Canadian PR working in united state

[soh3il]

Hello there,
I am seeking guidance on my situation.

I came to Canada in 2008 as an international student and currently being on work permit, I am soon expecting to get my permanent residency under federal skilled worker in Canada.

However, a company that I was working with in Toronto, has been bought by a U.S company. as a result all of the employees has been relocated to New York. I have been here in united states since january 1st through O1 Visa.

I am worried that when I receive my Canadian permanent residency, the days that I am living & working in united states will not counted towards my citizenship in Canada.

I am aware the only way to have these days counted is to be employed by a subsidiary or a branch of a Canadian company that has revenue & paying taxes.

Although the parent company who bought our company has no Canadian entity, but I would like to know if there would be any way that I can have my days counted. am I able to argue that our company has been bought? (I guess not)

Am I able to establish a payroll relationship with one my old employer in Canada and pay dual taxes and have the days counted while I'm working for another company in state?

any help & guidance would appreciate.

 

[zardoz]

Hello there,
I am seeking guidance on my situation.

I came to Canada in 2008 as an international student and currently being on work permit, I am soon expecting to get my permanent residency under federal skilled worker in Canada.

However, a company that I was working with in Toronto, has been bought by a U.S company. as a result all of the employees has been relocated to New York. I have been here in united states since january 1st through O1 Visa.

I am worried that when I receive my Canadian permanent residency, the days that I am living & working in united states will not counted towards my citizenship in Canada.

I am aware the only way to have these days counted is to be employed by a subsidiary or a branch of a Canadian company that has revenue & paying taxes.

Although the parent company who bought our company has no Canadian entity, but I would like to know if there would be any way that I can have my days counted. am I able to argue that our company has been bought? (I guess not)

Am I able to establish a payroll relationship with one my old employer in Canada and pay dual taxes and have the days counted while I'm working for another company in state?

any help & guidance would appreciate.

There is no way that these days will be counted towards citizenship. Sorry. It doesn't work that way. It will not even work for PR residency obligation requirements, if you stay there after becoming a PR.

 

[soh3il]

Thanks for your reply.

I am aware that I can have these days counted if only I am working for a Canadian company in u.s who is also operating in Canada and pays Canadian taxes.

Also if I receive my PR, am I not be able to stay here for a year or two and then get back to Canada to fulfil my obligation for residency?

 

[zardoz]

Thanks for your reply.

I am aware that I can have these days counted if only I am working for a Canadian company in u.s who is also operating in Canada and pays Canadian taxes.

Also if I receive my PR, am I not be able to stay here for a year or two and then get back to Canada to fulfil my obligation for residency?

Yes, you can be out for up to 1094 days after you "land" as a PR. The Citizenship residency requirement are much stricter, and the Canadian company exemption doesn't exist.

 

[scylla]

What zardoz said. The exemption you're talking about only counts towards the PR residency requirement (2 out of 5 years) - and it's uncertain if your situation would qualify under the exemption.

For citizenship, only days spent physically in Canada count towards this residency requirement (3 years out of 4 years). The "employed by a Canadian company outside of Canada" exemption doesn't exist for citizenship.

 

[soh3il]

Thanks a lot on your response. However, this is what I find on CIC website, imagine I am permanent residence and working in united state right now:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=727&t=4

To maintain your status as a permanent resident, there are few requirements you must fulfill. One requirement is the residency obligation. You must live in Canada for at least two years within a five-year period. During this time you must be here physically.
The two years may not need to be continuous.

Time spent outside Canada may also count towards the two years if you are:
an employee of (or under contract to) a Canadian business.

which I assume is my case. is it just for maintaining the status or in future would be able to consider it for citizenship?

Sorry I'm confused.

 

[scylla]

which I assume is my case. is it just for maintaining the status or in future would be able to consider it for citizenship?

This is just for maintaining status (PR). The same rules do not apply for citizenship. For citizenship you need physical presence in Canada and you need 1095 residency days (3 years) out of 4 years to qualify to apply.

http://www.cic.gc.ca/english/citizenship/become-eligibility.asp#time

 

[soh3il]

Thanks for clarifying the confusion, so just to conclude:

I may only be in united states for 1 year or maximum 2 years. then I can get back and fulfil the 3 years obligation. in this case, I don't necessarily need to try to maintain my status cause eventually I will be back soon in time within 4 years to meet 3 years requirement:

Am I right?

