Working for a Canadian Company outside Canada
Jul 31st 2002, 2:21 am
#1
Just Joined
Thread Starter
Joined: Jul 2002
Posts: 4
Working for a Canadian Company outside Canada
Hi,
Under Bill C-11, permanent residents must spend at least 730 days in Canada during every five-year period. Permanent residents will be able to include as part of the qualifying 730 day period, time spent abroad when (i) working for a Canadian company or Federal/Provincial government, or (ii) accompanying a Canadian Citizen spouse.
I have a small company incorporated in Canada but I spend most of the time outside Canada executing the business services I sell which are overseas. My questions are:
1) Am I considered working for a Canadian company under bill C-11 although the company is actually mine?
2) If I am considered working for a Canadian company under bill C-11, will my days spent out of Canada count towards the 730 days required to maintain residency?
3) And finally, will those days also count towards my right for citizenship after 1095 days?
Appreciate your help.
Thanks,
Sam
Under Bill C-11, permanent residents must spend at least 730 days in Canada during every five-year period. Permanent residents will be able to include as part of the qualifying 730 day period, time spent abroad when (i) working for a Canadian company or Federal/Provincial government, or (ii) accompanying a Canadian Citizen spouse.
I have a small company incorporated in Canada but I spend most of the time outside Canada executing the business services I sell which are overseas. My questions are:
1) Am I considered working for a Canadian company under bill C-11 although the company is actually mine?
2) If I am considered working for a Canadian company under bill C-11, will my days spent out of Canada count towards the 730 days required to maintain residency?
3) And finally, will those days also count towards my right for citizenship after 1095 days?
Appreciate your help.
Thanks,
Sam
Jul 31st 2002, 5:20 am
#2
Guest
Posts: n/a
Re: Working for a Canadian Company outside Canada
This is exactly what Regulations say about it:
DIVISION 2 RESIDENCY OBLIGATION
Canadian business
61. (1) Subject to subsection (2), for the purposes of subparagraphs
61(1)(a)(i) 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 by the laws of Canada or a province.
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.
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"Sam1972" <[email protected]> wrote in message
news:[email protected]...
> Hi,
>
> Under Bill C-11, permanent residents must spend at least 730 days in Canada
> during every five-year period. Permanent residents will be able to include as
> part of the qualifying 730 day period, time spent abroad when (i) working for a
> Canadian company or Federal/Provincial government, or (ii) accompanying a
> Canadian Citizen spouse.
>
> I have a small company incorporated in Canada but I spend most of the time outside
> Canada executing the business services I sell which are overseas. My questions are:
>
> 1) Am I considered working for a Canadian company under bill C-11 although the
> company is actually mine?
>
> 2) If I am considered working for a Canadian company under bill C-11, will my days
> spent out of Canada count towards the 730 days required to maintain residency?
>
> 3) And finally, will those days also count towards my right for citizenship after
> 1095 days?
>
> Appreciate your help.
>
> Thanks,
>
> Sam
>
>
>
> --
DIVISION 2 RESIDENCY OBLIGATION
Canadian business
61. (1) Subject to subsection (2), for the purposes of subparagraphs
61(1)(a)(i) 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 by the laws of Canada or a province.
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.
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"Sam1972" <[email protected]> wrote in message
news:[email protected]...
> Hi,
>
> Under Bill C-11, permanent residents must spend at least 730 days in Canada
> during every five-year period. Permanent residents will be able to include as
> part of the qualifying 730 day period, time spent abroad when (i) working for a
> Canadian company or Federal/Provincial government, or (ii) accompanying a
> Canadian Citizen spouse.
>
> I have a small company incorporated in Canada but I spend most of the time outside
> Canada executing the business services I sell which are overseas. My questions are:
>
> 1) Am I considered working for a Canadian company under bill C-11 although the
> company is actually mine?
>
> 2) If I am considered working for a Canadian company under bill C-11, will my days
> spent out of Canada count towards the 730 days required to maintain residency?
>
> 3) And finally, will those days also count towards my right for citizenship after
> 1095 days?
>
> Appreciate your help.
