I WON A BUSINESS IN CANADA, I WORK ABROAD

[Arino]

I landed in Canada in 2014 as PR. In my first year I spent just about 100 days. In 2015, I have spent about 200 days.

My four children all schooled/school in Canada and will qualify for citizenship in 2016, based on the fact we all became PR in 2014. (They had one year of their previous stay in Canada approved for them). My wife is also her as PR and has managed to stay put. She is likely to make the 730 days in 2016 and will work towards citizenship.

The problem is with me. I am an international trade consultant and still the breadwinner for the family. To pay our mortgage, the children's school fees, car insurance and other obligations, I have to go abroad to work. So all my income is from consultancies abroad. I registered a Company in Canada as soon as we landed as I did not want to live on welfare support. It is also a Consultancy firm.
I would like to know if my days spent abroad can count towards my RO. On the alternative, what are my options as I am not sure that I can spend much time in Canada next year, going by the Consultancy assignments I have secured abroad.
Thanks.

 

[Leon]

Your children will not qualify for citizenship in 2016 because according to the new rules, they need 4 years in Canada and time before becoming PR does not count so they will not be able to apply until 2018 as long as they are at that time 18 or older. Minor children can not apply for citizenship by themselves.

Your wife should make sure she stays in Canada enough to meet the PR residency requirements and keeps her PR because if you lose yours, she can sponsor you again.

Your time outside Canada will not be counted towards your RO (residency obligation) because even though they have a clause stating you keep your PR in case you are working for a Canadian business and are posted outside Canada full time, they will not accept your own business, started solely for the purpose of keeping your PR.

As long as your PR card is still valid and nobody asks any questions, you can continue coming and going as you have been. If you get asked about meeting the RO and get reported for being in breach of it, you can appeal this based on qualifying under Canadian employer. However, I don't think you have much chance of winning that one. If you lose your PR, as long as your wife meets her RO and is willing to return to Canada and live here during the processing time, she can sponsor you for PR again as her spouse. Once you get a new PR, you start with the RO from scratch but you will eventually lose it again too if you continue staying outside Canada that much.

 

[Arino]

Re: I OWN A BUSINESS IN CANADA, I WORK ABROAD

Thanks for this very explanatory response.

However, let me explain that I didn't start the business for the purpose of keeping my PR.

Regards.

 

[scylla]

Re: I OWN A BUSINESS IN CANADA, I WORK ABROAD

Thanks for this very explanatory response.

However, let me explain that I didn't start the business for the purpose of keeping my PR.

Regards.

It doesn't matter. That's how CIC will see it.

In order to count the time you are outside of Canada towards PR, you must be hired by an existing Canadian company, with Canadian operations, for a job inside of Canada. If after you have been in that job for a while that Canadian company decides to relocate you to a permanent job outside of Canada - you could then count time spent outside of Canada towards PR. Your situation doesn't meet this criteria. The time you spent outside of Canada will be counted as time outside of Canada (not inside).

 

[kateg]

Re: I OWN A BUSINESS IN CANADA, I WORK ABROAD

In order to count the time you are outside of Canada towards PR, you must be hired by an existing Canadian company, with Canadian operations, for a job inside of Canada. If after you have been in that job for a while that Canadian company decides to relocate you to a permanent job outside of Canada - you could then count time spent outside of Canada towards PR. Your situation doesn't meet this criteria. The time you spent outside of Canada will be counted as time outside of Canada (not inside).

This is the safest answer, but not 100% complete.

There are cases where people start their own businesses and represent them abroad, and are deemed to have met their residency obligation. In cases like that, they are generally looking for a couple of things. These are from court cases involving appeals.

What they want to see are continuing operations in Canada. They look for several forms of evidence.

1) Wages. For you, for your employees. A real job has a real income, earning a living wage. Employees really help.
2) Assets. Manufacturing looks good - spending lots of money on equipment, then making goods and selling them shows you are serious about an actual business.
3) Taxes. This goes with number 1. If you claim a wage, you need to have Canadian tax forms for it. Your company needs Canadian tax forms for employees if you have them (and you really, really should).
4) Operations in Canada. There needs to be a presence in the country, and it needs to be doing things in Canada that either bring in revenue, or that are expected to bring in revenue in the future. For example, if you bought a mine, and invested $100,000 in equipment - it might not be operational yet, but you can show that you expect it to be.
5) Relevancy. The business needs to have need for you (your skills must match), and there must be value to you being abroad. If you are doing sales for the Canadian business, you should have a background in sales (or at least demonstrated success). You should have a client list, an order list. If you go to trade shows, have material from them and notes showing locations and dates.

It is possible to have a consultancy firm and live remotely, but it will likely be very hard for you to demonstrate meeting the RO if you are the only consultant, and the company does 100% of it's operations remotely. At that point, you could just work for a foreign company, and that looks like the only reason for the incorporation is to meet the residency obligations. If you had multiple consultants, clients in Canada, and a staff (even a small one) in Canada, it would look much better.

 

[Arino]

Re: I OWN A BUSINESS IN CANADA, I WORK ABROAD

Thanks even more for these further details. My business and I have been tax compliant. It's just that, for the time being, I am still patronized by clients I had prior to my relocation. To ensure physical presence, we are planning to open a store for African foods in the London Area, and use this as a platform for Canada-wide distribution. So, we shall have full-time employees here while I continue to work abroad, bringing the I come to Canada.

