Danyaz

Hi all,

Been a long time since we posted.

As the title stated, we landed in March 2016, all went well but we have yet to return to Canada. Just after we landed, our circumstances changed and my company won a contract resulting in my company pleading with me to stay for 3 years. Being a loyal person, i decided that we should stay.

Our intention was to return to Canada in January 2019 which is leaving time really tight. However, company circumstances have change again and my company has won a large contract which is difficult for them to handle with me not being there. The contract doesn't end until November 2019.

Clearly, you can see my dilemma.

Has anyone ever heard of CIC extending the 5 years ?

Thanks

DY

Former Lancastrian

No they will not extend. You could always marry a Canadian and have them move out wherever you are then the residency obligation wouldn't matter.

Danyaz

Erm, not sure my wife would like that !

Siouxie

Unfortunately, unless you return to Canada in time (and don't leave for any reason) then you will lose your PR status - there is no leeway given.

What you will need to decide is which is more important to you for the future - the contract that will result in your losing PR (with no guarantee that your job will extend past November 2019) or to come to Canada? None of us are indispensable, so I think the company are being a little unfair expecting you to give up your Canadian plans for their benefit.

Is there any chance you could work remotely for part of the contract, perhaps?

Edited to add.. having read over your old posts, I see that you applied in 2010 under the old FSW stream.. and waited a long time to get your PR. I read that you were contractually obligated to remain in the UK until December 2018, but why would you risk losing your PR when you have worked so hard (and so long) to get it? Have you changed your mind about wanting to live in Canada? If you still want to and you let your PR status slide, I would think it unlikely that you would 'get in' under the new Express Entry stream and the entrepreneur stream would take even more work to be successful.

I would think long and hard - and do what is right for you and your family, rather than the employer!

MB-Realtor

Would it be legal for him and his family to move to Canada, incorporate a Canadian corporation, which would then employ him, and then contract him out to the UK company.

Is it not OK for a PR to be out of Canada provided they are employed by a Canadian company for the duration of their being outside Canada.

??????

Former Lancastrian

6.2 Canadian business
The definition applies to both large and small businesses, and includes:

 federally or provincially incorporated businesses which 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;
 enterprises which have been created by the laws of Canada or a province.
Note: It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy his or her residency obligation while residing outside of Canada R61(2).
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

MillieF

Why did you want to come to Canada in the first place?

If it was because you were seeking a challenge....that now seems to be provided by your change of work, then all is well, but if it was because you have had a long held dream to come to Canada then you have to come and stay.

You, and you family, are the ones who decide, not an employer...who didn't want to realize your value until you said you were moving to Canada.

Best of luck

Snowy560

The longer you leave it to move to Canada, the harder you'll find it to do so.

My guess is that even if you stay with your original plan of moving in Jan 2019 something will come up to make you Question whether you will. Well it already has and will again. It's often a bit like having a baby: it's never the perfect time.

Immigrating involves risk and uncertainty. You have to make the tough decisions.

You'll have to decide if the Canadian project is really for you. Maybe it isnt: that's something you need to explore. Your employer will undoubtedly try to keep you. It's up to you to draw the line if you want to do so.

Perhaps you could explore remote working for your employer.

Many of us had to take really difficult moving decisions myself included. But if you're going to move to Canada, I'd suggest moving over well before January 2019 for several reasons related to how likely you are (in my opinion) to make a go of it and of course your Residency Obligation.

I know it's tough but you have to be tough too even if it means deciding Canada isn't for you.

MarylandNed

The only dilemma I see is that you don't want to leave your job. With respect, if you really wanted to be in Canada, you'd be there already. You have to ask yourself what you really want.

Oakvillian

I think everyone's already said what needs to be said.

If you want to come to Canada, tell your employer to do one.

If you don't want to come to Canada, continue where you are.

Sounds to me like it's time to sh!t or get off the pot.