Remote work in Canada – does it count toward Permanent Residency? Onli

Since March 2020, remote work has become ubiquitous and as a result, the definition of Canadian work experience and its requirements have undergone significant changes.

So, if you are working remotely for a Canadian employer will this experience be counted as Canadian work experience? As I have written many times before, having Canadian work experience is a direct path to obtain permanent residency. As soon as you have one year of work experience with a Canadian employer, you may receive an invitation from the federal authorities to apply for permanent residency through the Express Entry system.

Now the question arises: what if the applicant worked remotely from home for a Canadian employer? Will this experience count as Canadian work experience?

The answer is YES if you are applying through the federal Express Entry program and you are physically present in Canada. Any work experience gained remotely while the person was outside of Canada does NOT count. Please note: even if you work for a Canadian employer and travel abroad for a business trip, for example to Mexico, those two weeks of experience will not be counted.

But it’s a different story when we talk about Provinces. Unfortunately, when it comes to provincial nominations, remote work does not count at all. Even if, for example, you work for an employer whose business is registered in your province of residence, you will not be eligible for nomination. A hybrid work format may work in some cases, but it requires a separate, case-by-case analysis.

Now, a bit of information about how tribunals and court hearings in Canada are being conducted: remotely or in person?

All appeals with Immigration Canada are currently conducted online, including sponsorship appeals, permanent residency status revocation hearings, and deportation order hearings.

All refugee hearings are conducted online.
As for civil courts, during the pandemic, they fully transitioned to online (remote) mode.

You can always request that a hearing be held either online or in person. Even if one party requests an in-person hearing, the court will proceed in person.

Whether this is good or bad, here are some arguments in favor of online hearings:

·The cost of a courtroom is very high and is usually borne by the plaintiffs (or the government, if the hearing is funded due to a low-income applicant).

·If a client has to travel from a remote rural area in Canada to attend court and cannot afford the travel expenses.

·When the legal dispute is minor, and the cost of an in-person procedure is not justified (e.g., you are contesting a $200 fine, but the in-person hearing procedure costs the government $700).

Despite the advantages of online hearings, there are categories that are held only in person:

·Criminal law and hearings related to criminal files;

·Hearings where confidentiality is of utmost importance;

·Cases where there is no access to the necessary online technology or equipment.

Everyone has the right to choose what works best for them, but it is always helpful to know your rights and understand what will be more convenient for you in each situation.

Remote work in Canada – does it count toward Permanent Residency? Online courts – a new reality or a temporary measure?