Maintain PR Status - Exception to the 730 day rule

[AUH Process]

Dear All,

"IRPA establishes residency requirements and obligations with respect to each five-year period
after the granting of permanent residency status.

A permanent resident complies with the residency obligation provisions with
respect to a five-year period if, for at least 730 days in that five-year period, the permanent
resident is physically present in Canada, or:
.....
is outside Canada employed on a full-time basis by a Canadian business"

The above has been quoted from an official CIC document.

My understanding from these statements, is that; as long as you are employed by a Canadian business you can reside out of Canada and you maintain the PR status.

I would like to start a discussion on what this means for people who have applied for PR and do have jobs in Canadian companies overseas, with either branches, subsidiaries or the parent company itself.

1 - What documents need to be shown to the Canadian immigration to prove "employment by a Canadian business"? - Are tax returns enough?

2 - Do these individuals need to pay Canadian Taxes?

3 - When, where and how is the determination of permanent residence and renewal of status done?

I would like any knowledgeable individuals to shed some light on the above topic.

 

[PMM]

Hi

quote author=AUH Process link=topic=37913.msg251074#msg251074 date=1269851161]
Dear All,

"IRPA establishes residency requirements and obligations with respect to each five-year period
after the granting of permanent residency status.

A permanent resident complies with the residency obligation provisions with
respect to a five-year period if, for at least 730 days in that five-year period, the permanent
resident is physically present in Canada, or:
.....
is outside Canada employed on a full-time basis by a Canadian business"

The above has been quoted from an official CIC document.

My understanding from these statements, is that; as long as you are employed by a Canadian business you can reside out of Canada and you maintain the PR status.

I would like to start a discussion on what this means for people who have applied for PR and do have jobs in Canadian companies overseas, with either branches, subsidiaries or the parent company itself.

1 - What documents need to be shown to the Canadian immigration to prove "employment by a Canadian business"? - Are tax returns enough?

2 - Do these individuals need to pay Canadian Taxes?

3 - When, where and how is the determination of permanent residence and renewal of status done?

I would like any knowledgeable individuals to shed some light on the above topic.
[/quote]

1. To use the above section, you have to have been hired by the Canadian operation (and it must meet the definition) and be transferred by the Canadian company to their operation overseas.
2. Permanent Residence and Tax Residence are two different things.
3. Well you can't renew your PR card overseas.
4. If you were working for a Canadian company overseas, prior to PR and returned to that company after PR, then it probably would not preserve your PR status, see No.1

PMM

 

[AUH Process]

1. To use the above section, you have to have been hired by the Canadian operation (and it must meet the definition) and be transferred by the Canadian company to their operation overseas.
2. Permanent Residence and Tax Residence are two different things.
3. Well you can't renew your PR card overseas.
4. If you were working for a Canadian company overseas, prior to PR and returned to that company after PR, then it probably would not preserve your PR status, see No.1

PMM

Thanks PMM, so the way I undertand what you are saying, if you are employed by a Canadian business, and on holiday overseas, these days don't count toward the 730 day requirement. A couple of observationn/querry:

1 - It does not say that anywhere in the OP 10....is this a loophole? or is it covered somewhere else in the law?

2 - What kind of evidence is to be shown at a point of entry to prove employment with a Canadian company (Which meets the definition)

 

[PMM]

Hi

Thanks PMM, so the way I undertand what you are saying, if you are employed by a Canadian business, and on holiday overseas, these days don't count toward the 730 day requirement. A couple of observationn/querry:

1 - It does not say that anywhere in the OP 10....is this a loophole? or is it covered somewhere else in the law?

2 - What kind of evidence is to be shown at a point of entry to prove employment with a Canadian company (Which meets the definition)

1. You are on holidays, your employer didn't assign you holidays overseas.
2. 6.2. Canadian business
The definition applies to both large and small businesses, and includes:
• federally or provincially incorporated businesses that have an ongoing operation in Canada;
• other enterprises that have an ongoing operation in Canada, are capable of generating
revenue, are carried out in anticipation of profit and in which a majority of voting or ownership
interests are held by Canadian citizens, permanent residents or Canadian businesses; and
• enterprises that have been created by the laws of Canada or a province

PMM

 

[AUH Process]

@ PMM:

Do you know what kind of documented evidence is to be shown at a point of entry to prove employment with a Canadian company?

