Leon for God sake help me

[doaacj]

Hi Leon, For God sake help me. I am a single mother and I landed without my 2 kids in 6/2010 although they were included in the immigration file and stayed  for 2 months till I had my PR and SIN and then had to travel back  to Egypt becuase I could not stay away from my kids more than this.  While in Egypt the father of my kids died and NOW I am strugeling with my kids' grandfather to allow them to travel to Canada with me.

The worest case is that thier Grandfather could possibly refuses that they travel with me. Reading IMM 5445 has shown that :
" OPTION 2. Employment outside Canada

You may count each day you worked outside Canada provided that your employment meets the following criteria:

•you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province and
•you are assigned on a full-time basis to:
◦a position outside Canada
◦an affiliated enterprise outside Canada or
◦a client of the Canadian business or the public service outside Canada
For the purposes of this application, a Canadian business is defined as:

•a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
•an enterprise that has:
a.an ongoing operation in Canada
b.is capable of generating revenue
c.is carried out in anticipation of profit
d.in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above or
•an organization or enterprise created by the laws of Canada or a province"


Could you plz advise me what does this part mean excatly? I mean if I can get back to Canada and incorporate a company let's stay import and export one, would this allow me to stay in Egypt and meanwhile counts my days towards the 1093 days required?

one last question plz, do u think working in Canadian non for profit organization likethe Canadian chamber of commerce in Egypt will be considered the same or does it has to be a profit generating company?

I am so sorry for that long question but for God sake help me.

Thanks in advance

[doaacj]

Sure any one who could help is welcomed plzzzzzzzzzz

[scylla]

I think you may be confusing two separate rules. To maintain PR status, you must live in Canada 730 days (2 years) out of every five years. To qualify for citizenship, you must have lived in Canada for 1095 days (3 years) out of the last 4 years.

Coming to Canada, incorporating a company here and then returning to Egypt will not allow you to count your days outside of Canada towards maintaining PR status. To count these days, you would have to be hired to work in Canada by an established Canadian company - and then at a later date transferred to work abroad.

Hopefully someone can answer the rest of your questions.

Good luck.

[Leon]

Try your hardest to win full custody of your children so you can take them to Canada with you.  If you all enter Canada, still with valid PR cards but without meeting the 730 days requirement, you will probably be allowed to enter Canada without being reported.  If you are, you have two options.  1. Apply for PR card renewal without meeting the residency requirementsm stating Humane and compassionate reasons why you could not meet them.  It may be granted based on that your husband died and you got locked into a custody battle with his father.  2. If you don't want to take that chance, just stay in Canada for a full 2 years without leaving and then apply to renew your PR cards.  As you will then meet the residency requirements again, they will renew.

If you are reported on entry, you can appeal based on H and C reasons.  If you can't leave Egypt by the time your PR card expires, you can apply for a travel document later stating H and C reasons but this is not guaranteed to be granted.

[doaacj]

I think you may be confusing two separate rules. To maintain PR status, you must live in Canada 730 days (2 years) out of every five years. To qualify for citizenship, you must have lived in Canada for 1095 days (3 years) out of the last 4 years.

Coming to Canada, incorporating a company here and then returning to Egypt will not allow you to count your days outside of Canada towards maintaining PR status. To count these days, you would have to be hired to work in Canada by an established Canadian company - and then at a later date transferred to work abroad.

Hopefully someone can answer the rest of your questions.

Good luck.

May God bless you for such a reply as actually I did not know that THERE IS  a difference beteween how u calculate for PR or for citizenship. Plz allow me to ask another question. If I came back to Canada alone and managed to get myself hired in an immigration company that wants to have a branch in Egypt thenthey sent me to Egypt to be the branch manager, would these days outside Canada as the branch manager for that company would qualify me for citizenship after the1095 days knowing that I can be able to visit Canada every now and then for weeks but not more?
Thank you in advance for replying this critical question.

[doaacj]

Try your hardest to win full custody of your children so you can take them to Canada with you.  If you all enter Canada, still with valid PR cards but without meeting the 730 days requirement, you will probably be allowed to enter Canada without being reported.  If you are, you have two options.  1. Apply for PR card renewal without meeting the residency requirementsm stating Humane and compassionate reasons why you could not meet them.  It may be granted based on that your husband died and you got locked into a custody battle with his father.  2. If you don't want to take that chance, just stay in Canada for a full 2 years without leaving and then apply to renew your PR cards.  As you will then meet the residency requirements again, they will renew.

If you are reported on entry, you can appeal based on H and C reasons.  If you can't leave Egypt by the time your PR card expires, you can apply for a travel document later stating H and C reasons but this is not guaranteed to be granted.

Thanks Leon for the great info you are giving me. But being reported means that they will make me enter the country or leave the country as I do not want my kids to have this experience of going to Canada for the first time and them on entry they have hard experience, they have enough already with the death of thier father. I mean How they will treat us being reported.

And would u plz reply tthe question I sent to MR. /Mrs. scylla concerning the immigration company case?
Thank you so much

[Leon]

If I came back to Canada alone and managed to get myself hired in an immigration company that wants to have a branch in Egypt thenthey sent me to Egypt to be the branch manager, would these days outside Canada as the branch manager for that company would qualify me for citizenship after the1095 days knowing that I can be able to visit Canada every now and then for weeks but not more?

No.  Working outside Canada, if you are hired by a Canadian employer and transferred to an overseas branch, can only protect your PR, not give you the right to apply for citizenship.  If you want citizenship, you must live in Canada.

But being reported means that they will make me enter the country or leave the country as I do not want my kids to have this experience of going to Canada for the first time and them on entry they have hard experience, they have enough already with the death of thier father. I mean How they will treat us being reported.

If you are reported, which doesn't seem to be very common, they will still let you enter Canada and allow you to appeal to keep your PR.