Work in USA PR in Canada

[anuraagmishra]

I know this has been discussed before and I still don't have a H1B but trying to understand my options.

I have already sent my passport for PR visa stamping and have another attempt for H1b in the US. The job I have in the US is something I really enjoy and would love to keep it as long as long as possible. I am in a travelling role so need not have a base station in the US. If I decide to move to Canada but take up projects for US based clients would that constitute any kind of violation for the 3 year min residency?

I read if one travels outside Canada for work then the time spent outside is still considered counting towards residency requirements. Is that correct?

Any special considerations I need to know for this above setup to accomplish?

Thanks for your advise in advance.

AM

 

[TempResident]

I know this has been discussed before and I still don't have a H1B but trying to understand my options.

I have already sent my passport for PR visa stamping and have another attempt for H1b in the US. The job I have in the US is something I really enjoy and would love to keep it as long as long as possible. I am in a travelling role so need not have a base station in the US. If I decide to move to Canada but take up projects for US based clients would that constitute any kind of violation for the 3 year min residency?

I read if one travels outside Canada for work then the time spent outside is still considered counting towards residency requirements. Is that correct?

Any special considerations I need to know for this above setup to accomplish?

Thanks for your advise in advance.

AM

The company must a Canadian resident, meaning doing business in Canada, for your work travel to be considered still towards meetings permanent resident requirements. You must also prove the work done outside Canada was for the benefits of the company and/or Canadians. Otherwise doesn't count.

 

[anuraagmishra]

The company is US based but they have offices all over the world. If lets say I move to Toronto, get a house and travel Monday to Thursday as any consultant in the US would that be OK?

 

[TempResident]

A house is considered a secondary attachment to Canada so is a bank account, driver license etc. A primary attachment is considered to be a full-time job and immediate family members living in the same household with you IN Canada (spouse, dependent children). IRCC WILL look at this kind of tests on a PASSED/FAILED basis if your residency requirement is questionable. More importantly, if your full-time employment is at a Canadian company, meaning your payroll must be under Canadian jurisdiction, regardless whether the company is global or not. If this is the case, they would then ask for all kind of proofs that the frequent travels to the U.S. is in fact for work-related activities for a Canadian resident company benefiting Canadians. You will also be required to prove that the frequent travels are not an attempt to take on permanent residency in the U.S. Nevertheless, IRCC has the authority to come up with unimaginable questions/scenarios that could jeopardize your Canadian citizenship eligibility or even your PR status. So I believe your case is very specific and you should be cautious about taking PR in Canada if you're not really ready to settle-in in this country. As a matter of fact, IRCC has gotten a lot stricter in enforcing residency requirements on PRs in the last few years as lots of people have somewhat similar intentions as you.

 

[anuraagmishra]

@TempResident This is a fantastic post. Thanks a lot for the clarity and details.