smky

Hi all,

Firstly can i just say this is a fantastic site. I've been following it for over 7 yrs and this is my first posting...(be gentle).

My story - applied for business visa in 2004 and finally landed in vancouver 20th august 2008 and came back to the UK after 2 weeks. We recieved our Permanent Residence Cards shortly afterwards which has a expiry date of 28th sept 2013.

My query - we are planning to go back to vancouver permanently 9th august 2010. Are the cards/visas still valid?

Thanks in advance.

Simon Legree

Didn't you just ask this in the Immigration Forum ?

Aviator

Once you have activated your PR, so long as you maintain the residency requirements of 2 years in 5, everything is fine. Problem with being away for two years is you have to stay in country for the following three years, so cannot go out of the country under any circumstances.

crazy72

It depends from the category in Business class you applied under. If you applied as Investor or Self-Employed and received PR visa without any conditions then you are still OK with your chance to meet residency obligations (730 days in Canada in every 5 years period). Expiration date of PR Card is irrelevant - what counts is how many days of presence in Canada you can prove.

But if you applied as Entrepreneur then you may already be busted or almost busted with very little chance to fulfill conditions of your visa - as Entrepreneur you received the conditional PR visa and had the obligation to establish qualifying Canadian business, create at least 2 permanent jobs for Canadian and run it for at least 12 months:

http://www.cic.gc.ca/english/immigra...conditions.asp

Qualifying Canadian business means a business operated in Canada by an entrepreneur—other than a business operated primarily for the purpose of deriving investment income, such as interest, dividends or capital gains—for which there is in any year within the period of three years after the day the entrepreneur becomes a permanent resident documentary evidence of any two of the following:

- the percentage of equity multiplied by the number of full-time job equivalents is equal to or greater than two full-time job equivalents per year;
- the percentage of equity multiplied by the total annual sales is equal to or greater than $250,000;
- the percentage of equity multiplied by the net income in the year is equal to or greater than $25,000; and
- the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000.


If you applied as Entrepreneur and can't prove meeting all of the above by the third anniversary of your landing (by August 20 2011) then your PR status may be revoked, regardless meeting residency obligations. I don't think you have enough time left to be able to meet the above obligations in time if you want to move to Canada in August this year. You would have to have a fully operating business entity, meeting the above requirements by not later than coming August 20 and keep it running and meeting requirements for the following 12 months period, ending not later than August 20 2011. If you can do it all within 10 days from moving to Canada you'll be a hero for other Entrepreneurs facing problems with their visas conditions.

raymasa

The OP will still have three years (of the five), so the OP can leave the country for another year and still be able to maintain 2 out of 5 requirement.

Or may I missing something?

Ray

smky

wow...

I am currently going as a Entrepreneur and joining my brother in his auto business (although his turnover is alot less then needed).

But is there a way to change this to an investor once i am there (in case the business does not work out)?

Thanks...

crazy72

No, you can't change anything now. You received PR visa with conditions, you used it to land, you signed the acknowledgment of those conditions during the landing process and now you have to fulfill the conditions or say bye bye to PR status. Joining existing business is OK as long as you joining and investing will result in adding to existing business the conditions you have to meet.

You just can't join or purchase existing business and leave it as it was before you joined - you becoming a managing partner (yes, you have to manage daily operations) or the new owner must result with as least 2 out of 4 and multiplied by your share in business - additional 2 full time jobs, additional revenues of $250,000, additional profit of $25,000 and additional equity of $125,000.

Your share must be at least 1/3 of the business. If you are joining the business as a minimum 1/3 partner then the numbers above (addition of employees, sales, profit and equity) must be multiplied by 3. If you are joining business as 50% partner then the above numbers must be multiplied by the factor of 2.

This is why I stated earlier that I don't think you have enough time left to meet the conditions. There is too much for the existing business to achieve within 10 days from your arrival and keep it at the required level for next 12 months. I can't see how it can be possible under the circumstances.

Here is the chapter of Immigration Manual dealing with monitoring of Entrepreneurs and with the process of conditions removal:

http://www.cic.gc.ca/english/resourc...p/ip07-eng.pdf

I suggest you read it carefully several times until you fully understand the overwhelming now (at such late time) task ahead of you. As you'll find out you are already in troubles as you missed 2 mandatory periods of monitoring and reporting.

Aviator

They have already been out 25 days shy of two years by my math, August 20 2008 to August 9 2010
(incl. 2 weeks here after landing).

crazy72

The residency obligation is 730 days (2 years combined) of presence in Canada in every rolling 5 years. It means PR may be abroad for up to 3 years (less 1 day) and then stay put in Canada for 730 days.

Thus OP's problem is not with residency obligations - it is with meeting the conditions of his Entrepreneur PR visa, which he, under circumstances he described, will be most likely unable to meet. Unless he starts within 10 days of his move to Canada a business, immediately employs 2 Canadians full time, keeps them for next 12 months and meets required financial requirements of Qualified Canadian Business within that 12 months period ending August 20 2011.

I'm not saying that it is an impossible task. With enough cash to burn (while forgetting about any profit), creativity and determination it can be done, although some miracle will likely be needed in addition to a lot of cash (at least $125,000 for assets plus 12 months salary for 2 full time employees plus 12 months operating expenses). Going through Investor category (like myself) would have been a lot cheaper in OP's situation.

Aviator

You are quite right, I got it back to front.

I still would not push it more than necessary, one may find oneself being unable to maintain residency if you have to leave for an emergency.

smky

Thank you all for your replies.

Time to do some thinking...