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Residency Obligation if outside of Canada

Residency Obligation if outside of Canada

Old Sep 9th 2004, 1:16 am
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Default Residency Obligation if outside of Canada

Hi Folks,

We are aware that we can claim residency even if you are outside Canada by working with a Canadian Employer.

My question is what are documents or requirements needed to prove to the CIC that you are employed by Canadian Firm and claim the 2/5 residency.

Thanks,

RW
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Old Sep 9th 2004, 2:27 am
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Default Re: Residency Obligation if outside of Canada

Originally Posted by Redwings
Hi Folks,

We are aware that we can claim residency even if you are outside Canada by working with a Canadian Employer.

My question is what are documents or requirements needed to prove to the CIC that you are employed by Canadian Firm and claim the 2/5 residency.

Thanks,

RW
Good question, I would be very interested in the answer as well.
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Old Sep 9th 2004, 2:43 am
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Default Re: Residency Obligation if outside of Canada

Would the employer not be able to vouch for you?
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Old Sep 9th 2004, 5:29 am
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Default Re: Residency Obligation if outside of Canada

Hi Andrew, PMM and Jim H.,

Could you please comment on my query.

I very much appreciate your help.

thanks,

RW


Originally Posted by Redwings
Hi Folks,

We are aware that we can claim residency even if you are outside Canada by working with a Canadian Employer.

My question is what are documents or requirements needed to prove to the CIC that you are employed by Canadian Firm and claim the 2/5 residency.

Thanks,

RW

Last edited by Redwings; Sep 9th 2004 at 5:34 am.
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Old Sep 9th 2004, 5:59 am
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Default Re: Residency Obligation if outside of Canada

Hi Redwings

Originally Posted by Redwings
Hi Andrew, PMM and Jim H.,

Could you please comment on my query.

I very much appreciate your help.

thanks,

RW
You are going to need proof that you were hired by the Canadian parent company, not the overseas subsiduary and probably paid by the parent. An employment contract would probably be required. For taxation purposes you should file Canadian income taxes as well.

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Old Sep 9th 2004, 7:30 am
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Default Re: Residency Obligation if outside of Canada

First of all - employer (Canadian company) must meet very specific requirements:

http://www.canlii.org/ca/regu/sor2-227/sec61.html

It cannot be a company abroad owned by Canadian owner - it has to be a Canadian company in Canada having outgoing operations (for profit) in Canada at all times while you are on assignment abroad.

So, you'll need to prove that you are employed by Canadian company in Canada, that company meets the criteria of "Canadian business", has outgoing operations (for profit) in Canada and that you were sent on assignment abroad.




Originally Posted by Redwings
Hi Folks,

We are aware that we can claim residency even if you are outside Canada by working with a Canadian Employer.

My question is what are documents or requirements needed to prove to the CIC that you are employed by Canadian Firm and claim the 2/5 residency.

Thanks,

RW
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Old Sep 9th 2004, 9:04 am
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Default Re: Residency Obligation if outside of Canada

Thanks Andrew and PMM,

Interesting..

This would mean that everything about your employment should be pre-arranged here in Canada prior to deployment abroad. Somewhere down the line, our SIN should be involved. This is not very easy.




Originally Posted by Andrew Miller
First of all - employer (Canadian company) must meet very specific requirements:

http://www.canlii.org/ca/regu/sor2-227/sec61.html

It cannot be a company abroad owned by Canadian owner - it has to be a Canadian company in Canada having outgoing operations (for profit) in Canada at all times while you are on assignment abroad.

So, you'll need to prove that you are employed by Canadian company in Canada, that company meets the criteria of "Canadian business", has outgoing operations (for profit) in Canada and that you were sent on assignment abroad.
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Old Sep 9th 2004, 9:49 am
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Default Re: Residency Obligation if outside of Canada

It is very easy for those who are really Canadian permanent residents, moved here and started working for Canadian company - but it is not intended to help in any way those who have no intention to move to Canada and obtained Canadian PR status for some other reasons ...

Originally Posted by Redwings
Thanks Andrew and PMM,

Interesting..

This would mean that everything about your employment should be pre-arranged here in Canada prior to deployment abroad. Somewhere down the line, our SIN should be involved. This is not very easy.
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Old Sep 9th 2004, 7:07 pm
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Default Re: Residency Obligation if outside of Canada

Originally Posted by Andrew Miller
It is very easy for those who are really Canadian permanent residents, moved here and started working for Canadian company - but it is not intended to help in any way those who have no intention to move to Canada and obtained Canadian PR status for some other reasons ...
I do not think Redwings was talking about trying to cheat the system.