 

[pzb]

Do you know what kind of documented evidence is to be shown at a point of entry to prove employment with a Canadian company?

I would recommend reading section 7.4 of ENF 23 (cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf, pages 14-19). It explicitly lays out the suggested documentary evidence, both for proof of the business as well as proof of full-time employment. Assuming you are working for a corporation as defined in R61(1)(a), then you should have a letter from officer of the company with the information required plus some of your pay records and some supporting documentation of the company. You should try, if at all possible, to have the letter be an original (rather than a photocopy) on company letter head and have a business card of the person who signed the letter.

Your objective should be to provide enough documentary evidence that the officer will be satisfied from the documents alone. However, you should be prepared for questions to yourself and the possibility that they may make external checks to verify the information presented. Examples of external checks might include using an Internet search engine to find information about the business, using the telephone book to identify the existence, calling the company, or calling the signer of the letter. The officer may ask you to explain any discrepancies between the documentation, information gathered, and information you provide, so be sure you have good answers.

Thanks,
Peter

 

[AUH Process]

I would recommend reading section 7.4 of ENF 23 (cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf, pages 14-19). It explicitly lays out the suggested documentary evidence, both for proof of the business as well as proof of full-time employment. Assuming you are working for a corporation as defined in R61(1)(a), then you should have a letter from officer of the company with the information required plus some of your pay records and some supporting documentation of the company. You should try, if at all possible, to have the letter be an original (rather than a photocopy) on company letter head and have a business card of the person who signed the letter.

Your objective should be to provide enough documentary evidence that the officer will be satisfied from the documents alone. However, you should be prepared for questions to yourself and the possibility that they may make external checks to verify the information presented. Examples of external checks might include using an Internet search engine to find information about the business, using the telephone book to identify the existence, calling the company, or calling the signer of the letter. The officer may ask you to explain any discrepancies between the documentation, information gathered, and information you provide, so be sure you have good answers.

Thanks,
Peter

Thanks alot Peter that was a great help!! Answers most of my questions!...BTW, if you know any good immigration/citizenship lawyers in Toronto, I am looking for some references.

 

[people]

Hi PMM,
One of my friend works as Medical Transcriptionist from home.As his wife (who is not a Canadian pr/citizen)has got an overseas job, now he wants to join his wife overseas .As he is an Canadian PR and not citizen in order to keep his PR status he needs to be in Canada for atleast 730 days in 5 years.He is hired by his brother's company who is a Canadian citizen and has got his operations in Canada.Now as he is an MT ,he is already working from home can he move overseas to join his wife and work from home for his Canadian employer and maintain his PR status will it be considered by CIC?

Thanks

 

[PMM]

Hi

Hi PMM,
One of my friend works as Medical Transcriptionist from home.As his wife (who is not a Canadian pr/citizen)has got an overseas job, now he wants to join his wife overseas .As he is an Canadian PR and not citizen in order to keep his PR status he needs to be in Canada for atleast 730 days in 5 years.He is hired by his brother's company who is a Canadian citizen and has got his operations in Canada.Now as he is an MT ,he is already working from home can he move overseas to join his wife and work from home for his Canadian employer and maintain his PR status will it be considered by CIC?

Thanks

Only if his brother's company meets the definition of Canadian company for Immigration purposes. I sort of doubt that his brother is hiring him as a transcription, as most (in BC at least) are contracted by the hospitals. See:

Residency Obligation

Canadian business
61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is
(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;
(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and
(i) that is capable of generating revenue and is carried on in anticipation of profit, and
(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or
(c) an organization or enterprise created under the laws of Canada or a province.

Exclusion
(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada