Little bit complicated situation and asking for help

[bluejays2221]

Hello everyone,i have a little bit complex situation.

I became a Pr in 2006, i have been working for the family compay since 2008.We are doing export it has been in operation for 10 years.The company has very good numbers for sales.Because our job is export,we had a rough time in 2008 financial crisis,so i had to work on the foreign markets for finding new customers,and helping developing our business with our former customers.

Right now i am in Canada for the last 8 months working in the Canadian head office because i was assigned for overseas until 2010 April.

My card had expired this month, i have 13 months of physical presence , and 3 years of working for the Canadian company overseas as a full time.

Because i am a 0% risk free person i have seen 3 different lawyers to discuss my situation ,2 of them said you are fine just apply to renew,the other guy told me just wait another 11 months to apply.

That really refused me so i dont know what to do, to apply right now when i check CIC, it seems there s no problem,because when you are working for a solid Canadian company in overseas you are fine,but on the other hand,you never know what happens.

I have to travel to U.S. for a shutdown factoy machinery sale,i already postponed two times,right now i dont have any excuses left,


Last month i have just bought a new house and signed a mortgage also i have lease for a luxury car, i dont want to lose my job but also i dont want to lose my PR,my gf is a Canadan citizen but she is still in college so she cant sponser me , i dont know what to do, i started smoking pls help me guys.

 

[Leon]

Immigration tends to be strict on what is a Canadian employer when it comes to keeping PR. This family business is run by more people than just you, right? If it was your own company, I don't think it would fly. You were working for them before they transferred you to another country, right?

Your Canadian gf could sponsor you again if you lose your PR. Being in college is irrelevant but you either have to have lived together for one year (common law) or be married.

 

[bluejays2221]

Family business is owned by my father,we have 3 employees,i was working for them and they transferred me to overseas.The company is in operation for the last 10 years.We have an annual sales of 2 million dollars.We only do export to overseas.

My gf is waiting to graduate to get married,she is still living with her parents.
Please Leon put yourself inside my position ,what would you do?

 

[Leon]

I can not tell you what immigration will say any better than a lawyer can. If you have asked 2 lawyers who looked at your case and said you should apply, then go by that. If you would rather play it 100% safe, stay in Canada until you have 730 days and then apply.

 

[bluejays2221]

Hello Leon, thank you very much for your efforts.

Unfortunately, there are two things i dont understand,if i was a guy working in Mcdonalds paying minumum taxes,there wont be any problem because i would be staying in Canada.

But whereas i am working for a big company ,in an important position trying to sell Canadian goods to overseas,doing export ,contributing to the economy,paying taxes,creating new jobs, when i contribute to this economy, i started to have problems with immigration.

In export overseas markets,it s not easy, you cant do export by sitting at your office calling your customers,when you sell machinery , you have to go there ,do the installation,run the machine and help with the production in order to sell,you have to attend fairs and look for customers.

I dont personally trust any immigration lawyer,they are all for the money, when you get rejected and go to the court,which is much better for them so they can make more money.

I think any law must be easy to understand, when they say Canadian business ,what does that mean, so the company that i work in is a Japanese company? Am i paying my taxes to Germany?

So Telus can be accepted as a Canadian company ,but Fido is not accepted as a Canadian company,
Or lets say the company i work for doesnt qualify for a Canadian company,when it comes to taxes we pay the same percentage.

These things really drives me crazy. I am looking for certain exact answers,if a lawyer tells me well you can apply but if you want 100% you should wait another 13 months and lose your job, i would tell that guy to resign from the law firm and start working in a food chain as a waiter.

 

[Leon]

I am not a lawyer and I don't charge for my advice. For all you know, maybe I am a waiter.

Immigration requires all PR's to meet the residency requirements. You and also the guy who works at McD's. Would it be fair if immigration said that you don't have to follow the same rules because you make more money?

The Canadian business clause is there to allow PR's to take a job where they must travel for the employer. However, this has also been abused by people who don't want to live in Canada and still want to keep their PR by starting companies themselves or trying to go back to homeland and get a job for a Canadian firm there. That is why immigration is strict on their definition of Canadian employer and who qualifies. Where it gets iffy in your case is that it is a family business. They might see it as an attempt by your family to protect their PR's while they choose to live outside Canada. However, since you say it's an established business, 10 years old with employees, good turnover etc. maybe the first 2 lawyers are right and you have nothing to worry about.

 

[bluejays2221]

If anyone has any experience,pls share with us,