Expired PR but with a Canadian Job overseas

[broko85]

Hello i have read in detail a lot of you questions and responses and wanted to see what are your various thoughts on my situation.

In 2003 i was granted PR and after 6 months left due to family issues back home in the Caribbean. I landed using my Caribbean passport. I left Canada and have been in the UK since mid 2004 and now have a British passport.

a few years ago i got married and now have 2 kids and in Dubai however looking at the future my wife and myself have decided we wanted to give Canada a shot to move back. (She is German, the kids are British).

My mother and brothers are PRs as well as i have lots of cousins and aunts whom are Canadian Citizens.

I know i have lost my PR and if i get back into Canada need to stay there for 2 years before i can formally renew my PR card and sponsor everyone, however as you can imagine living on 1 salary paying rent, private school and insurance can be costly so have been looking at options.

Recently i was made an offer by a Canadian company and we have negotiated for me to work overseas for 2-3 years before returning to Canada. I will be in Canada to start the assignment and start an induction but will leave after a few weeks for my overseas assignment.

Thats the background information. I need to return to Canada asap to sign the contract as well as reopen my bank account, get my accountant to start everything for me to be a Canadian tax resident and start filing tax returns. I have my mum's address as my address and need to get my phone sim card etc.

I wondered if i fly to the US via my UK passport then get a rental car and drive via the Buffalo / Niagara boarder but do not say anything about being a PR just use my UK passport and say i am there to visit family as my original documents and passport was Caribbean.

I have my original landing documents but do not want to risk tipping off the IO at the board.
If in 2020 i now formally apply to renew my PR card will this time working abroad count as time in Canada? I am an accountant by qualification but i will be working in Dubai, UK and Caribbean as a consultant for the distribution company looking at the feasibility of the various markets for distribution.

The Canadian company agrees to pay me a salary and it does into my Canadian bank account.

Once i get my PR renewed i will then sponsor my wife and kids and return formally to start a new life with my new (well old) job.

Can you advice if any of the above appears to be risky on renewing my PR card or entering to get all my admin bits in order to start my new job and hopefully count time outside Canada as inside Canada in this case.

Any guidance and feedback will be greatly appreciated.

Thanks broko85

 

[Bs65]

Others can comment but the main gap I see in this plan is that reading your post it is not clear whether you would ever work for this Canadian company in Canada but start working overseas immediately.

The intention behind the working for a Canadian company overseas and maintaining the residency obligation is that the Canadian company is temporarily assigning an employee overseas with that employee having been employed by the company to work in Canada prior to the assignment. Being paid a salary in Canada is all very well but is not a truthful indicator of working in Canada

Not clear in your post whether you would ever have accumulated any work time in Canada prior to working overseas but just working for a Canadian company overseas as opposed to being assigned overseas would not maintain RO.

Also although nobody knows how much information is shared behind the scenes by government agencies have to assume that when you got your UK passport there was some sort of dual citizen declaration tieing it to your Carribean citizenship.

 

[broko85]

Others can comment but the main gap I see in this plan is that reading your post it is not clear whether you would ever work for this Canadian company in Canada but start working overseas immediately.

The intention behind the working for a Canadian company overseas and maintaining the residency obligation is that the Canadian company is temporarily assigning an employee overseas with that employee having been employed by the company to work in Canada prior to the assignment. Being paid a salary in Canada is all very well but is not a truthful indicator of working in Canada

Not clear in your post whether you would ever have accumulated any work time in Canada prior to working overseas but just working for a Canadian company overseas as opposed to being assigned overseas would not maintain RO.

Also although nobody knows how much information is shared behind the scenes by government agencies have to assume that when you got your UK passport there was some sort of dual citizen declaration tieing it to your Carribean citizenship.

Hello Bs65 thanks so much for your prompt reply, apologies for the gap in info but yes i would only be in Canada for a few weeks before being relocated overseas. If it means i need to start in Canada to fulfill this allowance then i will need to do this especially since i need to have an induction etc. What would you recommend if i need to go into Canada to set up all my affairs to put this plan in motion?

 

[scylla]

Hello Bs65 thanks so much for your prompt reply, apologies for the gap in info but yes i would only be in Canada for a few weeks before being relocated overseas. If it means i need to start in Canada to fulfill this allowance then i will need to do this especially since i need to have an induction etc. What would you recommend if i need to go into Canada to set up all my affairs to put this plan in motion?

Keeping your PR status by working for this company isn't going to work.

You need to be hired into a role in Canada first before you are transferred overseas. Simply spending a few weeks here for your job that's actually located overseas won't work - especially given you're not in compliance with RO. CIC has seen this many times before and won't allow you to count your time outside of Canada towards keeping your PR status. They will say you were hired directly for a job overseas.

To be able to use this job to help keep your PR stats, you would need to first accept an actual job in Canada and work in that for quite some time (I would say at least 6 months if not 8 months or more give your history). Only then would you perhaps be able to relocate to a role outside of Canada and be able to count this time towards RO.

 

[Buletruck]

Agreed with above. The exception is very specific on how time can be counted when working for a Canadian company and being hired for a position outside of Canada isn’t one of them. You would need to have been a full time employee prior to being assigned overseas.