>
> Thanks,
>
> Sam
>
>
>
> --
Jul 31st 2002, 10:20 am
#3
Guest
Posts: n/a
Re: Working for a Canadian Company outside Canada
Andrew I guess one of the problems here is going to be that someone only stands to
find out for sure if their company counts or not is at PR card application/renewal
time and it will be then be too late to recover the situation by spending time in
Canada if there is a problem.
Plus, even if days spent abroad in this circumstance counted for maintaining PR, they
would not count for citizenship. Correct?
Jeremy
>On Wed, 31 Jul 2002 16:05:05 GMT, "Andrew Miller" <millercitelus.net> wrote: This is
>exactly what Regulations say about it:
>
>DIVISION 2 RESIDENCY OBLIGATION
>
>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 by the laws of Canada or a province.
>
>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.
>
>--
>
>../..
>
>Andrew Miller Immigration Consultant Vancouver, British Columbia email:
>millercicanada.com (delete REMOVE and INVALID from the above address before
>sending email)
>________________________________
>
>
>
>"Sam1972" <[email protected]> wrote in message
>news:[email protected]...
>> Hi,
>>
>> Under Bill C-11, permanent residents must spend at least 730 days in Canada during
>> every five-year period. Permanent residents will be able to include as part of the
>> qualifying 730 day period, time spent abroad when (i) working for a Canadian
>> company or Federal/Provincial government, or (ii) accompanying a Canadian Citizen
>> spouse.
>>
>> I have a small company incorporated in Canada but I spend most of the time
>> outside Canada executing the business services I sell which are overseas. My
>> questions are:
>>
>> 1) Am I considered working for a Canadian company under bill C-11 although the
>> company is actually mine?
>>
>> 2) If I am considered working for a Canadian company under bill C-11, will my days
>> spent out of Canada count towards the 730 days required to maintain residency?
>>
>> 3) And finally, will those days also count towards my right for citizenship after
>> 1095 days?
>>
>> Appreciate your help.
>>
>> Thanks,
>>
>> Sam
>>
>>
>>
>> --
>
find out for sure if their company counts or not is at PR card application/renewal
time and it will be then be too late to recover the situation by spending time in
Canada if there is a problem.
Plus, even if days spent abroad in this circumstance counted for maintaining PR, they
would not count for citizenship. Correct?
Jeremy
>On Wed, 31 Jul 2002 16:05:05 GMT, "Andrew Miller" <millercitelus.net> wrote: This is
>exactly what Regulations say about it:
>
>DIVISION 2 RESIDENCY OBLIGATION
>
>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 by the laws of Canada or a province.
>
>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.
>
>--
>
>../..
>
>Andrew Miller Immigration Consultant Vancouver, British Columbia email:
>millercicanada.com (delete REMOVE and INVALID from the above address before
>sending email)
>________________________________
>
>
>
>"Sam1972" <[email protected]> wrote in message
>news:[email protected]...
>> Hi,
>>
>> Under Bill C-11, permanent residents must spend at least 730 days in Canada during
>> every five-year period. Permanent residents will be able to include as part of the
>> qualifying 730 day period, time spent abroad when (i) working for a Canadian
>> company or Federal/Provincial government, or (ii) accompanying a Canadian Citizen
>> spouse.
>>
>> I have a small company incorporated in Canada but I spend most of the time
>> outside Canada executing the business services I sell which are overseas. My
>> questions are:
>>
>> 1) Am I considered working for a Canadian company under bill C-11 although the
>> company is actually mine?
>>
>> 2) If I am considered working for a Canadian company under bill C-11, will my days
>> spent out of Canada count towards the 730 days required to maintain residency?
>>
>> 3) And finally, will those days also count towards my right for citizenship after
>> 1095 days?
>>
>> Appreciate your help.
>>
>> Thanks,
>>
>> Sam
>>
>>
>>
>> --
>
Jul 31st 2002, 10:20 am
#4
Guest
Posts: n/a
Re: Working for a Canadian Company outside Canada
Yes Jeremy, you are correct. The intention of the law was to give CIC tools to weed
out those who create a Canadian business for the sole purpose of maintaining their PR
status and there will be a lot of people getting a shock of their life when applying
for PR Card or it's renewal.
And of course such absence never counts as residence in Canada for the citizenship
eligibility.
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"JAJ" <[email protected]> wrote in message
news:[email protected]...
