GOING INDIA FOR FILM MAKING

[nikcho]

Dear Friends
this is my first post.
I am new comer in Canada on pr. got family PR in april 2010 and wl expire in april 2015.
I am a film maker by profession.
i have completed one yr in Canada but now i wl have to go to india for five months for shooting and completing my film. i have 45 days spare time with me but i need 3 months more to complete my project. pl advise
1.whether i can go india for film making ?
2. i am seriously thinking of setting up my own film company and can i go india on employment from my own company?
3.How to make a company which meets the immigration needs?
4.can i take a prior permission from immigration authorities ?
5.how to seek these answers from immigration people ?
6.or pl suggest me some other way to go india to complete my film otherwise i wl have to loose my PR.

 

[scylla]

The days you spent outside of Canada will NOT count towards your residency obligation. There is nothing you can do to make these days count towards your residency obligation. If you set up your own company, CIC will say that you've done this for the primary purpose of being able to retain your PR status and then CIC will not let you count the days towards your residency obligation.

So you have to decide which is more important to you: your film or your PR status.

 

[nikcho]

thanks dear
can I go on employement basis to india for 3 months.
is there any authentic site to ask these questions

 

[Msafiri]

Already covered below!

http://www.canadavisa.com/canada-immigration-discussion-board/pr-residential-obligation-if-working-abroad-for-a-canadian-company-t154840.0.html

Not sure why this is so difficult for you to comprehend (unless you are a troll!!)...it doesn't matter how many times you ask the question the answer remains the same that absences from Canada do not count unless they are in 'exempted' categories which consider 'absence' days as 'presence' days. It doesn't matter the reason for absence be it vacation, work etc if its not in a designated category it doesn't count period!

The simplest such category is accompanying a Canadian citizen spouse abroad. Another category is employment with a Canadian business which won't work for you as CIC will deem your proposal a fake set up to avoid the residence obligation. Why don't you contact a lawyer for a consultation...you will pay several hundred dollars to get the same free information you got here but hey the lawyer may know some special law that no one else does.

 

[nikcho]

don't get irritated dear
one is desperate , if u understand, and u must as u r starred member !
AUTHENTIC means the CANADIAN IMMIGRATION AUTHORITIES.

 

[scylla]

The "authentic" site is here. This site has no forum where you can ask questions - just information.

http://www.cic.gc.ca/english/index-can.asp

See page 14 of the following document for the "employment outside of Canada" rules:

http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

 

[nikcho]

thanks

 

[nikcho]

pl inform that is it possible that if I don't complete my two yrs in previous 5 yr block and then I cover that time in the next block of 5 yrs. for example if I complete one yr nine months in the block yr 2010-2015 and remaining three months in next block of 2015-2020. after completing these two yrs I can apply for renew of my PR CARD ?
THANKS.

 

[touché]

pl inform that is it possible that if I don't complete my two yrs in previous 5 yr block and then I cover that time in the next block of 5 yrs. for example if I complete one yr nine months in the block yr 2010-2015 and remaining three months in next block of 2015-2020. after completing these two yrs I can apply for renew of my PR CARD ?
THANKS.

This boils down to a simple choice. If you care about your PR status, you should commit to staying in Canada. You need to have stayed two years out of the five years preceding your renewal application date. Note this rule is not static and has to be followed dynamically to keep your PR in good standing (any block of five years). Good luck.

 

[nikcho]

IF SOMEBODY GOES ON CANADIAN JOB OUT OF CANADA, WILL THIS PERIOD BE COUNTED FOR
1. PR RESIDENCY CALCULATION ?
2. FOR CITIZENSHIP PERIOD ?
3. FOR LAY OFF PERIOD ?
4. FOR PENSION PERIOD ?
PL REPLY.

 

[scylla]

1. Yes - as long as they meet the requirements. They would first have to be hired for a job in Canada. Once they have worked at the job in Canada for a period of time, if the employer decides to transfer them to a job outside of Canada, then this time can be counted towards PR. What you have described in your earlier posts will not be counted towards PR.
2. No.
3. Depends how they are paid.
4. Depends how they are paid.

Please don't type in all caps in the future. It is difficult to read and it is considered rude.

 

[zardoz]

pl inform that is it possible that if I don't complete my two yrs in previous 5 yr block and then I cover that time in the next block of 5 yrs. for example if I complete one yr nine months in the block yr 2010-2015 and remaining three months in next block of 2015-2020. after completing these two yrs I can apply for renew of my PR CARD ?
THANKS.

I don't know why you are having such a hard time understanding this. There is NO SUCH THING as a "block" of five years. it's a rolling day counter, that just happens to be five years worth of days.

First, you must understand that the PR card expiry has nothing to do with the Residency Obligations.
If you have spent more than 1095 days outside Canada since the day you "landed" as a PR (or within the last 1825 days if you "landed" more than 1825 days ago), you are at risk of being reported on entry for not meeting the Residency Obligations.

This is very clearly documented in the paperwork that came with your landing documents.

IF you are reported, you will then have to appeal to keep your PR status.
IF you lose the appeal, you will have to leave Canada and you will no longer be a Permanent Resident.

People will tell you that you probably will not be reported. This may be true, but are you prepared to take that risk?

Your questions relating to "working abroad" for a "Canadian company" have been answered many times, and all the evidence suggests that there is no way that you can use this exemption to your advantage.

 

[nikcho]

thanks.
pl inform that if I loose my PR, can I apply again for PR on the basis of my wife is CANADIAN PR ? pl inform also when can I apply ?

 

[zardoz]

thanks.
pl inform that if I loose my PR, can I apply again for PR on the basis of my wife is CANADIAN PR ? pl inform also when can I apply ?

If she is eligible, she could apply to sponsor your application for PR. You can apply at any time after you have your existing PR status revoked. You will not be processed any faster than normal, just because you used to be a PR and you would be unable to work in Canada, just like any other visitor.

 

[nikcho]

thanks dear
pl tell what will be the eligibility for sponsoring? somebody told me i can get this PR within one year , even early, is it true ? will I apply for this from india or in Canada ?can I get visitor visa in the mean time ?