Bob

I landed in Canada in 1996, and have since been working for a Canadian company in the
US. Recently the company's scaling back the operations and moving all staff back to
Canada. Can I still use the landing paper to enter Canada? If not, what do I need to
do to enter Canada and keep legal resident status?

Thanks a lot Bob

Berto Volpentes

You should have applied for a Returning Resident Permit at some time.

There is provision in the Act for persons working for Canadian companies.

--
All responses IMHO and no one else's.

Berto Volpentesta Member OPIC, Director OPIC

Sidhu & Volpentesta Inc. Serving People Around the World Since 1991 www.svcanada.com

321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
_________________________________________

Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892 2916
Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503

"Bob" <[email protected]> wrote in message news:[email protected]...
    > I landed in Canada in 1996, and have since been working for a Canadian company in
    > the US. Recently the company's scaling back the operations and moving all staff
    > back to Canada. Can I still use the landing paper to
enter
    > Canada? If not, what do I need to do to enter Canada and keep legal
    > resident status?
    >
    > Thanks a lot Bob

Bob

Thanks a lot for the reply. So can I still use the landing paper (IM 1000) to go back
to Canada? Or should I do something before I travel to Canada?

Thanks again for the help Bob

"Berto Volpentesta" <[email protected]> wrote in message
news:[email protected]...
    > You should have applied for a Returning Resident Permit at some time.
    >
    > There is provision in the Act for persons working for Canadian companies.
    >
    > --
    > All responses IMHO and no one else's.
    >
    > Berto Volpentesta Member OPIC, Director OPIC
    >
    > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
    > www.svcanada.com
    >
    > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
    > _________________________________________
    >
    > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
    > 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
    >
    >
    >
    >
    >
    > "Bob" <[email protected]> wrote in message
news:[email protected]...
    > > I landed in Canada in 1996, and have since been working for a Canadian company in
    > > the US. Recently the company's scaling back the operations
and
    > > moving all staff back to Canada. Can I still use the landing paper to
    > enter
    > > Canada? If not, what do I need to do to enter Canada and keep legal resident
    > > status?
    > >
    > > Thanks a lot Bob
    > >
    >

Anrkist

Any PR outside Canada for longer than 6 months is considered to have lost their PR
status. You state that you have been in the U.S. for 6 years so you are well past
the deadline.

There are provisions for PR's to keep their status if they are outside Canada working
for a Canadian company. This might apply to you but much more information is needed
to make that determination.

I wouldn't show up at the Canadian border until you do more research and perhaps
consult with an immigration lawyer.

"Bob" <[email protected]> wrote in message news:[email protected]...
    > Thanks a lot for the reply. So can I still use the landing paper (IM
1000)
    > to go back to Canada? Or should I do something before I travel to Canada?
    >
    > Thanks again for the help Bob
    >
    >
    > "Berto Volpentesta" <[email protected]> wrote in message
    > news:[email protected]...
    > > You should have applied for a Returning Resident Permit at some time.
    > >
    > > There is provision in the Act for persons working for Canadian
companies.
    > >
    > > --
    > > All responses IMHO and no one else's.
    > >
    > > Berto Volpentesta Member OPIC, Director OPIC
    > >
    > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
    > > www.svcanada.com
    > >
    > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
    > > _________________________________________
    > >
    > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
    > > 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
    > >
    > >
    > >
    > >
    > >
    > > "Bob" <[email protected]> wrote in message
    > news:[email protected]...
    > > > I landed in Canada in 1996, and have since been working for a Canadian company
    > > > in the US. Recently the company's scaling back the operations
    > and
    > > > moving all staff back to Canada. Can I still use the landing paper to
    > > enter
    > > > Canada? If not, what do I need to do to enter Canada and keep legal resident
    > > > status?
    > > >
    > > > Thanks a lot Bob

James Metcalfe

If you can prove conclusivley that you were outside of Canada employed on a ful time
basis by a CDN business you may may not lose your PR status in Canada. See Act 28(2)
(iii). A Cdn business is further defined in Section
61(1) of the regs. Look them up at wwww.cic.gc.ca - If your employer can meet the
definition of Canadain business you should have no problems.

