Residency Obligation as a full-time employee of a Canadian business?

[thehaole]

I landed in Canada and became PR on Feb 21, 2013. My PR card is valid from Feb 21, 2013 till Mar 25, 2018.

From Feb 21, 2013 till Feb 22, 2016 (I only stayed approx 70 days in Canada during this period), i spent most of my time in Vietnam to finish my degrees and after that established a company specialized in importing goods from Canada and the US and distributing in Vietnam.

For further developing the business between Vietnam and Canada, on Mar 10, 2016 I incorporated a business (self-employed). I left Canada 15 days after the incorporation date. As a result, this has significantly increased the company's trade value between Canada and Vietnam since then.

From Mar 10, 2016 till now, my firm:
1) has chances to sponsor for several Canada's government activities in Vietnam
2) Had several meetings with (1) Prime Minister Justin Trudeau (2) The Minister of Agriculture Mr.Lawrence Macaulay (3) The Nova Scotia's Minister of Agriculture on how to deepen the relationship between Vietnam and Canada.

My questions is:
1) Would i be able to apply to renew my PR when the card expired?
2) Could i renew my PR card while im outside of Canada due to work?

Any thought and advice would be much appreciated!
Please excuse for my writings.

 

[torontosm]

I landed in Canada and became PR on Feb 21, 2013. My PR card is valid from Feb 21, 2013 till Mar 25, 2018.

From Feb 21, 2013 till Feb 22, 2016 (I only stayed approx 70 days in Canada during this period), i spent most of my time in Vietnam to finish my degrees and after that established a company specialized in importing goods from Canada and the US and distributing in Vietnam.

For further developing the business between Vietnam and Canada, on Mar 10, 2016 I incorporated a business (self-employed). I left Canada 15 days after the incorporation date. As a result, this has significantly increased the company's trade value between Canada and Vietnam since then.

From Mar 10, 2016 till now, my firm:
1) has chances to sponsor for several Canada's government activities in Vietnam
2) Had several meetings with (1) Prime Minister Justin Trudeau (2) The Minister of Agriculture Mr.Lawrence Macaulay (3) The Nova Scotia's Minister of Agriculture on how to deepen the relationship between Vietnam and Canada.

My questions is:
1) Would i be able to apply to renew my PR when the card expired?
2) Could i renew my PR card while im outside of Canada due to work?

Any thought and advice would be much appreciated!
Please excuse for my writings.

It sounds like you incorporated a company in Canada that you own, and have been living outside of Canada for quite some time. You will likely not be able to count any of those days towards your residency obligations. It doesn't matter who you met with or how much value you created.

 

[Buletruck]

1. Based on the information supplied, you have failed to meet RO. Your reasons for being outside Canada are personal (education and business) and unlikely to prevent them revoking your PR should you be reported. Your business seems to have been incorporated to specifically to use for the exemption for working for a Canadian company (this is noted specifically in the exemption) and probably won’t work for RO.
2. You must renew your PR in Canada (although there has been one example of someone doing it outside of Canada, but that is likely an anomaly).

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

• confirmation that the business was not created primarily to let you meet your residency obligation

 

[dpenabill]

For further developing the business between Vietnam and Canada, on Mar 10, 2016 I incorporated a business (self-employed). I left Canada 15 days after the incorporation date. As a result, this has significantly increased the company's trade value between Canada and Vietnam since then.

As others have observed, there is nothing in what you have posted which would indicate any exception to the PR Residency Obligation, any basis for getting credit for days you have been outside Canada.

The most important information you left out: total number of days you have spent in Canada overall between Feb 2013 and now.

If by "left Canada 15 days after the incorporation date" you are saying you have not been back to Canada since, that is, that your total time in Canada to date is approximately 86 days, the odds are very high (near for-sure) you will be deemed in breach of the PR Residency Obligation and inadmissible, resulting in the loss of your PR status. The practical mechanics of how this will happen vary depending on your next interaction or transaction with IRCC or CBSA. The outcome is not likely to vary.

If you have been coming and going, in effect operating a business IN CANADA (you physically present in Canada), and thus have been in Canada periodically since March 2016, and so far have not been reported for a breach of the PR RO upon your arrivals in Canada, and if you return to Canada before your PR card expires and are not reported when you arrive, SEE A LAWYER before leaving Canada again and before making any application to IRCC (such as for a new PR card) UNLESS your total number of days in Canada, during the previous five years, totals 730 days or close enough you can stay in Canada until the total is more than 730 days.



Summary and To be clear:

There is very little or NO indication your corporate operation will qualify you for credit toward the PR RO based on the credit for time employed abroad by a Canadian business. So your compliance with the PR RO will almost certainly depend on days you have been physically present in Canada.

If you have not been in Canada since March 2016, and thus your total time in Canada is less than 100 days, it is very unlikely you can save your PR status. If you want to settle and live in Canada in the future, better to plan on losing PR status and making a new application for a PR visa.

