Intra-Company Transfer to the USA

Old Sep 10th 2013, 3:24 am
  #1  
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Default Intra-Company Transfer to the USA

Hello Expats,

I have been wit my company here in Canada for over 2 years and now i am now a permanent resident. The company wants to transfer me to a branch in the US on L1 Visa (intra-company transfer).

I know to apply for Canadian citizenship, i need to have resided in Canada for 1095 days,so here goes my question.

As i do not want anything to disrupt my ability to apply for citizen in 3 years, if i go on Intra-company transfer to another office in the USA for a year, does my residency stop counting until i return back to Canada, or since its the company that transferred me to the USA, am i still able to get credit for those period outside of Canada.

Based on the answer, i may have to turn down the intra-company transfer request.


I would appreciate any and all responses.


Regards,

Optimus
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Old Sep 10th 2013, 3:33 am
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Default Re: Intra-Company Transfer to the USA

Time you have resided in Canada

You must have resided in Canada for at least three years (1,095 days) in the past four years before you apply. This does not apply to children under 18.

You may be able to count time you spent in Canada before you became a permanent resident if it was during the past four years.

Use our online tool to find out if you have lived in Canada long enough to apply to become a citizen.
http://www.cic.gc.ca/english/citizen...ility.asp#time

Short answer time spent in the USA does not count.
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Old Sep 10th 2013, 3:39 am
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Default Re: Intra-Company Transfer to the USA

Originally Posted by Former Lancastrian
Time you have resided in Canada

You must have resided in Canada for at least three years (1,095 days) in the past four years before you apply. This does not apply to children under 18.

You may be able to count time you spent in Canada before you became a permanent resident if it was during the past four years.

Use our online tool to find out if you have lived in Canada long enough to apply to become a citizen.
http://www.cic.gc.ca/english/citizen...ility.asp#time

Short answer time spent in the USA does not count.
There are some exceptions though when you cannot do your job without going out of country. This requires being interviewed by a citizenship judge and is far from easy.
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Old Sep 10th 2013, 4:02 am
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Default Re: Intra-Company Transfer to the USA

Thanks guys for the information.

was just talking to a co-worker that was in a similar situation in the past. He said he was on intra-company transfer to the USA office and was able to maintain his permanent resident status while outside of Canada based on the company sending him to work in that office on a intra-company transfer visa.

He said that option was just to maintain permanent residency the status, but wont count if he wants to apply for Canadian citizenship.


Hmm.

He kind got me confused though. He's still working in the USA office still.
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Old Sep 10th 2013, 4:12 am
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Default Re: Intra-Company Transfer to the USA

Originally Posted by Optimus
Thanks guys for the information.

was just talking to a co-worker that was in a similar situation in the past. He said he was on intra-company transfer to the USA office and was able to maintain his permanent resident status while outside of Canada based on the company sending him to work in that office on a intra-company transfer visa.

He said that option was just to maintain permanent residency the status, but wont count if he wants to apply for Canadian citizenship.


Hmm.

He kind got me confused though. He's still working in the USA office still.
Thats the difference though you can still maintain PR status if working for a Canadian company outside Canada as per this

is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
• is outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf
Employment outside Canada
The Regulations enable permanent residents to comply with the residency obligation while working abroad, provided that:
• they are under contract to, or are full-time employees of, a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada; and
• they are assigned on a full-time basis, as a term of their employment or contract, to a position outside Canada with that business, an affiliated enterprise or a client.

Citizenship is different. There are a couple of exceptions and those are judged on a case by case basis by a Citizenship judge.
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Old Sep 10th 2013, 4:39 am
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Default Re: Intra-Company Transfer to the USA

Originally Posted by Former Lancastrian
Thats the difference though you can still maintain PR status if working for a Canadian company outside Canada as per this

is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
• is outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf
Employment outside Canada
The Regulations enable permanent residents to comply with the residency obligation while working abroad, provided that:
• they are under contract to, or are full-time employees of, a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada; and
• they are assigned on a full-time basis, as a term of their employment or contract, to a position outside Canada with that business, an affiliated enterprise or a client.

Citizenship is different. There are a couple of exceptions and those are judged on a case by case basis by a Citizenship judge.



Ok now clear.


Thanks all.
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