 

[scylla]

Re: I OWN A BUSINESS IN CANADA, I WORK ABROAD

Thanks even more for these further details. My business and I have been tax compliant. It's just that, for the time being, I am still patronized by clients I had prior to my relocation. To ensure physical presence, we are planning to open a store for African foods in the London Area, and use this as a platform for Canada-wide distribution. So, we shall have full-time employees here while I continue to work abroad, bringing the I come to Canada.

This doesn't change the answer. Don't assume CIC will allow you to count this time towards RO. There's a good chance they won't.

 

[Wadiek]

Your children will not qualify for citizenship in 2016 because according to the new rules, they need 4 years in Canada and time before becoming PR does not count so they will not be able to apply until 2018 as long as they are at that time 18 or older. Minor children can not apply for citizenship by themselves.

Your wife should make sure she stays in Canada enough to meet the PR residency requirements and keeps her PR because if you lose yours, she can sponsor you again.

Your time outside Canada will not be counted towards your RO (residency obligation) because even though they have a clause stating you keep your PR in case you are working for a Canadian business and are posted outside Canada full time, they will not accept your own business, started solely for the purpose of keeping your PR.

As long as your PR card is still valid and nobody asks any questions, you can continue coming and going as you have been. If you get asked about meeting the RO and get reported for being in breach of it, you can appeal this based on qualifying under Canadian employer. However, I don't think you have much chance of winning that one. If you lose your PR, as long as your wife meets her RO and is willing to return to Canada and live here during the processing time, she can sponsor you for PR again as her spouse. Once you get a new PR, you start with the RO from scratch but you will eventually lose it again too if you continue staying outside Canada that much.

Hi Leon,

I'm having another sensitive case and would like to take your valuable advice.

Got one very important question, about my wife. Actually I landed in Jan 2011 when i was single. I got married to my wife on Nov. 2013, after then I sponsored her as a family class resident and she landed on jun 2014.
I didn't make my RO time due to some obligations in my home country, and was issued a departure order upon entering Canada at the airport Last September.

Now my question, for me being on a departure order and with the worst case scenario of loosing my appeal, does that put her residency status at risk (i.e cic give her a departure order after i loose my appeal) especially that she is a conditional permanent resident (2 years after landing ends by Jun 2016)? Im asking this cause she is planning to meet her residency obligation and stay at least 2 out of 5 yrs and sponsor me back afterwards.
Thanks to advise as this is very important to us! Thanks

 

[scylla]

No - your wife's residency is not at risk. As long as she meets the residency obligation - she will be fine.

 

[Leon]

It normally would not affect her because she is a PR in her own right. However, if she is conditional it is based on cohabiting with her sponsor so if the case is that you are still in Canada waiting on your appeal and you are actually living together right now, she is fine. However, if the case is that you have left now and she is in Canada alone, it would be safer for her to join you where you are now in order to continue the cohabitation and only return to Canada to fulfill her RO once her condition is up in mid 2016.

If you lose your appeal and PR, she can also sponsor you again.

 

[Wadiek]

It normally would not affect her because she is a PR in her own right. However, if she is conditional it is based on cohabiting with her sponsor so if the case is that you are still in Canada waiting on your appeal and you are actually living together right now, she is fine. However, if the case is that you have left now and she is in Canada alone, it would be safer for her to join you where you are now in order to continue the cohabitation and only return to Canada to fulfill her RO once her condition is up in mid 2016.

If you lose your appeal and PR, she can also sponsor you again.

Thanks Leon, for the info..

One other question, since I'm appealing on a removal order, my PR card will expire soon.. If I traveled outside Canada for personal reasons.. Can I reenter Canada with the expired PR card and proof of submitting appeal on time via US borders with a private car?

Thanks.

 

[scylla]

Thanks Leon, for the info..

One other question, since I'm appealing on a removal order, my PR card will expire soon.. If I traveled outside Canada for personal reasons.. Can I reenter Canada with the expired PR card and proof of submitting appeal on time via US borders with a private car?

Thanks.

If you are appealing, you shouldn't leave Canada. Leaving Canada during the appeal process will further confirm to CIC that PR is not a priority for you. If you want any chance of success, remain in Canada.

 

[Wadiek]

If you are appealing, you shouldn't leave Canada. Leaving Canada during the appeal process will further confirm to CIC that PR is not a priority for you. If you want any chance of success, remain in Canada.

Ok thanks for the reply but this is really a kind of obligation and I'm not sure when my 1 yr PR card will be issued. so what are the consequences? will they deny me to enter via borders .. or what ? Thanks.

 

[scylla]

Ok thanks for the reply but this is really a kind of obligation and I'm not sure when my 1 yr PR card will be issued. so what are the consequences? will they deny me to enter via borders .. or what ? Thanks.

You'll be able to re-enter Canada. You should keep this trip to a few days and avoid additional trips if possible.

 

[zardoz]

Ok thanks for the reply but this is really a kind of obligation and I'm not sure when my 1 yr PR card will be issued. so what are the consequences? will they deny me to enter via borders .. or what ? Thanks.

While you are still a PR, even if you are under report, you have the right to enter, if you can get to the border.