Residency Obligations not met and sponsoring family

[Msafiri]

Msafiri i don't know what is the turnover of my company but it is a company of 20 + employees with 50% inside Canada and it is established in Canada from almost 13 years and not listed in major exchange.
I'm thinking to leave Canada and keep working for my company and staying on their payroll and pay taxes. Once achieved my residency obligation (after 12 May 2015) I can apply for travel document and come back to Canada and proceed with resident card renewal.
Are you aware guys if companies might intervene in such situations? I know personally one friend his company brought him from his country as PR in few Months and another friend stayed in refugee status for 7 years and his company liked his work and promised him to get PR soon.
By the way mistakenly CIC put for me a deadline to return the required documents end of this year. Most likely they will not remember me before that time.

Please advice.

Based on the info you provide I doubt the company will pass the test - 20+ people is small potatoes. Take the regs below to the company lawyer and ask if the criteria is met. Get written confirmation of this and a guarantee that they will sponsor your Work Permit if this goes sour. Plenty of PRs here who got dropped by the company when they lost their PR due to 'working abroad' - such dedication at the cost of PR status is not worth it. The consistent message from the courts is that PR status is not a form of glorified visitors visa its to live in Canada - why bother getting PR or retaining it if you don't to reside in Canada...the hassle and stress of playing the rules is more of a pain than sitting it out in Canada till you get citizenship.

Canadian business - IRPA regulations

61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is
(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;
(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and
(i) that is capable of generating revenue and is carried on in anticipation of profit, and
(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or
(c) an organization or enterprise created under the laws of Canada or a province.
Marginal note:Exclusion

(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.
Marginal note:Employment outside Canada

(3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression “employed on a full-time basis by a Canadian business or in the public service of Canada or of a province” means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to
(a) a position outside Canada;
(b) an affiliated enterprise outside Canada; or
(c) a client of the Canadian business or the public service outside Canada.

 

[residentincanada]

Hello Experts,
I came up with a new approach to resolve my problem and curious to know your point of view. I noticed that my PR with missing RO causing me the problem, so if I get rid of it would be part of the solution.
1- I submit the document they need, if positive, I’m ok
2- If I have been reported I refuse to appeal and at the same time I manage to make work permit and continue working in my current company (please advise on how complex to make a work permit and what are my chances to succeed to switch my status?)
3- If step 2 work with me I’m eligible to bring my family
4- I apply again for permanent residence while I’m on working status (please advise if the new PR application would be affected by my history with CIC)

 

[Msafiri]

Hello Experts,
I came up with a new approach to resolve my problem and curious to know your point of view. I noticed that my PR with missing RO causing me the problem, so if I get rid of it would be part of the solution.
1- I submit the document they need, if positive, I'm ok
2- If I have been reported I refuse to appeal and at the same time I manage to make work permit and continue working in my current company (please advise on how complex to make a work permit and what are my chances to succeed to switch my status?)
3- If step 2 work with me I'm eligible to bring my family
4- I apply again for permanent residence while I'm on working status (please advise if the new PR application would be affected by my history with CIC)

1. Best outcome but the fact that they asked for more info means they are making sure their case is watertight.

2. If reported you will be issued a departure order. If you don't appeal the departure order in 30 days it becomes a deportation order. Its a tight timeline to get the WP whilst still in Canada. You can negotiate with CBSA to delay the departure but they tend to want you out!

3. WP requires employer sponsorship and LMO approval if applicable. Is your employer willing to go through this? What if they fail the LMO test and you've burned your PR bridge? Also will they actually sponsor when the day to take action arrives or will budgetary needs, new business directions, office politics etc mean this is not considered crucial...are you irreplaceable? If WP approved then you also need a TRV to facilitate any travel outside Canada. Your family can join you in Canada.

4. Assuming you get the WP what happens if economic conditions change and you are let go? You have to start again.

5. If you get the WP and apply for PR you and all family members must pass all medicals, security checks etc. Anyone fails then no PR. Factor in too that the PR process might be very different by the time you re-apply. Your prior PR will not be an issue.

6. Check the CIC website and carefully explore your WP options or immigration under other streams before making any major decisions.

 

[hope4ever]

Hi there,

I hope things are going fine. Would you please update us with what happened in your case?.

Thanks