am I still a Permanent Resident???

[sciencedicas]

I became Canadian Permanent Resident on Feb 2011, of Course I landed in Canada in Feb 2011.
on October of 2011 I got a job offer from a company in Boston MASS, who sponsor me H1B, so I went to US from October 2011 until June 2012.
on June 2012 was time to be back to Canada and the employer said they still want me to work for them even that I'm in Canada.
so I stayed physically in Canada from June 2012 until the present day, working for a US company under the H1B, I filled my taxes in US. so its just like I were in the US but I'm actually in Canada.

Based on my calculus, I was planning on becoming a Citizen on June 2014 ( after three years in Canada), but after speaking with a colleague, he said I have no way to prove I've been in Canada because I have not filled my taxes in Canada, and he also said I can loose my PR Card.

my question is, is the PR requirement of being in Canada, means I also have to work here ? what if someone don't get a job ? will that person be kicked out of the country ?
can I be Canadian Citizen in June once I make 3 years in Canada soil ?

 

[links18]

The answers to some of these questions can be readily obtained with a little searching:

There is no requirement to be employed to maintain your PR status. In fact, you could be homeless and living on the street and still be a PR in good standing. It doesn't sound like your time in the US has caused you to lose your PR status. You must be physically present in Canada 2 our of every 5 years in order to maintain PR status. Even if you don't meet this requirement, you are still a PR until CIC takes it away from you after a hearing.

The current requirement to become a Canadian citizen is 3 years physically present in Canada out of the four years immediately preceding your application. That is until the current bill pending in Parliament is passed, then it will be 4 our of 6 years, with at least six months in each of those 4 years.

If you have residential ties to Canada, you are supposed to file and pay Canadian taxes--regardless of whether or not you work for a US company. You may have a bigger problem with CRA than CIC!

As far as proving you were in Canada, well, there are other ways to do that: do can get your provincial health billing records, provide bank statements, etc. But it sounds like you are going to want to rectify your situation with CRA.

 

[lenovo]

You need to file taxes because you had residency in Canada. You are only exempt from filing taxes if you dont have residence in Canada.

I suggest you approach a tax company like H&R Block and have them help file your taxes retroactively for the years you missed.

That will prove your residency in Canada.

 

[Kw8Un0NK]

so I stayed physically in Canada from June 2012 until the present day, working for a US company under the H1B, I filled my taxes in US. so its just like I were in the US but I'm actually in Canada.

I am not completely sure but I think you were Canadian tax resident and were supposed to file taxes in Canada after you moved back. I would check with CRA or some accountant in order to avoid bigger problems.

 

[rayman_m]

I became Canadian Permanent Resident on Feb 2011, of Course I landed in Canada in Feb 2011.
on October of 2011 I got a job offer from a company in Boston MASS, who sponsor me H1B, so I went to US from October 2011 until June 2012.
on June 2012 was time to be back to Canada and the employer said they still want me to work for them even that I'm in Canada.
so I stayed physically in Canada from June 2012 until the present day, working for a US company under the H1B, I filled my taxes in US. so its just like I were in the US but I'm actually in Canada.

Based on my calculus, I was planning on becoming a Citizen on June 2014 ( after three years in Canada), but after speaking with a colleague, he said I have no way to prove I've been in Canada because I have not filled my taxes in Canada, and he also said I can loose my PR Card.

my question is, is the PR requirement of being in Canada, means I also have to work here ? what if someone don't get a job ? will that person be kicked out of the country ?
can I be Canadian Citizen in June once I make 3 years in Canada soil ?

Your situation is common like many PR. It looks you were physically absent 8 months since you became PR in Canada. Your PR status is safe as you already lived physically 2 year 4 months out of 5 yrs.

But, I understand your eye is on citizenship and you can apply in Oct, 2014 after recovering your 8 month absent from Canada (accumulate of total 1095 days) subject to new citizenship law does not come in effect by then.

As for CRA/Tax issue, a Citizen or a PR who resides 6 month in Canada in a calender year, must file income tax return no matter the person has taxable income from Canadian or from Overseas source ("Foreign Income"). As other post suggested, you can go to any professional tax service and file your 2011 & 2012 return together with 2013 and pay tax (if yearly income is above $20,000) on your US/Canada income. You will need Income Tax Assessment handy when you file Citizenship or may require by CIC even renewing of your PR. Hope this helps..

 

[Leon]

Like others have said, you should have been filing taxes in Canada and immigration may ask to see some tax returns so you should take care of that. This will however not prove that you were living in Canada. You could have been living in the US and still filing taxes in Canada.

If immigration wants proof that you were living in Canada, you would have to put something together like bank records, phone records, health care records etc.

 

[sciencedicas]

thank you everyone.