P.S: I only need to fulfil 2 years since I have been in Canada for the past 4 years. up to 1 year will be counted before PR status.

 

[scylla]

You're still confused.

There is no 3 year in 5 year requirement.

To keep your PR status you must live in Canada for 2 years out of every 5 years. The time you lived in Canada before becoming a PR is NOT counted towards this total.

To qualify to apply for citizenship, you need 3 years of residency in Canada out of the last 4 years (not 5 years). The time you lived in Canada before becoming a PR can be counted - however this time is only counted as 1/2 a day for each day spent in Canada. Also, 2 out of the three years must be accumulated after you have become a PR.

If you just want to keep you PR status, then all you need to do is live in Canada for 2 years during the five year period from the time you became a PR.

If you want to qualify to apply for citizenship AND you have lived in Canada for 2 years straight before becoming a PR (without leaving for even one day) - then you would need to remain in Canada for another 2 straight years (without leaving for even one day) to give you 3 years of residency out of 4 years. If you do not remain in Canada - then you will have to wait longer before you can apply for citizenship.

 

[JJ-C]

You're still confused.

There is no 3 year in 5 year requirement.

To keep your PR status you must live in Canada for 2 years out of every 5 years. The time you lived in Canada before becoming a PR is NOT counted towards this total.

To qualify to apply for citizenship, you need 3 years of residency in Canada out of the last 4 years (not 5 years). The time you lived in Canada before becoming a PR can be counted - however this time is only counted as 1/2 a day for each day spent in Canada. Also, 2 out of the three years must be accumulated after you have become a PR.

If you just want to keep you PR status, then all you need to do is live in Canada for 2 years during the five year period from the time you became a PR.

If you want to qualify to apply for citizenship AND you have lived in Canada for 2 years straight before becoming a PR (without leaving for even one day) - then you would need to remain in Canada for another 2 straight years (without leaving for even one day) to give you 3 years of residency out of 4 years. If you do not remain in Canada - then you will have to wait longer before you can apply for citizenship.

Good explanations. I have a question though. If I have lived in Canada for say 3 years and shortly after becoming a PR, I travelled out of Canada, does it mean that the continuity in the dates i.e 1 years (pre PR) and 2 years (post PR) is severed? Thanks

 

[zardoz]

Good explanations. I have a question though. If I have lived in Canada for say 3 years and shortly after becoming a PR, I travelled out of Canada, does it mean that the continuity in the dates i.e 1 years (pre PR) and 2 years (post PR) is severed? Thanks

Yes, because you "run out of time". Here are the maths...

2 Years pre-PR in Canada = 1 year towards citizenship.
2 Years post-PR in Canada = 2 years towards citizenship.

Totals: 4 elapsed years = 3 years "in Canada" residency towards the required 3 years for citizenship. Bingo!!
As ONLY 4 years elapsed time is taken into account, if you break even 1 day of this cycle, you cannot accumulate the required number of days after just 2 years of being a PR. Uh-Uhhh

 

[JJ-C]

Yes, because you "run out of time". Here are the maths...

2 Years pre-PR in Canada = 1 year towards citizenship.
2 Years post-PR in Canada = 2 years towards citizenship.

Totals: 4 elapsed years = 3 years "in Canada" residency towards the required 3 years for citizenship. Bingo!!
As ONLY 4 years elapsed time is taken into account, if you break even 1 day of this cycle, you cannot accumulate the required number of days after just 2 years of being a PR. Uh-Uhhh

I am inclined to view it differently. What I think will happen is that the amount of days that will be counted in the pre PR period will be reduced (less than a year) and the difference will be made up from the post PR period. So for instance if after becoming a PR i spend 10 days outside of Canada, in order to complete the required number of days (i.e 1095 days) within 4 years continuous period, I will need the following:

a. post PR (2 years + 30 days) which is equal to 750 days assuming 10 days were spent outside Canada; and
b. pre PR (2 years - 30 days) which is equal to 350 days.

If the days spent in Canada are added up, one should still have 1100 days.

I might be wrong ... but this approach has been my thought. Thanks for the exposition

 

[zardoz]

Yes, that is correct. You make up new post-PR days faster than you lose the equivalent value in pre-PR days. However, you are now extending into the third year of PR-ness. It's fun, isn't it...