residency obligations - clarification on the exception

[joey_xs]

I am an PR since july2010 and intend to move across to canada with my family in july 2011.
My family will reside in canada but as I will work for an international company (head office in Europe) in the US with an american contract. I would come to Canada on and off. The company does have a couple of offices in Canada as well but as the company's business is very limited in Canada I would be based in the US. As such does the exception 'employment on a full-time basis with a Canadian enterprise' apply to me as a waiver of the 2year residency rule.

Appreciate any advise - which will help me to negotiate my move with my company to move across to Canada in a means to fulfill my residency obligations. Thanks in advance.

 

[PMM]

Hi

I am an PR since july2010 and intend to move across to canada with my family in july 2011.
My family will reside in canada but as I will work for an international company (head office in Europe) in the US with an american contract. I would come to Canada on and off. The company does have a couple of offices in Canada as well but as the company's business is very limited in Canada I would be based in the US. As such does the exception 'employment on a full-time basis with a Canadian enterprise' apply to me as a waiver of the 2year residency rule.

Appreciate any advise - which will help me to negotiate my move with my company to move across to Canada in a means to fulfill my residency obligations. Thanks in advance.

]
No, as you weren't hired by a Canadian company and posted overseas.

 

[joey_xs]

PMM - thanks, noted your feedback.

I'm just a bit confused on the Canadian company part. I have 2 followup questions:

- If I have a Canadian contract from the canadian branch office and based in the US would it help.

- Does Canadian company mean - the Head office in Canada which branches outside OR could it imply a branch office within Canada with the head office outside?

Thanks in advance

 

[PMM]

Hi

PMM - thanks, noted your feedback.

I'm just a bit confused on the Canadian company part. I have 2 followup questions:

- If I have a Canadian contract from the canadian branch office and based in the US would it help.

- Does Canadian company mean - the Head office in Canada which branches outside OR could it imply a branch office within Canada with the head office outside?

Thanks in advance

1. The business has to meet the following definition.

6.5. Employment outside of Canada
The Regulations enable permanent residents to comply with the residency obligations while
working abroad, provided that:
• they are under contract to or are full-time employees of a Canadian business or in the public
service, where the assignment is controlled from the head office of a Canadian business or
public institution in Canada; and
• they are assigned on a full-time basis as a term of their employment or contract to a position
outside Canada with that business, an affiliated enterprise or a client.

Canadian Business

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 is held by Canadian citizens, permanent residents or Canadian businesses; and
• enterprises which have been created by the laws of Canada or a province

Unless you were hired by the Canadian office and then assigned abroad, it probably won't wash. With the employer, just transferring you to a Canadian operation just to circumvent the PR requirements, again is probably not going to work.

 

[dubai321]

Hi Seniors,

I got PR status in 08/2010. I have stayed in Canada for 2 weeks to validate my status. I got my PR card which will be expired in August 2015. I still have job commitment in Dubai until April 2012. Is that possible for me to stay outside Canada until May 2012.

Thank you so much.

Sagar

 

[PMM]

Hi

author=dubai321 link=topic=59418.msg527332#msg527332 date=1292155499]
Hi Seniors,

I got PR status in 08/2010. I have stayed in Canada for 2 weeks to validate my status. I got my PR card which will be expired in August 2015. I still have job commitment in Dubai until April 2012. Is that possible for me to stay outside Canada until May 2012.

Thank you so much.

Sagar
[/quote]

Yes

 

[Leon]

I got PR status in 08/2010. I have stayed in Canada for 2 weeks to validate my status. I got my PR card which will be expired in August 2015. I still have job commitment in Dubai until April 2012. Is that possible for me to stay outside Canada until May 2012.

Yes, you are allowed to stay outside Canada for up to 1095 days (3 years) in your first 5 years as a PR and each 5 year period after that. If you are only outside Canada from 08/2010 to 05/2012, that is not even 2 years so you are fine.