being employed full-time by a Canadian business or the Canadian public service or a provincial public service. An accompanying PR also meets the requirement if the accompanying PR meets the same criteria.
- Definition of "Canadian Business": A Canadian business is defined as a federally or provincially incorporated corporation operating in Canada, or a non-corporate enterprise (e.g., proprietorship, partnership) with Canadian or PR majority ownership. Public organizations like Crown corporations, universities, or hospitals also qualify. Crucially, businesses primarily established to help PRs meet residency requirements are excluded.
- Supporting Documents: To prove employment with a Canadian business, PRs need a letter from their employer confirming full-time employment abroad, the Canadian legal incorporation, and the relationship between Canadian and foreign offices. Additional documents like articles of incorporation, business licenses, tax assessments, financial statements, employment contracts, T4 slips, and pay statements are also acceptable documentation to support employment.
Accompanying a Canadian Citizen
- Accompanying Spouse, Partner, or Parent: A PR accompanying a Canadian citizen spouse, common-law partner, or parent outside Canada is granted credit towards their residency requirements as if they were physically present in Canada.
- Evidence Requirement: Proof of cohabitation is sufficient evidence. Intent to reside in Canada is not required.
Accompanying Another PR
- Accompanying PR: A PR accompanying another PR abroad can maintain their status if the accompanying PR is meeting their residency obligation through valid employment.
- Qualifying Family Members: Spouses, common-law partners, and dependent children under 22 years of age qualify to be considered accompanying PRs.
- Important Note: Verification is essential; officers can request detailed documentation to validate the claims made.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz covers the non-physical presence methods for meeting residency obligations for Canadian Permanent Residents. It includes criteria for employment, definitions of Canadian businesses, and the necessary supporting documents. Test your understanding of the requirements and definitions involved in maintaining residency status in Canada.
