COMPANY INCORPORATION PR CARD EXPIRED

[FILIPPALBANESE]

Dear Sir, I have PR expired on dec.2011, received through Canadian Embassy in Italy, as investor.
I had a company which has been closed on august 2012, without any financial problems.
The company was located in Toronto,Ontario.I was the sole owner and general manager.

I want now to incorporate a new company and I know that to be sole owner and general manager, i need to be Canadian resident, since Canadian law require at least 25% belong to a Canadian resident.

May i declare that i have the status of Canadian resident,although my PR expired??

I registered my residency in my son's house ,where he lives with his family, since march ,2010.
Before i lived in my own apartment from 2006 up to march 2010.
I am not in condition to provide the days which i lived in Canada since i fly from Canada to Italy and Usa for business reasons,frequently.
Thank you very much ,
Filippo

 

[FILIPPALBANESE]

GOOD MORNING,
PLS, BE SO KIND TO ANSWER TO MY QUESTIONS,I WILL APPRECIATE A LOT,
THANK YOU VERY MUHCH,
FILIPPO ALBANESE

 

[Leon]

You are not resident in Canada because you do not live in Canada, regardless of the status of your PR.

The problem with your PR is not that the card is expired either but that you most likely do not meet the RO and therefore it will be very difficult for you to renew your PR card.

 

[FILIPPALBANESE]

Dear Leon,

thank you very much for your replay. About my staying in Canada ,if i count all my days i spent in Canada are
more than 730 days .The point is that in case someone asks to prove it will be difficult to do so.I have an accout with
Bank i Toronto opened almost 10 years ago.
In any case i open a new company in Canada may i be sole owner and sole administrator????

When i sold my apartament in Toronto i transfered the residency through postal service and i have
the receipt. All my account correspondence i recevive regulary in my house's son.

Your answer will be very appreciate ,
thank you very much,
sincerely
filippo

 

[scylla]

thank you very much for your replay. About my staying in Canada ,if i count all my days i spent in Canada are
more than 730 days .

You don't just need 730 days. You need 730 days in the last five years. Do you have 730 days in the last five years?

A postal service and a bank account don't demonstrate residency for the purposes of maintaining your PR status. Someone can easily have these things and be living outside of Canada. The type of proof you would need is proof that demonstrates you were actually in Canada. Things like utility bills, credit card statements that show charges from within Canada, records that prove you visited the doctor while here, employment records, etc.

 

[zardoz]

You should note that it's 730 days in the last 1825 days. Anything outside this will not be counted.

Also, if you get reported under the RO, it's YOUR responsibility to PROVE that you have been resident for the correct number of days. It's not up to CIC/CBSA to prove that you haven't.

So, you should start collecting documentary evidence for this..

(another simultaneous response ;D )

 

[keesio]

You don't just need 730 days. You need 730 days in the last five years. Do you have 730 days in the last five years?

A postal service and a bank account don't demonstrate residency for the purposes of maintaining your PR status. Someone can easily have these things and be living outside of Canada. The type of proof you would need is proof that demonstrates you were actually in Canada. Things like utility bills, credit card statements that show charges from within Canada, records that prove you visited the doctor while here, employment records, etc.

Note that even utility bills and credit card and bank account statements are questioned by CIC these days. They really are looking for things that require your physical presence like medical visits and employment records for a Canadian company in a profession that requires you presence on the job here (and no, it can't be your own business).

 

[Msafiri]

FILIPPALBANESE,

There are 2 issues here:

1. Incorporation and proof that you are a resident.

2. PR Card renewal

Depending on the documentation required for 1 as 'proof of being a Canadian resident' your lack of a valid PR Card may not be an issue - last time I checked they needed your SIN.

PR Card renewal is a different beast all together. As advised you need 730 days of physical presence in every 5 year rolling period and its your responsibility to keep track of the days. You can obtain records of your Canada entries from CBSA and US entries/exits from CBP (recently introduced an I-94/I-94W online tracking tool). At the moment you may be getting away with an expired PR Card due to presumably having a visit visa exempt passport (Italian) to Canada. One day your luck may run out with a border agent checking into your Residence Obligation and if he/she is of the opinion you are in breach then you may get reported. You need to decide what to do with your RO - the Incorporation is in my opinion secondary and in the longer term dependent on how you decide to proceed with this.

 

[FILIPPALBANESE]

hi i just send questions to you mails,
thanks
filippo

 

[Msafiri]

hi i just send questions to you mails,
thanks
filippo

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