time spent outside canada on self employment

[nmustafa]

I am self employed PR and travel outside canada 2-3 times a year on business that involves consultancy and attending board meetings for companies i deal with or own interests in the US and the Middle East. I conduct my business through a canadian company which I own. Does travel on business count as days out of my stay or is it treated similar to those who are employed by canadian companies / businesses

 

[scylla]

Travel on business cannot be counted as days within Canada. You will have to deduct these days when calculating your residency obligation.

There are very specific requirements that must be met in order to count days spent outside of Canada working for a Canadian company as days in Canada. Your situation (being self employed, traveling outside of Canada on business) does not meet these requirements.

 

[nmustafa]

thank you very much. By way of understanding does self employment get the same treatment as owning a company which may have employees that are citizens or PRs? i,e the legitimacy is the same in terms of how CIC views it?

 

[zardoz]

For the purposes of PR residency obligations, self employed will never be acceptable.
If you are en employee of a Canadian company, it is only acceptable under certain very strict criteria.
Business trips would not be acceptable in any case. Only permanent full time deployment overseas is considered, within certain rules.

 

[nmustafa]

thank you; does the fact that I am an immigrant under the investor program alter the way CIC would look at my residency?

 

[zardoz]

No, I don't believe so. All classes of immigrant are bound by the same legislation. There are no exceptions other than those documented in IRPA/IRPR.

 

[nmustafa]

thanks that is clear. As an investor though, leaving travel aside, am i required to show an employment record ?

 

[zardoz]

That, I cannot answer..

Here is the legislation that I was referring to... http://laws.justice.gc.ca/eng/regulations/SOR-2002-227/page-22.html#h-27

 

[Leon]

The way CIC reviews it is that you must be posted to a full time position outside Canada in order for your days outside to count and who you are working for is also an issue. If immigration feels that you have started your company for the prime purpose of being able to stay outside Canada and still meet the RO, they would not approve.

You wouldn't be asked for an employment records to renew your PR card. You need to list your travels and if they feel that something doesn't match and want more proof that you have been in Canada when you said you were, they will ask for more proof. For an employed person, that would be employment records but if you are self employed, you will have to look for something else, cell phone bills or bank records might show where you were. You could also get a print out of your health records to see when you have visited the doctor because those will prove that you were in Canada at least on those days.

 

[Msafiri]

thank you; does the fact that I am an immigrant under the investor program alter the way CIC would look at my residency?

The investor scheme has set requirements as part of your landing conditions which are reviewed prior to your landing being 'completed' this based on how many jobs you've created for Canadian Citizens/ PRs - check your paperwork it will advice as it was part of your signed agreement. CIC scrutinize very closely investor PR Card renewals as the 'self employment' aspect means its easier to fake residence...you could be catching sun rays in Hawaii while pretending to be living in Canada. I concur with the position detailed above that you need actual physical days to meet the RO.

 

[nmustafa]

thank you so much