Working for a Canadian company out of Canada
Mar 20th 2012, 2:02 am
#1
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Joined: Sep 2008
Posts: 31
Working for a Canadian company out of Canada
If I am working for a Canadian Private Company and posted abroad (out of Canada) what do I need to do to keep my Canadian PR? What do I need to show?
Mar 20th 2012, 2:49 am
#2
Joined: Sep 2008
Posts: 12,830
Re: Working for a Canadian company out of Canada
You need 730 days in preceding 5 years in Canada. Working for the govt. in the military or with Canadian spouse all count, private companies don't. Fortunately for me, Canadian registered aircraft are considered part of Canada wherever in the world they are so I could work and still be considered in Canada.
Mar 20th 2012, 3:03 am
#3
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Joined: May 2004
Posts: 9,708
Re: Working for a Canadian company out of Canada
Hi
Sorry, wrong. Here is what the Immigration Act states about preserving PR status
28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Marginal note:Application
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
Canadian business
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.
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.
You need 730 days in preceding 5 years in Canada. Working for the govt. in the military or with Canadian spouse all count, private companies don't. Fortunately for me, Canadian registered aircraft are considered part of Canada wherever in the world they are so I could work and still be considered in Canada.
28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Marginal note:Application
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
Canadian business
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.
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.
Mar 21st 2012, 2:00 am
#4
Forum Regular
Thread Starter
Joined: Sep 2008
Posts: 31
Re: Working for a Canadian company out of Canada
Hi
Sorry, wrong. Here is what the Immigration Act states about preserving PR status
28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Marginal note:Application
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
Canadian business
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.
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.
Sorry, wrong. Here is what the Immigration Act states about preserving PR status
28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Marginal note:Application
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
Canadian business
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.
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.
Mar 21st 2012, 4:12 am
#5
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: Working for a Canadian company out of Canada
Hi
If the company meets the definition and you are hired in Canada and then posted to an overseas position, then yes.
PMM, thanks for your reply. Just to be clear, I am in the software industry and most likely I will be working for a privately held software company in Canada (owned by Canadians). However during this time period there is a possibility that I might be stationed overseas (outside of Canada). Therefore will this be counted?
If the company meets the definition and you are hired in Canada and then posted to an overseas position, then yes.
Mar 27th 2012, 1:49 am
#6
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Thread Starter
Joined: Sep 2008
Posts: 31
Re: Working for a Canadian company out of Canada
Thanks but how will the Canadian authorities know that I have been stationed overseas while being stationed in Canada? Is a letter from the Canadian Company enough or do I need to show bank statements?
Mar 27th 2012, 1:28 pm
#7
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Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,849
Re: Working for a Canadian company out of Canada
I assume you will be completing tax returns while employed by the Canadian business? Normally a letter from the Canadian business is sufficient however the onus would be upon you to show that you met the residency obligation if asked about it. Im sure your HR dept could help you out.
As PMM pointed out make sure the company is actually a Canadian business as per the definition.
As PMM pointed out make sure the company is actually a Canadian business as per the definition.
Mar 27th 2012, 5:10 pm
#8
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: Working for a Canadian company out of Canada
Hi
The OP will need more than a letter. S/he should read some of the decisions of the IAD at http://www.canlii.org/en/ca/irb/index.html Search on Residency and Canadian Company.
I assume you will be completing tax returns while employed by the Canadian business? Normally a letter from the Canadian business is sufficient however the onus would be upon you to show that you met the residency obligation if asked about it. Im sure your HR dept could help you out.
As PMM pointed out make sure the company is actually a Canadian business as per the definition.
As PMM pointed out make sure the company is actually a Canadian business as per the definition.
The OP will need more than a letter. S/he should read some of the decisions of the IAD at http://www.canlii.org/en/ca/irb/index.html Search on Residency and Canadian Company.
Mar 28th 2012, 1:54 am
#9
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Thread Starter
Joined: Sep 2008
Posts: 31
Re: Working for a Canadian company out of Canada
Its not that I will be officially posted, but I will have to travel on and off (for a couple of months) on certain assignments overseas while being employed by the Canadian business.