> Andrew I guess one of the problems here is going to be that someone only stands to
> find out for sure if their company counts or not is at PR card application/renewal
> time and it will be then be too late to recover the situation by spending time in
> Canada if there is a problem.
>
> Plus, even if days spent abroad in this circumstance counted for maintaining PR,
> they would not count for citizenship. Correct?
>
> Jeremy
>
>
> >On Wed, 31 Jul 2002 16:05:05 GMT, "Andrew Miller"
<millercitelus.net> wrote:
> >This is exactly what Regulations say about it:
> >
> >DIVISION 2 RESIDENCY OBLIGATION
> >
> >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 by the laws of Canada or a
province.
> >
> >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.
> >
> >--
> >
> >../..
> >
> >Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> >millercicanada.com (delete REMOVE and INVALID from the above address before
> >sending email)
> >________________________________
> >
> >
> >
> >"Sam1972" <[email protected]> wrote in message
> >news:[email protected]...
> >> Hi,
> >>
> >> Under Bill C-11, permanent residents must spend at least 730 days in Canada
> >> during every five-year period. Permanent residents will be able to include as
> >> part of the qualifying 730 day period, time spent abroad when (i) working for a
> >> Canadian company or Federal/Provincial government, or (ii) accompanying a
> >> Canadian Citizen spouse.
> >>
> >> I have a small company incorporated in Canada but I spend most of the time
> >> outside Canada executing the business services I sell which are overseas. My
> >> questions are:
> >>
> >> 1) Am I considered working for a Canadian company under bill C-11 although the
> >> company is actually mine?
> >>
> >> 2) If I am considered working for a Canadian company under bill C-11, will my
> >> days spent out of Canada count towards the 730 days required to maintain
> >> residency?
> >>
> >> 3) And finally, will those days also count towards my right for citizenship
> >> after 1095 days?
> >>
> >> Appreciate your help.
> >>
> >> Thanks,
> >>
> >> Sam
> >>
> >>
> >>
> >> --
> >>
> >
out those who create a Canadian business for the sole purpose of maintaining their PR
status and there will be a lot of people getting a shock of their life when applying
for PR Card or it's renewal.
And of course such absence never counts as residence in Canada for the citizenship
eligibility.
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"JAJ" <[email protected]> wrote in message
news:[email protected]...
> Andrew I guess one of the problems here is going to be that someone only stands to
> find out for sure if their company counts or not is at PR card application/renewal
> time and it will be then be too late to recover the situation by spending time in
> Canada if there is a problem.
>
> Plus, even if days spent abroad in this circumstance counted for maintaining PR,
> they would not count for citizenship. Correct?
>
> Jeremy
>
>
> >On Wed, 31 Jul 2002 16:05:05 GMT, "Andrew Miller"
<millercitelus.net> wrote:
> >This is exactly what Regulations say about it:
> >
> >DIVISION 2 RESIDENCY OBLIGATION
> >
> >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 by the laws of Canada or a
province.
> >
> >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.
> >
> >--
> >
> >../..
> >
> >Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> >millercicanada.com (delete REMOVE and INVALID from the above address before
> >sending email)
> >________________________________
> >
> >
> >
> >"Sam1972" <[email protected]> wrote in message
> >news:[email protected]...
> >> Hi,
> >>
> >> Under Bill C-11, permanent residents must spend at least 730 days in Canada
> >> during every five-year period. Permanent residents will be able to include as
> >> part of the qualifying 730 day period, time spent abroad when (i) working for a
> >> Canadian company or Federal/Provincial government, or (ii) accompanying a
> >> Canadian Citizen spouse.
> >>
> >> I have a small company incorporated in Canada but I spend most of the time
> >> outside Canada executing the business services I sell which are overseas. My
> >> questions are:
> >>
> >> 1) Am I considered working for a Canadian company under bill C-11 although the
> >> company is actually mine?
> >>
> >> 2) If I am considered working for a Canadian company under bill C-11, will my
> >> days spent out of Canada count towards the 730 days required to maintain
> >> residency?
> >>
> >> 3) And finally, will those days also count towards my right for citizenship
> >> after 1095 days?
> >>
> >> Appreciate your help.
> >>
> >> Thanks,
> >>
> >> Sam
> >>
> >>
> >>
> >> --
> >>
> >
