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Help: Mr. Miller; working offshore for canadian based firm

Help: Mr. Miller; working offshore for canadian based firm

Old Feb 1st 2006, 7:21 pm
  #1  
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Default Help: Mr. Miller; working offshore for canadian based firm

Hi all,
Presently I am working for US based employer providing services to Jamaican government at Kingston, Jamaica. I did complete my landing requirement last month and applied for SIN and open a bank account. My present employer is opening a branch at Toronto for their business expansion at Canada. My contract will be generated from their Canadian office and all of my income taxes will be paid locally there.

My question is; would it be considered as my legal stay requirement toward maintaining PR status (700 something days) and later for citizenship application (completion of 1100 something days)? Keep in mind I will be employee of Canadian based firm but working offshore (outside of canada) and paying tax on my monthly income at Canada.

Did any body have gone or going through situation like this?
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Old Feb 1st 2006, 9:21 pm
  #2  
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Default Re: Help: Mr. Miller; working offshore for canadian based firm

HI

Originally Posted by aat147
Hi all,
Presently I am working for US based employer providing services to Jamaican government at Kingston, Jamaica. I did complete my landing requirement last month and applied for SIN and open a bank account. My present employer is opening a branch at Toronto for their business expansion at Canada. My contract will be generated from their Canadian office and all of my income taxes will be paid locally there.

My question is; would it be considered as my legal stay requirement toward maintaining PR status (700 something days) and later for citizenship application (completion of 1100 something days)? Keep in mind I will be employee of Canadian based firm but working offshore (outside of canada) and paying tax on my monthly income at Canada.

Did any body have gone or going through situation like this?
1. Residency for PR and citizenship are 2 different things. Firstly residence for citizenship requires actual physical residence (except if you are working overseas for the Public service).
2. Working for a Canadian employer overseas to maintain Pr status means the employer has to conform to the follow Immigration Regulation.

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

"

Unless the branch meets the criteria of being owned by Canadians or PRs then your employment will not count towards residency for PR requirements.


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Old Feb 2nd 2006, 3:20 pm
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Default Re: Help: Mr. Miller; working offshore for canadian based firm

Thanks PMM. I will pass this info to my company's lawyer.
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