PR obligation requirement..

[DrBaloch]

hello everyone

i have landed in Augusta 2015 with my family in Toronto airport & stayed in Canada for 15 days only then returned to home country after 1 year i came back on September 2016 to canada again & this time stayed for 20 days only then back to home country but now im back to canada in auguest 2017 and stil i country my family will stay in canada & my son will go to school in Toronto i will be back to home country because of my job & some other issues my PR will expire on 2019.
how can i maintain my PR obligation as i cant stay more days in canada due to my job, some body advise me to open a company in canada or be hired by Canadian company then that company can transfer you in other branch in your home country then that days can be count as you are in the country is this possible or not can anybody advise.

how the CIC immigration of canada know that im out side of country as there is no stamp in my passport for in & out, and im maintaining my bank account & credit card account & paying hydro bills & the rent of my home.
as this time my family will be living in canada.

regards

 

[Rob_TO]

how can i maintain my PR obligation as i cant stay more days in canada due to my job,

You get a job in Canada and make sure you reside here for 2 of every 5 years.

Once you've spent 3 years outside Canada since landing over the first 5 years, you are in violation of the RO and subject to having your PR status revoked. If your status is revoked, your spouse can sponsor you for PR again.

some body advise me to open a company in canada or be hired by Canadian company then that company can transfer you in other branch in your home country then that days can be count as you are in the country is this possible or not can anybody advise.

It doesn't work that way. If the primary reason for the company is to avoid the RO, then it will not count. IRCC a very aware of this.

To qualify you must be hired for a job inside Canada first, and then transferred on a temporary basis only to a position outside Canada. And if you can get a job with a Canadian company in the first place, then why bother being transferred just stay in Canada and work.

how the CIC immigration of canada know that im out side of country as there is no stamp in my passport for in & out,

Next time you try to enter Canada, CBSA can simply ask you and you must be honest with them. Plus entry/exit info they can get by swiping your passport.

 

[Bs65]

As per Rob_to the OP should never underestimate what information CBSA has access to regardless of whether there are passport stamps or not.

Even if the OP does not disclose info to CBSA on each entry are they then planning to add to that misrepresentation on any tax return assuming even a tax resident, PR card renewal or ultimately citizenship application as none of that is a good idea and will be found out at some point leading to unpredictable consequences.

Unfortunate as it might be for the OPs work situation the 2 out of 5 rule is pretty generous so either the OP wants to commit to Canada or not and be with their family full time.

 

[mf4361]

Where the company entity doesn't matter, only your physical presence on Canadian soil counts.

 

[dpenabill]

how the CIC immigration of canada know that im out side of country as there is no stamp in my passport for in & out, and im maintaining my bank account & credit card account & paying hydro bills & the rent of my home.

IRCC will know because you report your travel dates.

If you do not accurately and completely report your travel dates, IRCC only needs to discover some indication of a discrepancy to trigger a more probing investigation. There are, perhaps, millions of bits of information which could alert IRCC that you have made a misrepresentation, which would trigger inquiries and investigation, leading to the discovery of an overt discrepancy between what you report and what IRCC apprehends the facts to be.

Going that way is not a prudent gamble.

The interdiction and prosecution of fraud, including in particular misrepresentations made regarding residency and presence, has increased dramatically over the years, including the implementation of improved methods and means, which further includes enhanced technology tools in addition to more often conducting broad investigations. This includes IRCC researching open sources, like social media. (LinkedIn appears to be one of the more common sources in which IRCC has found and relied on information indicating a discrepancy in what a PR reports.)

If you are looking for convincing information as to what the precise odds are for getting caught, take into consideration the severity of the consequences. If caught, you would be barred from Canada entirely for five years, not even allowed to visit family in Canada for five years. Barred from being sponsored to again obtain PR status. Thus, even though the odds of being prosecuted criminally (pursuant to which you might be allowed to stay in Canada awhile, albeit in government provided secure housing, the kind with bars) are fairly low, the civil/immigration related consequences alone are severe.


Reminder: Prior to 2008/2009, many thousands gambled that CIC (before it became IRCC) would not, in effect, catch them. Between 2008 and now, thousands of those persons have lost PR status and hundreds are still entangled in proceedings to revoke their citizenship, as CIC and now IRCC have more diligently and effectively pursued discovery and enforcement of residency or presence related misrepresentation. Past patterns, in which it appears many got away with residency or presence misrepresentations, do not at all indicate the nature or scope of interdiction these days.