Planning to open a business - can that help my residency obligation?

[aakash28]

Hello friends! Got a question:

I am hoping to get my PR (if everything goes smoothly) sometimes near the end of 2011. And probably be landing there sometime middle of 2012. Even though i am going in as a FSW1, my interest is to open business there. I am planning to open a new business in Canada and affiliated that with my my current employer in my home country. That would extend their operation in CA with their partner from CA. I am in conversation with with my employer and they are willing to come to an agreement with me. Majority share holder of the proposed company will be Canadian business partner of my home country company and we will own around 45% of the stake out of which minor portion would be personally owned by me, near about 15%.

Now once we start the operation, we expect to hire at least 3-4 CA citizen or PR for works at different level including myself. I will be working for that Canadian firm that we will form with our Canadian business partner, but I will be working from my home country at least for another 3-4 years as we are in the midst of some high profile government contractual project which has classified issues in my home country. However, we (me and my family) will travel to Canada every year and would be paying taxes in Canada and my company would be paying regular business taxes as per law. Our operation in Canada will be different than that of our home country though in same discipline.

My questions is: since me and my family are only PR and planning to stay out of Canada - but still working under payroll of technically speaking "Canadian" business and paying taxes as per any other Canadian and PR - do the days we would spend out side of Canada be counted as resident days?

Thanks for your time!

 

[Leon]

As far as I know, the only "Canadian employer" they will accept for you to keep your PR is when you are working for a Canadian company in Canada already and they transfer you to another country. They are very strict on that you do not get to start your own company to protect your PR.

 

[aakash28]

Thanks Leon. SO, if the "Canadian Company" transfer me and my family stays with me outside of canada - will their days be considered as resident days?

 

[Leon]

Thanks Leon. SO, if the "Canadian Company" transfer me and my family stays with me outside of canada - will their days be considered as resident days?

Yes, if your Canadian employer hires you in Canada and transfers you to another country, I believe there are also rules on what is considered a Canadian employer but if it works for you, then the PR of your spouse and children are also protected.

 

[toby]

Yes, if your Canadian employer hires you in Canada and transfers you to another country, I believe there are also rules on what is considered a Canadian employer but if it works for you, then the PR of your spouse and children are also protected.

As Leon says -- and I am emphasizing the advice -- look up CIC's definition of a "Canadian company". I suspect that your arrangement would not allow you to count days abroad toward your PR quota.