P.K.

Dear experts,

Could you answer:

* What it means "working for a Canadian company"
in the rule of 2/5 years for pertaining the PR status?

Does this rule apply if the person is a:
- self-employed (with proprietorship or partnership);
- full-time employee of a Canadian corporation, being a (co-)owner of it.

What may be other possible requirements to such a business regarding P.R.
status - amounts and so? What documents should be provided at the border?

* What's the time and money expenses of registering a corporation,
what are difficulties and taxes - some comparison of provinces would be
useful.

* If the business doesn't need any premises, is it possible to get a
domicile address in Canada having yet no home there?

Thank you.

Andrew Miller

It seems that you are thinking of setting up a business solely for the
purpose of meeting residency obligations - it won't work that way as law
clearly prohibits it:

-------------------------------------------------------------
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.
--------------------------------------------------------------

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.liveadvice.com/andrewmiller_canada
________________________________


"P.K." wrote in message news:[email protected]...
    > Dear experts,
    > Could you answer:
    > * What it means "working for a Canadian company"
    > in the rule of 2/5 years for pertaining the PR status?
    > Does this rule apply if the person is a:
    > - self-employed (with proprietorship or partnership);
    > - full-time employee of a Canadian corporation, being a (co-)owner of it.
    > What may be other possible requirements to such a business regarding P.R.
    > status - amounts and so? What documents should be provided at the border?
    > * What's the time and money expenses of registering a corporation,
    > what are difficulties and taxes - some comparison of provinces would be
    > useful.
    > * If the business doesn't need any premises, is it possible to get a
    > domicile address in Canada having yet no home there?
    > Thank you.

P.K.

Dear Mr.Miller,

Thank you for the prompt answer and useful citing.
Sorry, but I have never thought of such fraud that you assign to me.
A company can be set up in another country, with another taxes.
If the company fails to make enough revenue, an officer could probably think
like you.

Thank you.

Andrew Miller wrote in message
news:[email protected]...
    > It seems that you are thinking of setting up a business solely for the
    > purpose of meeting residency obligations - it won't work that way as law
    > clearly prohibits it:
    > -------------------------------------------------------------
    > 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.
    > --------------------------------------------------------------
    > --
    > ../..
    > Andrew Miller
    > Immigration Consultant
    > Vancouver, British Columbia
    > email: [email protected]
    > (delete REMOVE from the above address before sending email)
    > For confidential phone consultation go here:
    > http://members.yahoo.liveadvice.com/andrewmiller_canada
    > ________________________________
    > "P.K." wrote in message
news:[email protected]...
    > > Dear experts,
    > >
    > > Could you answer:
    > >
    > > * What it means "working for a Canadian company"
    > > in the rule of 2/5 years for pertaining the PR status?
    > >
    > > Does this rule apply if the person is a:
    > > - self-employed (with proprietorship or partnership);
    > > - full-time employee of a Canadian corporation, being a (co-)owner of
it.
    > >
    > > What may be other possible requirements to such a business regarding
P.R.
    > > status - amounts and so? What documents should be provided at the
border?
    > >
    > > * What's the time and money expenses of registering a corporation,
    > > what are difficulties and taxes - some comparison of provinces would be
    > > useful.
    > >
    > > * If the business doesn't need any premises, is it possible to get a
    > > domicile address in Canada having yet no home there?
    > >
    > > Thank you.
    > >
    > >
    > >
    > >
    > >
    > >

P.K.

Andrew Miller wrote in message
news:[email protected]...
    > It seems that you are thinking of setting up a business solely for the
    > purpose of meeting residency obligations - it won't work that way as law
    > clearly prohibits it:
    > skip

    > 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.
    > --------------------------------------------------------------

The primary purpose is to gain enough money, at least, for worthy life in
Canada. But under the above exclusion, providing "greater certainty", it
seems difficult to prove, what is the "primary" purpose, even gaining
blns/year. Especially for business owners. OK, but it reminds of "intention"
from the former law: simply be in Canada, and have no problem.

    > --
    > ../..
    > Andrew Miller
    > Immigration Consultant
    > Vancouver, British Columbia
    > email: [email protected]
    > (delete REMOVE from the above address before sending email)
    > For confidential phone consultation go here:
    > http://members.yahoo.liveadvice.com/andrewmiller_canada
    > ________________________________
    > "P.K." wrote in message
news:[email protected]...
    > > Dear experts,
    > >
    > > Could you answer:
    > >
    > > * What it means "working for a Canadian company"
    > > in the rule of 2/5 years for pertaining the PR status?
    > >
    > > Does this rule apply if the person is a:
    > > - self-employed (with proprietorship or partnership);
    > > - full-time employee of a Canadian corporation, being a (co-)owner of
it.
    > >
    > > What may be other possible requirements to such a business regarding
P.R.
    > > status - amounts and so? What documents should be provided at the
border?
    > >
    > > * What's the time and money expenses of registering a corporation,
    > > what are difficulties and taxes - some comparison of provinces would be
    > > useful.
    > >
    > > * If the business doesn't need any premises, is it possible to get a
    > > domicile address in Canada having yet no home there?
    > >
    > > Thank you.
    > >
    > >
    > >
    > >
    > >
    > >