I believe he was just refering to the fact that if a company wants to temporarily transfer an employee to another country, there are basically 2 ways of doing so:

1)the classical expat contract with the home country
2)a temporary local contract abroud with an agreement putting the home contract into an "at rest" state until the end of the temp. assignment.

the problem is that option 1 is typically about 50-100% more expensive for the company and therefore a hard sell if maintaining your status in Canada depends on it.

In some jobs you get transferred around the world alot. Thats what got me to Canada for 2 years and I loved it so much that I want to make Canada my home base. But If my job depends on taking a 3.5 year assignment out of country before I can obtain Citizenship I would rather do that than become a burden for the welfare system, as long as I do not lose my PR status.
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Old Sep 10th 2004, 12:36 am
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Default Re: Residency Obligation if outside of Canada

Thanks mhhp, you got my point. You abviously have the experience of being on the flying squad. I myself got transfered several times and Canada is already my fifth country base. I enjoyed very much being on an expat contract overseas.

You are right about option your one because the company have to pay your travel and accomodation and as well as education of your kids. For that they will prefer to hire somebody overseas who is qualified to do that work which, alot cheaper. A project assignement overseas would be a good example of temporary contract.

I love Canada as well and I choose to live here. HoweverI compare my financial growth here is slower than the rest of the countries I have lived. Given the chance of employment by a Canadian Firm on expat contract
overseas, I will grab it. Problem is not much Canadian Company who are doing well.

What if you could get a long term job as an expat contract overseas by a foreign company that could give you at least twice as much you get in Canada, would you risk loosing your PR.




Originally Posted by mhhp
I do not think Redwings was talking about trying to cheat the system.

I believe he was just refering to the fact that if a company wants to temporarily transfer an employee to another country, there are basically 2 ways of doing so:

1)the classical expat contract with the home country
2)a temporary local contract abroud with an agreement putting the home contract into an "at rest" state until the end of the temp. assignment.

the problem is that option 1 is typically about 50-100% more expensive for the company and therefore a hard sell if maintaining your status in Canada depends on it.

In some jobs you get transferred around the world alot. Thats what got me to Canada for 2 years and I loved it so much that I want to make Canada my home base. But If my job depends on taking a 3.5 year assignment out of country before I can obtain Citizenship I would rather do that than become a burden for the welfare system, as long as I do not lose my PR status.
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Old Sep 12th 2004, 9:24 pm
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Default Re: Residency Obligation if outside of Canada

Originally Posted by Redwings
Thanks mhhp, you got my point. You abviously have the experience of being on the flying squad. I myself got transfered several times and Canada is already my fifth country base. I enjoyed very much being on an expat contract overseas.

You are right about option your one because the company have to pay your travel and accomodation and as well as education of your kids. For that they will prefer to hire somebody overseas who is qualified to do that work which, alot cheaper. A project assignement overseas would be a good example of temporary contract.

I love Canada as well and I choose to live here. HoweverI compare my financial growth here is slower than the rest of the countries I have lived. Given the chance of employment by a Canadian Firm on expat contract
overseas, I will grab it. Problem is not much Canadian Company who are doing well.

What if you could get a long term job as an expat contract overseas by a foreign company that could give you at least twice as much you get in Canada, would you risk loosing your PR.
Tough Question,

I guess there are alot of influences.
I am originally a german citizen and have worked on an expat contract in UK , Belgium, Canada (2years). I have also had a local contract in the US (2 years) and now moved to a local (very well payed) position in Switzerland a little over a year ago.

However quality of life is alot more than salary and therefore we have applied for pr in Canada just recently. We are slowly preparing to go over and I have contacted some headhunters and am regularly checking the relevant job sites. I do have a family and it would be irresponsible for me to leave my current job until I have something set up in Canada, however I would have no problem accepting a 30-40% pay cut compared to my current salary. Having said that, once we made Canada our home base the line of business that I am in could very well force me to go on an interim assignment abroud again for some time. I would however whish to maintain Canada as my home base and have some sort of a return ticket to Canada from my employer, as this was the case with Germany in the past. This is of course only possible if I do not endanger my PR status.

I guess that is similar to your situation Redwings is it?
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Old Sep 13th 2004, 1:42 am
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Default Re: Residency Obligation if outside of Canada

mhhp, I am in exactly in the same sitatuation you are. I am just slightly ahead because I already have established Canada as my homebase.

