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canadian business for residency requirement

canadian business for residency requirement

Old Aug 26th 2003, 3:36 pm
  #1  
Tropicalisland
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Posts: n/a
Default canadian business for residency requirement

Hi,

I was wondering what is considered Canadian business? I was reading
requirements for applying Canadian residency requirement. It says that if I
work in a Canadian business I can count days outside of Canada as residency
requirement. I work in US in Lucent which has a base in Canada. Is that
considered a Canadian business?

Thanks,
Sophia
 
Old Aug 26th 2003, 3:46 pm
  #2  
Andrew Miller
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Posts: n/a
Default Re: canadian business for residency requirement

If you were hired by Lucent outside Canada then it doesn't count. You must
be employed by a company in Canada and assigned to work abroad. See here:

---------------------------------------------------------
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: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Tropicalisland" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    > I was wondering what is considered Canadian business? I was reading
    > requirements for applying Canadian residency requirement. It says that if
I
    > work in a Canadian business I can count days outside of Canada as
residency
    > requirement. I work in US in Lucent which has a base in Canada. Is that
    > considered a Canadian business?
    > Thanks,
    > Sophia
 

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