Other factors or circumstances may affect your situation and status, especially the frequency and duration of trips to Canada since March 2016, especially other ties to Canada such as immediate family in Canada, and perhaps the extent to which your business has ongoing operations physically IN CANADA (including factors like how many full-time employees you have in Canada, extent of property ownership in Canada). However, again, if you have not been in Canada since March 2016, the odds are NOT good, way NOT good, these other factors will help much.



Regarding:

From Mar 10, 2016 till now, my firm:
1) has chances to sponsor for several Canada's government activities in Vietnam
2) Had several meetings with (1) Prime Minister Justin Trudeau (2) The Minister of Agriculture Mr.Lawrence Macaulay (3) The Nova Scotia's Minister of Agriculture on how to deepen the relationship between Vietnam and Canada.

This may be relevant and helpful for the purpose of obtaining temporary visas to travel to Canada after your PR status is formally lost.

It may have some positive effect if there are other H&C reasons why Canada might allow you to retain PR status despite the failure to comply with the PR RO, but probably not worth expecting much in this regard.

 

[Buletruck]

[QUOTEThere is very little or NO indication your corporate operation will qualify you for credit toward the PR RO based on the credit for time employed abroad by a Canadian business.][/QUOTE]

Just to add to this, it seems the incorporation of your business in Canada was timed directly to the expiry of your PR card expiry (March10, 2016) as a means of achieving the RO requirement for working for a Canadian Company abroad. If I can tie those two dates together, then IRCC will most certainly connect the dots as well.

 

[thehaole]

Thank you very much for your time and feedback.

Im sorry for not being clear that from Mar 10, 2016 till now, i have done two business travels back to Canada
1) Mar 30, 2017 till Apr 20, 2017: Mostly visiting my suppliers in BC
2) Dec 13, 2017 till Jan 16, 2018: Mostly visiting my suppliers in NB, NS and PEI.
So since Feb 21, 2013 till now, i have been physically in Canada for 116 days.

I've read many posts on this forum and i aware that my application to renew PR might fail.
However in my case, the truth is that I must present in Vietnam to set up company facilities to be able to preserve specific seafood from Canada, educating customers and etc... This work must be carried on at all time in order to be successful in this industry.

P/s: Another factor keep me in Vietnam is that I got married in 2015 and we have a son (he was born on Mar 29, 2015), me and my wife separated 6 months after the birth of my son and divorced in 2017. Since Jan, 2016 my son is living with me. I really want to sponsor my son and bring back to Canada but cant get an agreement with his mother.

 

[canuck78]

Thank you very much for your time and feedback.

Im sorry for not being clear that from Mar 10, 2016 till now, i have done two business travels back to Canada
1) Mar 30, 2017 till Apr 20, 2017: Mostly visiting my suppliers in BC
2) Dec 13, 2017 till Jan 16, 2018: Mostly visiting my suppliers in NB, NS and PEI.
So since Feb 21, 2013 till now, i have been physically in Canada for 116 days.

I've read many posts on this forum and i aware that my application to renew PR might fail.
However in my case, the truth is that I must present in Vietnam to set up company facilities to be able to preserve specific seafood from Canada, educating customers and etc... This work must be carried on at all time in order to be successful in this industry.

P/s: Another factor keep me in Vietnam is that I got married in 2015 and we have a son (he was born on Mar 29, 2015), me and my wife separated 6 months after the birth of my son and divorced in 2017. Since Jan, 2016 my son is living with me. I really want to sponsor my son and bring back to Canada but cant get an agreement with his mother.

You have been very lucky so far and were not reported for not meeting your RO. It will get much harder to do once your PR card expires in March. You have to have met your RO before being able to sponsor your child as well as bee living in Canada so it would not be possible even if the child's mother gave permission.

 

[dpenabill]

1) Mar 30, 2017 till Apr 20, 2017: Mostly visiting my suppliers in BC
2) Dec 13, 2017 till Jan 16, 2018: Mostly visiting my suppliers in NB, NS and PEI.
So since Feb 21, 2013 till now, i have been physically in Canada for 116 days.

If you return to Canada prior to your PR card expiring, it appears the odds are good you will be able to return to Canada without being reported (based on recent trips to Canada).

Once your PR card expires you will need a PR Travel Document in order to fly to Canada. The odds are at least high, and probably very high, an application for a PR TD will be denied. That will terminate your PR status unless you appeal and win the appeal. But the odds of winning an appeal are NOT good either.

Unless you return to Canada soon and remain in Canada long enough to have 730+ days in Canada within the preceding five years (remember, days in Canada more than five years ago, which would be days in Canada soon after landing, will begin to fall out of the calculation and thus NOT count), the odds are close to overwhelming you will NOT BE ABLE to keep your PR status. That is just how it is.

So, if your future requires you to remain in Vietnam for the near future, you should plan on losing PR status. That is just how it is. Either come to live in Canada or lose PR status.

 

[Tubsmagee]

So, if your future requires you to remain in Vietnam for the near future, you should plan on losing PR status. That is just how it is. Either come to live in Canada or lose PR status.

Short and sweet.