Jim Metcalfe , Consultant and former visa officer

"anrkist" <[email protected]> wrote in message
news[email protected]...
    > Any PR outside Canada for longer than 6 months is considered to have lost their PR
    > status. You state that you have been in the U.S. for 6 years so
you
    > are well past the deadline.
    >
    > There are provisions for PR's to keep their status if they are outside Canada
    > working for a Canadian company. This might apply to you but much
more
    > information is needed to make that determination.
    >
    > I wouldn't show up at the Canadian border until you do more research and perhaps
    > consult with an immigration lawyer.
    >
    >
    > "Bob" <[email protected]> wrote in message
news:[email protected]...
    > > Thanks a lot for the reply. So can I still use the landing paper (IM
    > 1000)
    > > to go back to Canada? Or should I do something before I travel to
Canada?
    > >
    > > Thanks again for the help Bob
    > >
    > >
    > > "Berto Volpentesta" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > You should have applied for a Returning Resident Permit at some time.
    > > >
    > > > There is provision in the Act for persons working for Canadian
    > companies.
    > > >
    > > > --
    > > > All responses IMHO and no one else's.
    > > >
    > > > Berto Volpentesta Member OPIC, Director OPIC
    > > >
    > > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
    > > > www.svcanada.com
    > > >
    > > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
    > > > _________________________________________
    > > >
    > > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
    > > > 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
    > > >
    > > >
    > > >
    > > >
    > > >
    > > > "Bob" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > > I landed in Canada in 1996, and have since been working for a
Canadian
    > > > > company in the US. Recently the company's scaling back the
operations
    > > and
    > > > > moving all staff back to Canada. Can I still use the landing paper
to
    > > > enter
    > > > > Canada? If not, what do I need to do to enter Canada and keep legal resident
    > > > > status?
    > > > >
    > > > > Thanks a lot Bob

Berto Volpentes

There is quite a bit to do. Research the law, determine what documentation is needed
to demonstrate your claim (if any), organize your material.

It is best to be prepared before you go.

--
All responses IMHO and no one else's.

Berto Volpentesta Member OPIC, Director OPIC

Sidhu & Volpentesta Inc. Serving People Around the World Since 1991 www.svcanada.com

321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
_________________________________________

Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892 2916
Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503

"Bob" <[email protected]> wrote in message news:[email protected]...
    > Thanks a lot for the reply. So can I still use the landing paper (IM
1000)
    > to go back to Canada? Or should I do something before I travel to Canada?
    >
    > Thanks again for the help Bob
    >
    >
    > "Berto Volpentesta" <[email protected]> wrote in message
    > news:[email protected]...
    > > You should have applied for a Returning Resident Permit at some time.
    > >
    > > There is provision in the Act for persons working for Canadian
companies.
    > >
    > > --
    > > All responses IMHO and no one else's.
    > >
    > > Berto Volpentesta Member OPIC, Director OPIC
    > >
    > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
    > > www.svcanada.com
    > >
    > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
    > > _________________________________________
    > >
    > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
    > > 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
    > >
    > >
    > >
    > >
    > >
    > > "Bob" <[email protected]> wrote in message
    > news:[email protected]...
    > > > I landed in Canada in 1996, and have since been working for a Canadian company
    > > > in the US. Recently the company's scaling back the operations
    > and
    > > > moving all staff back to Canada. Can I still use the landing paper to
    > > enter
    > > > Canada? If not, what do I need to do to enter Canada and keep legal resident
    > > > status?
    > > >
    > > > Thanks a lot Bob
    > > >
    > > >
    > >
    >

Greg Del Pilar

Hi!

    > If you can prove conclusivley that you were outside of Canada employed on
a
    > ful time basis by a CDN business you may may not lose your PR status in Canada. See
    > Act 28(2) (iii). A Cdn business is further defined in Section
    > 61(1) of the regs. Look them up at wwww.cic.gc.ca - If your employer can meet the
    > definition of Canadain business you should have no problems.
    >

What if he has not paid taxes all those years that he was out of Canada TEST- is that
going to be a problem? (My understanding is, Canadian Prs need to pay taxes on their
world income, regardless of where they work.

Thanks!

