Applying PR under CEC with no Canadian paystubs - Been on ICT for 1year+

[Davros]

Applying PR under CEC with no Canadian paystubs - Been on ICT for 1year+

Strange situation I wanted to see if anyone else has experience with.

I've been here for 1+ on an Intra Company Transfer visa to the 100% owned Canadian subsidiary of my UK employer. Role is fully NOC compliant, I have all sorts of reference letters confirming duties, articles of incorporation etc but for the whole time I've been here I haven't had a Canadian soc security number, Canadian bank account etc.

This appears to be perfectly allowable under the terms of the ICT vis according to the CIC Foreign Workers Manual...p61
"There is no requirement that the foreign national be paid from the Canadian entity, however, this is usually the case"

The Canadian Experience Class manual used by CIC staff also makes no specific mention of Canadian pay stubs or tax status, just number of hours worked in a valid NOC role with a valid work permit. I can backup the number of hours worked with letters from employer and UK paystubs, contract of employment mentioning hours and salary etc. They are however mentioned in the document checklist.

Looking on the revenue Canadian Revenue Agency website, given that I'm temporarily here, have no bank account, property, dependent it appears I may not be resident of Canada for income tax purposes.

Note: I'm fully tax compliant in UK, UK has a double taxation treaty with Canada so I can't be taxed on same income twice.

Has anyone been in a similar situation? The only thing I can think if is getting a determination of tax residency status from CRA?

 

[jsm0085]

Applying PR under CEC with no Canadian paystubs - Been on ICT for 1year+

Strange situation I wanted to see if anyone else has experience with.

I've been here for 1+ on an Intra Company Transfer visa to the 100% owned Canadian subsidiary of my UK employer. Role is fully NOC compliant, I have all sorts of reference letters confirming duties, articles of incorporation etc but for the whole time I've been here I haven't had a Canadian soc security number, Canadian bank account etc.

This appears to be perfectly allowable under the terms of the ICT vis according to the CIC Foreign Workers Manual...p61
"There is no requirement that the foreign national be paid from the Canadian entity, however, this is usually the case"

The Canadian Experience Class manual used by CIC staff also makes no specific mention of Canadian pay stubs or tax status, just number of hours worked in a valid NOC role with a valid work permit. I can backup the number of hours worked with letters from employer and UK paystubs, contract of employment mentioning hours and salary etc. They are however mentioned in the document checklist.

Looking on the revenue Canadian Revenue Agency website, given that I'm temporarily here, have no bank account, property, dependent it appears I may not be resident of Canada for income tax purposes.

Note: I'm fully tax compliant in UK, UK has a double taxation treaty with Canada so I can't be taxed on same income twice.

Has anyone been in a similar situation? The only thing I can think if is getting a determination of tax residency status from CRA?

Me! I'm from the UK also on an ICT. While you may be getting paid from the UK office, you are residing in Canada and thus required to submit a tax return. The NOA is what you would require to proceed ! Canada has a tax treaty with the UK so you likely wont need to pay tax here, as the UK tax rates are higher. However, the NOA is what you will require to further your CEC application, I believe.

 

[Davros]

Bugger, suspect this will mean I will mean I'll have to get a SIN in order to submit a tax return which confirms I don't have to pay any tax? :

Was hoping to get an opinion from CRA saying I'm non resident for tax purposes (despite..er..being very much physically resident).
Still at least it's just administrative hassle rather than actually having to pay more tax to someone. Small mercies.

 

[jsm0085]

Bugger, suspect this will mean I will mean I'll have to get a SIN in order to submit a tax return which confirms I don't have to pay any tax? :

Was hoping to get an opinion from CRA saying I'm non resident for tax purposes (despite..er..being very much physically resident).
Still at least it's just administrative hassle rather than actually having to pay more tax to someone. Small mercies.

Yes it's all a bit of a bind. I used TurboTax online! It pretty much takes you through the full thing. You should be fine. Just make sure the reference letter emphasizes that you have been in ft employment for the Canadian division!

SIN is easy to get... You could send your application with pay slips etc but since you haven't been paying Canadian tax I think the NOA will be compulsory. Good luck!