PR RESIDENTIAL OBLIGATION IF WORKING ABROAD FOR A CANADIAN COMPANY

[zultv123]

Dear Sir/Madam.
I have a brother who is married to a Canadian citizen and he has a PR card but he is working for a Canadian company in Dubai,he is showing all his pay stubs,taxes etc in Canada,we understand that the rule is to stay in Canada for 730 days within 5 years but he is working in Dubai for a Canadian company and he will be in Canada for 360 days in 5 years would his days in Dubai working for a Canadian company count as full days to equall 730 days?

Also would the days outside Canada working for a Canadian company count towards his citizenship requirements for 1095 days?
He just got his PR card and he is planning to go Dubai to work for a Canadian company...he will be working for a Travel Agent here in Canada and Dubai flying back and forth.

Any help in answering the above will be greatly appreciated.

Thanking you in advance,

With Best Regards,
Ash

 

[zardoz]

The rules are quite strict and I am not sure that he would qualify under them for the PR obligations.
Even if he does, they will not count towards citizenship. I'll try and find the exact rules for you.

 

[zardoz]

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

OPTION 2. Employment outside Canada

You may count each day you were employed outside Canada if your employment meets the following requirements:

you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province or territory and
as a term of your employment or contract, you are assigned on a full-time basis to:
a position outside Canada
an affiliated enterprise outside Canada or
a client of the Canadian business or the public service outside Canada
For this application, a Canadian business is defined as:

a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
an enterprise that has:
an ongoing operation in Canada
is capable of generating revenue
is carried out in anticipation of profit
in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above or
an organization or enterprise created by the laws of Canada or a province
Supporting documents:

You must provide a letter signed by an official of the business stating:

the position and title of the signing official
the nature of the business and how it fits the description of a Canadian business (see definition above)
details of your assignment or contract outside Canada such as duration of the assignment; confirmation that you are a full-time employee of the “Canadian business” working abroad on a full-time basis as a term of your employment, or that you are on contract working on a full-time basis abroad as a term of your contract; and a description or copy of the position profile regarding the assignment or contract abroad
confirmation that the business was not created primarily for the purpose of allowing you to satisfy your residency obligation
You may also include:

articles of incorporation and business licences
partnership agreements or corporate annual reports
corporate Canadian Income Tax Notices of Assessment or financial statements
copies of the Employee Assignment Agreement or Contract
copies of any agreements between the Canadian business and the business or client outside Canada concerning your assignment to that client or business
Pay Statements
Canadian Income Tax Notice of Assessment
T4 slips
Any other evidence that you want to have considered

Problem number 1 is that it must be full-time outside Canada. There is no mention of "commuting" between the two countries.

 

[zultv123]

Thank You So Much I will wait for your response

 

[zultv123]

Thank u so much Zardoz

 

[steaky]

If your brother and his Canadian wife are living together in Dubai, then your brother's PR residency obligation would be maintained.

 

[zultv123]

Great thank you so much

 

[Msafiri]

.........I have a brother who is married to a Canadian citizen and he has a PR card but he is working for a Canadian company in Dubai,he is showing all his pay stubs,taxes etc in Canada,we understand that the rule is to stay in Canada for 730 days within 5 years but he is working in Dubai for a Canadian company and he will be in Canada for 360 days in 5 years would his days in Dubai working for a Canadian company count as full days to equall 730 days? .............................

.............................. He just got his PR card and he is planning to go Dubai to work for a Canadian company...he will be working for a Travel Agent here in Canada and Dubai flying back and forth...

So which is which...he already works in Dubai or he is starting a new job. If the company and job don't meet the specs in the list given by zardoz (which it seems they don't) then sorry no dice..none of the days are residency days.

Days accompanying a Canadian Citizen spouse are considered 'in Canada' days. However CIC now asking for both proof of relationship and of accompanying so be prepared to submit paperwork to this effect e.g. joint lease agreements.

None of the 'employment' or 'with spouse' days even if they were residency days qualify for citizenship unless in the military or public service of Canada e.g. embassy official. The days of getting Canadian citizenship with less than 1095 days of physical presence are pretty much gone.

 

[zultv123]

Thanks a million for all you input.

Regards,

 

[nikcho]

Thanks a million for all you input.

Regards,
[/quot]
i am sailing in the same boat but i don't know to whom i should ask ?
i want to go india on the same basis but not sure whether they will accept my job in india from a Canadian company.
is it possible that immigration authorities give permission in advance , so that no risk is involved ?
can i start my own business for the purpose ? how ?
pl write.

 

[Msafiri]

i am sailing in the same boat but i don't know to whom i should ask ?
i want to go india on the same basis but not sure whether they will accept my job in india from a Canadian company.
is it possible that immigration authorities give permission in advance , so that no risk is involved ?
can i start my own business for the purpose ? how ?
pl write.

1. You must be employed in Canada then assigned to India on a full time basis.

2. Both the company and the job must be bonafide. The company must meet the requirements to be a Canadian Business.

3. There is no in advance application/ insurance - sorry Canada doesn't do advanced deals for PR retention other than to state you are to be in Canada 730 days in each 5 year rolling period or otherwise be in an allowable exemption status.

4. Your plan to set up a company is a waste of time. The rules rule out 'businesses' set up to avoid the Residence Obligation and CIC will see your plan aka 'mom and pop set up' from a mile and bounce your PR Card renewal.

 

[nikcho]

pl let me know how to post a new question on this site

Thanks a million for all you input.

Regards,
[/quot]
i am sailing in the same boat but i don't know to whom i should ask ?
i want to go india on the same basis but not sure whether they will accept my job in india from a Canadian company.
is it possible that immigration authorities give permission in advance , so that no risk is involved ?
can i start my own business for the purpose ? how ?
pl write.

hi thanks a lot. pl tell me can I go for film making or for my art work to india for 3 months and my that period counts for pr

 

[scylla]

pl let me know how to post a new question on this site hi thanks a lot. pl tell me can I go for film making or for my art work to india for 3 months and my that period counts for pr

Click on "new topic" in the top right-hand part of your screen.

 

[CanadianDreamer@TO]

I am working in the Canadian Branch of a US company. Work is primarily from home. For 3 weeks, as agreed with the management of my company, I would be working from home but from India. Will this time spend count towards the resideny obligation?

 

[armoured]

I am working in the Canadian Branch of a US company. Work is primarily from home. For 3 weeks, as agreed with the management of my company, I would be working from home but from India. Will this time spend count towards the resideny obligation?

No.

Doesn't matter how many threads you ask this question in, it will still be no.