Greg

Stuart Brook

Greg Del Pilar wrote:
    >
    > Hi!
    >
    > > If you can prove conclusivley that you were outside of Canada employed on
    > a
    > > ful time basis by a CDN business you may may not lose your PR status in Canada.
    > > See Act 28(2) (iii). A Cdn business is further defined in Section
    > > 61(1) of the regs. Look them up at wwww.cic.gc.ca - If your employer can meet the
    > > definition of Canadain business you should have no problems.
    > >
    >
    > What if he has not paid taxes all those years that he was out of Canada TEST- is
    > that going to be a problem? (My understanding is, Canadian Prs need to pay taxes on
    > their world income, regardless of where they work.
    >
    > Thanks!
    >
    > Greg

This gets really murky. There is (to my knowledge) no actual requirement to pay
Canadian taxes in the law.

BUT not paying Canadian taxes, and more specifically, claiming Canadian non-tax
residence (except where treaties etc may over-rule and make no other option) will be
seen as a sign that you have no intention to reside in or are abandoning Canada.

So, not paying Canadian taxes may be one significant item of evidence of
abandoning PR.

Stuart

Bryan Kellar

To further elaborate on what Canadian tax law says about residency:

- A "resident" must pay Canadian tax on their worldwide income. True.
- If a person becomes a "resident" of Canada, then leaves temporarily, there is not
really a black-and-white guide for exactly when they cease to be residents. This is
one of those things that could be interpreted depending upon the facts and
circumstances of the case. Some of those things could include:
- Time & purpose of the stay abroad (How long until return is foreseen?)
- Residential ties to Canada (Still have a house? Spouse still there? Personal
goods still there? Social ties there?)
- Residential ties elsewhere (How established are you in the new country? Whether
you are a "resident" of the other country.)
- Regularity and frequency of visits to Canada (Frequency, purpose, and purpose
of return visits.)
- The above does not lend itself to asking "If I'm gone two years (three years, pick
a number) will I still owe taxes?" or similar questions. This is one of those
"facts & circumstances" things.
- There is such a thing as a "part-year resident", where you might be subject to tax
for the period you are resident in Canada.

From the tax standpoint, I could easily use this information to build a case that
someone out of the country had "pulled up their stakes" and would not owe Canadian
Tax. The problem is, from the immigration standpoint, that you are trying to prove to
the CCRA that you are NOT a resident, then you will turn around and use the same
information to prove to the CIC that you ARE still a resident.

I would be hesitant to try to exempt yourself from Canadian tax in this situation,
especially since you might not have to pay it anyway, depending upon whether the
other country involved taxes you on the same income. There will usually be some
provision to avoid double taxation.

As usual, this is general information. For specific inquiries, see a tax
professional.

Bryan Kellar, EA Pioneer Tax & Accounting Service Portland, Oregon
www.oregontaxhelp.com

"Stuart Brook" <[email protected] > wrote in message
news:[email protected]...
    > Greg Del Pilar wrote:
    > >
    > > Hi!
    > >
    > > > If you can prove conclusivley that you were outside of Canada employed
on
    > > a
    > > > ful time basis by a CDN business you may may not lose your PR status
in
    > > > Canada. See Act 28(2) (iii). A Cdn business is further defined in
Section
    > > > 61(1) of the regs. Look them up at wwww.cic.gc.ca - If your employer
can
    > > > meet the definition of Canadain business you should have no problems.
    > > >
    > >
    > > What if he has not paid taxes all those years that he was out of
Canada TEST-
    > > is that going to be a problem? (My understanding is, Canadian Prs need
to
    > > pay taxes on their world income, regardless of where they work.
    > >
    > > Thanks!
    > >
    > > Greg
    >
    > This gets really murky. There is (to my knowledge) no actual requirement to pay
    > Canadian taxes in the law.
    >
    > BUT not paying Canadian taxes, and more specifically, claiming Canadian non-tax
    > residence (except where treaties etc may over-rule and make no other option) will
    > be seen as a sign that you have no intention to reside in or are abandoning Canada.
    >
    > So, not paying Canadian taxes may be one significant item of evidence of
    > abandoning PR.
    >
    > Stuart