To regain my financial strength I`ve lost while living for a few years in Canada, I might have to consider getting an overseas assignment or going down south without jeopardizing my PR. I already experienced that 40+% pay cut in Canada because of the taxes. I am also confident of getting the same job when I decide to come back here because lots of centres are currently being built. I have 2 kids, one in college and the other one is hi-school. In Canada, you need to have a very good plan where you have to settle so as not to get trapped (employment and financial wise). Politics here is a blood sport (BC style) specially if you are working in a government related occupation, very different from Europe. Being a new employee as an immigrant makes you the easiest prey.

I got my education in the UK, worked in Holland/Belgium, Singapore, Hong Kong and Canada. I have a few offers from the US and Asia which I am feeling very tempted but I only have 2 to 3 years not to loose my Canadian PR.


Originally Posted by mhhp
Tough Question,

I guess there are alot of influences.
I am originally a german citizen and have worked on an expat contract in UK , Belgium, Canada (2years). I have also had a local contract in the US (2 years) and now moved to a local (very well payed) position in Switzerland a little over a year ago.

However quality of life is alot more than salary and therefore we have applied for pr in Canada just recently. We are slowly preparing to go over and I have contacted some headhunters and am regularly checking the relevant job sites. I do have a family and it would be irresponsible for me to leave my current job until I have something set up in Canada, however I would have no problem accepting a 30-40% pay cut compared to my current salary. Having said that, once we made Canada our home base the line of business that I am in could very well force me to go on an interim assignment abroud again for some time. I would however whish to maintain Canada as my home base and have some sort of a return ticket to Canada from my employer, as this was the case with Germany in the past. This is of course only possible if I do not endanger my PR status.

I guess that is similar to your situation Redwings is it?
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Old Sep 13th 2004, 2:21 am
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Default Re: Residency Obligation if outside of Canada

Perhaps you could wait until you are able to become a Canadian citizen. That would solve your problem permanently, but it takes 3 years of physical presence in Canada plus another year to process.

Originally Posted by Redwings
Thanks mhhp, you got my point. You abviously have the experience of being on the flying squad. I myself got transfered several times and Canada is already my fifth country base. I enjoyed very much being on an expat contract overseas.

You are right about option your one because the company have to pay your travel and accomodation and as well as education of your kids. For that they will prefer to hire somebody overseas who is qualified to do that work which, alot cheaper. A project assignement overseas would be a good example of temporary contract.

I love Canada as well and I choose to live here. HoweverI compare my financial growth here is slower than the rest of the countries I have lived. Given the chance of employment by a Canadian Firm on expat contract
overseas, I will grab it. Problem is not much Canadian Company who are doing well.

What if you could get a long term job as an expat contract overseas by a foreign company that could give you at least twice as much you get in Canada, would you risk loosing your PR.
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Old Sep 13th 2004, 9:48 pm
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Default Re: Residency Obligation if outside of Canada

Originally Posted by Jim Humphries
Perhaps you could wait until you are able to become a Canadian citizen. That would solve your problem permanently, but it takes 3 years of physical presence in Canada plus another year to process.
Yes Jim,

That is our plan. Allthough I hope we will be able to manage a bit more long term without having to move out of country.

Redwings,

I hope it will not be as tough for us as I am in industry, not government work, which seems to have a little more flexibility. You are definitely a bit ahead of me, looking forward to being in canada soon. Btw. I also have 2 kids 2 and 4 years, so no colledge issues yet, plus our 2 year old is canadian citizen born in C.
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Old Sep 14th 2004, 12:27 am
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Default Re: Residency Obligation if outside of Canada

Thanks Jim,

My initial plan is to get the citizenship first but there is much presure on me financially because my wife does not work and my kid is in college.

I would like to ask another question to you Jim H.
If I am able to stay and accumulate 3 years of residency in Canada, I can apply for citizenship. Applying for the citizenship takea several months before you get your canadian passport. Can I take an overseas assignment right after I file my citizenship even without the canadian passport since I already astisfied the 3 years of residency.



mhhp,

Glad your out of government work, it sucks. I used to work with private firms but here in Canada most of medical jobs are within the government.






Originally Posted by Jim Humphries
Perhaps you could wait until you are able to become a Canadian citizen. That would solve your problem permanently, but it takes 3 years of physical presence in Canada plus another year to process.
Yes Jim,

That is our plan. Allthough I hope we will be able to manage a bit more long term without having to move out of country.

Redwings,

I hope it will not be as tough for us as I am in industry, not government work, which seems to have a little more flexibility. You are definitely a bit ahead of me, looking forward to being in canada soon. Btw. I also have 2 kids 2 and 4 years, so no colledge issues yet, plus our 2 year old is canadian citizen born in C.
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