Canada Permanent Residency status - Retaining PR

[shanky.narayan]

Hi, I am a new entrant to this forum and new to Canada too with PR status.

I understand we need to be in Canada for 2 yrs within a 5 yr term for retaining PR status. But from my company (which is incorporated in Canada), am getting transfered to the US - an intra company transfer (as they have branches in US).

Whether the days I spend in US will be counted for my PR status evaluation as I never intended to move out of country. But as my job demands, I dont have an option.

Have any one of you experienced a similar scenario? Is there a separate process to handle this. Please advise.

 

[Leon]

If your Canadian employer transfers you to a permanent position outside Canada, your days abroad working for them should count towards your PR. Keep all documents and proof of the transfer in case you have to show it later. Also keep a good count of your days spent in Canada and outside Canada. You will need this when you apply to renew your PR card.

 

[shanky.narayan]

Thanks much Leon, and as advised I will make a note of days spent in Canada and in US.

Good to know that at least for PR, my days outside Canada will count. Else it will be a problem for retaining my PR status itself.

 

[clubcanada]

If your Canadian employer transfers you to a permanent position outside Canada, your days abroad working for them should count towards your PR. Keep all documents and proof of the transfer in case you have to show it later. Also keep a good count of your days spent in Canada and outside Canada. You will need this when you apply to renew your PR card.

my understanding was that you have to get taxed in Canada to keep your status alive when your companies sends you abroad. If you get transferred on a local contract and will be taxed in the US that would not satisfy the rule and it would count as being abroad. Again, that's my understanding.

 

[Leon]

If you look at the operational manual at http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf you will find a definition of Canadian employer:

6.2. Canadian business

The definition applies to both large and small businesses and includes:

• federally or provincially incorporated businesses that have an ongoing operation in Canada;

• other enterprises that have an ongoing operation in Canada, are capable of generating
revenue, are carried out in anticipation of profit and in which a majority of voting or ownership
interests is held by Canadian citizens, permanent residents or Canadian businesses; and

• enterprises which have been created by the laws of Canada or a province.

Note: It does not include businesses that have been created primarily for the purpose of allowing a
permanent resident to satisfy their residency obligation while residing outside of Canada [R61(2)].

You can also find a definition of Employment outside Canada:

6.5. Employment outside of Canada

The Regulations enable permanent residents to comply with the residency obligations while
working abroad, provided that:

• they are under contract to or are full-time employees of a Canadian business or in the public
service, where the assignment is controlled from the head office of a Canadian business or
public institution in Canada; and

• they are assigned on a full-time basis as a term of their employment or contract to a position
outside Canada with that business, an affiliated enterprise or a client.

 

[fahion]

Hi .
I have very confusing situation. i have been living in canada for last 6 years, i went to back country 1 time for 8 months in last 5 years, than i came back and renew my PR card . now i am out side of canada once again. i plan to stay out of canada for at least 2 years. my question is if i came back after years, will i loose my PR states in canada.?

what are the rules of staying out of canada?
Please accurate answer would be much much appreciated.
thank you.

 

[gass 1]

I'm a permanent Resident,I own a canadian company,I lead business abroad and I deposit my fees here in Canada,did they count my business trips as staying days in Canada ?

 

[scylla]

I'm a permanent Resident,I own a canadian company,I lead business abroad and I deposit my fees here in Canada,did they count my business trips as staying days in Canada ?

No - they don't count.

 

[Leon]

what are the rules of staying out of canada?

You can stay outside Canada for up to 1095 days (3 years = 36 months) in any rolling 5 year period after you get your PR.

If you have spent the past 2 years in Canada without leaving, that means you are ok to leave Canada now for up to 3 years without losing your PR but after that, you must stay for 2 full years again. If your 8 months outside Canada was in the last 2 years, you would be able to stay the balance of 3 years, that is 2 years and 4 months outside Canada without losing your PR.

You should always be able to look at the past 5 years and say you have not been outside Canada for more than 1095 days.

 

[fahion]

You can stay outside Canada for up to 1095 days (3 years = 36 months) in any rolling 5 year period after you get your PR.

If you have spent the past 2 years in Canada without leaving, that means you are ok to leave Canada now for up to 3 years without losing your PR but after that, you must stay for 2 full years again. If your 8 months outside Canada was in the last 2 years, you would be able to stay the balance of 3 years, that is 2 years and 4 months outside Canada without losing your PR.

You should always be able to look at the past 5 years and say you have not been outside Canada for more than 1095 days.

Thank you for quick replay Leon.
I would like to describe acutual situation so you can give me most suitable answer.
i came to canada feb 2007 than i went to out side of canada for 8 months came back in october 2009. after that i sayed in canada renew my PR card in dec 2011, since dec 2011 i am on holiday out side of canada, and its almost year i am not in canada.
can you tell me how long can i stay out in this situation, when should i come back?
how does the 5cylce works in this situation?
please ans thank you.

 

[Leon]

Thank you for quick replay Leon.
I would like to describe acutual situation so you can give me most suitable answer.
i came to canada feb 2007 than i went to out side of canada for 8 months came back in october 2009. after that i sayed in canada renew my PR card in dec 2011, since dec 2011 i am on holiday out side of canada, and its almost year i am not in canada.
can you tell me how long can i stay out in this situation, when should i come back?
how does the 5cylce works in this situation?
please ans thank you.

Between October 2009 and December 2011, you had more than 2 years in Canada. These two years satisfy your PR residency requirements for the period December 2009 until December 2014 so the longest you can stay outside is until December 2014, a full 3 years of staying outside. Then you must come back and stay for 2 years again.

 

[fahion]

Thank you very very much for sorting out my cofusion.
thanks leon once again. great help.

 

[clubcanada]

Posted by: scylla
Insert Quote
Quote from: gass 1 on August 22, 2012, 05:36:21 am
I'm a permanent Resident,I own a canadian company,I lead business abroad and I deposit my fees here in Canada,did they count my business trips as staying days in Canada ?

No - they don't count.

why not - if he's being sent by his (own) company abroad to do business and it's a legitimate business? see 6.2 and 6.5 of Leon's post above...

 

[Leon]

why not - if he's being sent by his (own) company abroad to do business and it's a legitimate business? see 6.2 and 6.5 of Leon's post above...

See the last sentence of 6.5. It says he must be posted to a full time permanent position outside Canada so according to that, business trips will not be counted. That is unless he claims that he is posted full time to the country where he spends most his time and that country isn't Canada because if he can not meet the requirements of 2/5 years, he is obviously spending more than half the year somewhere else.

However, since it is his own company, he will also have to prove that he did not establish this company just to protect his PR so he can continue to live outside Canada and keep his PR status.

 

[scylla]

why not - if he's being sent by his (own) company abroad to do business and it's a legitimate business? see 6.2 and 6.5 of Leon's post above...

In addition to the information Leon has provided, since this is the poster's own the company, CIC will say this company was created for the primary purpose of helping the poster meet residency obligations and will therefore say the days outside of Canada don't count. For the days outside of Canada to count, you need to be hired in Canada by a Canadian company you didn't create for a job in Canada - then transferred to a job outside of Canada at a later date.