Confused about holding on to PR card

[HappyEnding]

Let me first commend everyone that has been of help to this forum. You are much appreciated.

I just landed in Canada. I spent 3 weeks with the family and planned to go back home to round up with my employer. However, when I returned home, my employer offered me a position that was too good to be turned down and I have accepted it. The implication is that I can no longer meet up with the residency obligations.

My questions :
1. Can I give up the PR Card and apply for a visa instead?
2. If I do not give up my PR Card, do I have an obligation to pay taxes in Canada even though I have a PR card but I do not meet up with the residency criteria of 183 days in a year?

Thank you in advance for helping another confused individual

 

[ANigerian]

Let me first commend everyone that has been of help to this forum. You are much appreciated.

I just landed in Canada. I spent 3 weeks with the family and planned to go back home to round up with my employer. However, when I returned home, my employer offered me a position that was too good to be turned down and I have accepted it. The implication is that I can no longer meet up with the residency obligations.

My questions :
1. Can I give up the PR Card and apply for a visa instead?
2. If I do not give up my PR Card, do I have an obligation to pay taxes in Canada even though I have a PR card but I do not meet up with the residency criteria of 183 days in a year?

Thank you in advance for helping another confused individual

Congrats on all front.
You do not have to rush to make up your mind on this matter. Infact, there is no reason why you can't run things as they are for the next 3 years, and then make up your mind on meeting the residency rules over the next two years (5 year rule).
Best regards.

 

[HappyEnding]

Thanks ANigerian..... The current rule is that PR card holders now have to stay in Canada for 3 years out of five to qualify for the renewal of the PR status. So I actually have about 2 years to think about it.

However, I am also concerned about the need to pay taxes for those years on income that is neither "coming from within Canada" nor "from a Canadian employer"

If paying taxes would qualify me as a resident when it's time to renew my Permanent residence, then I would not mind at all. Otherwise, it would be better if I know where I stand and make informed decision early.

 

[zardoz]

Thanks ANigerian..... The current rule is that PR card holders now have to stay in Canada for 3 years out of five to qualify for the renewal of the PR status. So I actually have about 2 years to think about it.

However, I am also concerned about the need to pay taxes for those years on income that is neither "coming from within Canada" nor "from a Canadian employer"

If paying taxes would qualify me as a resident when it's time to renew my Permanent residence, then I would not mind at all. Otherwise, it would be better if I know where I stand and make informed decision early.

It's 2 years out of 5 years, not 3 years. Taxes have no impact on the residency obligation requirements.

 

[alimsn]

Thanks ANigerian..... The current rule is that PR card holders now have to stay in Canada for 3 years out of five to qualify for the renewal of the PR status. So I actually have about 2 years to think about it.

However, I am also concerned about the need to pay taxes for those years on income that is neither "coming from within Canada" nor "from a Canadian employer"

If paying taxes would qualify me as a resident when it's time to renew my Permanent residence, then I would not mind at all. Otherwise, it would be better if I know where I stand and make informed decision early.

I think your obligation to pay tax will be minimal. The most important factor how much residential ties you have, which I don't think so that you will establish during the short visit that you will make. There are significant and secondary ties that will determine you residential status. If you are considered non-resident then you don't have to worry too much.

Out of the list below, the only thing that you might do (even you can escape doing it) is opening bank account.

The following is extracted from Canada Revenue Agency:


Significant residential ties to Canada include:

a home in Canada;
a spouse or common-law partner in Canada; and
dependants in Canada;

Secondary residential ties that may be relevant include:

personal property in Canada, such as a car or furniture;
social ties in Canada, such as memberships in Canadian recreational or religious organizations;
economic ties in Canada, such as Canadian bank accounts or credit cards;
a Canadian driver's licence;
a Canadian passport; and
health insurance with a Canadian province or territory.

http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html

 

[canadavisa13]

Hi,

its 2 years out of 5 years to maintain your permanent resident status not 3 so you have plenty of time to make up your mind,who knows what could happen within a year or two so i will advice you not to give up your pr status as of now and keep working for the employer and think slowly and surely no rush.

 

[HappyEnding]

Hi,

its 2 years out of 5 years to maintain your permanent resident status not 3 so you have plenty of time to make up your mind,who knows what could happen within a year or two so i will advice you not to give up your pr status as of now and keep working for the employer and think slowly and surely no rush.

Thanks. I thought they changed it to 3 years and requirement for citizenship to 4years.

 

[HappyEnding]

I think your obligation to pay tax will be minimal. The most important factor how much residential ties you have, which I don't think so that you will establish during the short visit that you will make. There are significant and secondary ties that will determine you residential status. If you are considered non-resident then you don't have to worry too much.

Out of the list below, the only thing that you might do (even you can escape doing it) is opening bank account.

The following is extracted from Canada Revenue Agency:


Significant residential ties to Canada include:

a home in Canada;
a spouse or common-law partner in Canada; and
dependants in Canada;

Secondary residential ties that may be relevant include:

personal property in Canada, such as a car or furniture;
social ties in Canada, such as memberships in Canadian recreational or religious organizations;
economic ties in Canada, such as Canadian bank accounts or credit cards;
a Canadian driver's licence;
a Canadian passport; and
health insurance with a Canadian province or territory.

Thank you for your well informed response. I think I can be deemed to have lots of residential ties to Canada.
I landed (with wife and kids) and started off thinking I was coming back to live in Canada. So I have my family in Canada now and we have applied for everything we needed to apply for.
We are still renting but of course we bought the furniture
We bought a car before I left because I thought we're all staying
My license was also pretty fast because I converted a US driver's license.
Applied for health card the following day after we landed