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Important -Living outside Canada while working for a Canadian company -Experts please

Important -Living outside Canada while working for a Canadian company -Experts please

Old Jun 13th 2004, 5:45 pm
  #1  
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Default Important -Living outside Canada while working for a Canadian company -Experts please

Hi,

Mr. Miller , Mr. Jim and others please let me know the following thiing-

As per the document I have received with my PR card-

It says " Permanent residents must phisically present in Canada for a min of 730 days in every 5 years. You may also satisfy your residency obligation , as specified in the regulations, if you are:

a. Living outside Canada while working for a Canadian business or the public service of Canada or a province. or

b. Living outside Canda accompanying a Canadian citizen, or

c. Living outside Canada accompanying a permanent resident employed by a Canadian business or in the public serive of Canada or a province. "


My question is regarding the rule a. And that is-

Suppose a company like Nortel which has branches through out the world. And suppose If I get a job in Nortel, Dallas and stay and work in U.S. Then, will the rule a. work for me ?
As Nortel is a Canadian origin company and thus Canadian business, no matter where it is located.





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Old Jun 13th 2004, 6:11 pm
  #2  
 
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Default Re: Important -Living outside Canada while working for a Canadian company -Experts please

No, it won't work. Nortel in Texas is an American company, not a Canadian one, regardless that it is owned by Canadian Nortel.

In order to benefit from the provision you quoted you must be employed by Nortel in Canada and sent on assignment to Nortel in Texas - just to follow your example.



Originally posted by Goodwisher
Hi,

Mr. Miller , Mr. Jim and others please let me know the following thiing-

As per the document I have received with my PR card-

It says " Permanent residents must phisically present in Canada for a min of 730 days in every 5 years. You may also satisfy your residency obligation , as specified in the regulations, if you are:

a. Living outside Canada while working for a Canadian business or the public service of Canada or a province. or

b. Living outside Canda accompanying a Canadian citizen, or

c. Living outside Canada accompanying a permanent resident employed by a Canadian business or in the public serive of Canada or a province. "


My question is regarding the rule a. And that is-

Suppose a company like Nortel which has branches through out the world. And suppose If I get a job in Nortel, Dallas and stay and work in U.S. Then, will the rule a. work for me ?
As Nortel is a Canadian origin company and thus Canadian business, no matter where it is located.





Goodwisher
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Old Jun 18th 2004, 3:31 am
  #3  
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Default Re: Important -Living outside Canada while working for a Canadian company -Experts please

Originally posted by Andrew Miller
No, it won't work. Nortel in Texas is an American company, not a Canadian one, regardless that it is owned by Canadian Nortel.

In order to benefit from the provision you quoted you must be employed by Nortel in Canada and sent on assignment to Nortel in Texas - just to follow your example.
HI, but if I worked for my own canadian company and have to stay in US?
Will it count torwards Canadian citezenship or, I'd lose my PR?

Thanks
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Old Jun 18th 2004, 4:02 am
  #4  
 
Joined: May 2004
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Default Re: Important -Living outside Canada while working for a Canadian company -Experts please

First of all you need to stop confusing two completely separate matters ruled by two independent laws.

Citizenship and eligibility for such is ruled by Citizenship Act that has nothing to do with immigration and PR status matters. Citizenship Act requires you to accumulate 1,095 days of residence in Canada within 4 years preceding citizenship application in order to be eligible to apply. Working for Canadian company abroad will not count towards citizenship at all.

Your PR status and your obligations as a PR are ruled by IRPA and it's Regulations. In order to keep your PR status you must be physically residing in Canada for at least 730 days (2 years) in every 5 years period. Days abroad while working for **qualified Canadian company** may be counted as days in Canada for this purpose. But in order to qualify Canadian company must have ongoing operations (for profit) and employees in Canada while you are on assignment abroad and company cannot be established for the purpose of meeting residency obligations.

Setting up your own company solely for the purpose of meeting residency obligations won't work - you are not the first and not the last one trying...


Originally posted by yanka
HI, but if I worked for my own canadian company and have to stay in US?
Will it count torwards Canadian citezenship or, I'd lose my PR?

Thanks
Andrew Miller is offline  

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