Maintaining PR Status with Business

[RajGill]

Hello -

Currently working in states, me and my spouse possess Canadian PR status. We are interested in maintaining our PR status. Are there are any possibilities to do that my investing in Canadian business or opening new business in Canadian market?

Your feedback and recommendations would be highly appreciated.

Regards

Gill

 

[scylla]

Hello -

Currently working in states, me and my spouse possess Canadian PR status. We are interested in maintaining our PR status. Are there are any possibilities to do that my investing in Canadian business or opening new business in Canadian market?

Your feedback and recommendations would be highly appreciated.

Regards

Gill

No - neither of these activities will help you to maintain your PR status. If it was that easy - everyone would be doing it. CIC shut down those loop holes years ago.

 

[y-axisoverseas]

I sure understand you concern, you could look at the below requirement to renew the PR card in Canada.
The applicant can apply for the renewal of PR card, based if the below requirements are met:

Minimum residency obligations

You must meet the residency obligation to obtain a Permanent Resident Card.
1. If you have been a permanent resident for five (5) years or more
You must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
2. If you have been a permanent resident for less than five (5) years
You must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

 

[scylla]

I sure understand you concern, you could look at the below requirement to renew the PR card in Canada.
The applicant can apply for the renewal of PR card, based if the below requirements are met:

Minimum residency obligations

You must meet the residency obligation to obtain a Permanent Resident Card.
1. If you have been a permanent resident for five (5) years or more
You must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
2. If you have been a permanent resident for less than five (5) years
You must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

Bad answer. This isn't correct or complete. Hope this doesn't reflect the quality of the immigration services that y-axis offers. No wonder there are so many bad reviews online...

 

[Leon]

Right, there are a couple of exceptions from the 730 day residency requirements, for example if you were accompanying a Canadian citizen spouse, or if you are a PR who was hired by an Canadian employer and transferred to a full time outside of Canada position, or if you are a PR who are accompanying a spouse in the above situation.

However, it doesn't sound like any of these are the case here so like scylla said, no, you can not buy PR days in Canada by buying or starting a company in Canada. You would have to actually be in Canada.

There's one more possibility and that is having H&C grounds for not being able to meet the RO. That may include taking care of a seriously ill relative or serious medical problems of your own but not choosing to live and work somewhere else.

 

[kateg]

Hello -

Currently working in states, me and my spouse possess Canadian PR status. We are interested in maintaining our PR status. Are there are any possibilities to do that my investing in Canadian business or opening new business in Canadian market?

Sure. To do so, you would need to come to Canada, establish (or acquire a business), run it as a functional Canadian business, with Canadian taxes, and Canadian employees. Continue the business, and get assigned by the company to represent it's interests abroad, while maintaining the operations (including Employees) in Canada. Continue to file and pay Canadian taxes, and be prepared to demonstrate that you are working full-time for the Canadian business, and not for another business. Prepare to fight, as they will likely reject you, but you will likely win on appeal.

 

[kateg]

However, it doesn't sound like any of these are the case here so like scylla said, no, you can not buy PR days in Canada by buying or starting a company in Canada. You would have to actually be in Canada.

There have been a few cases where individuals who were owners of the business were permitted to assign themselves outside the country. What ended up saving them was employees in Canada and in one case significant investment in equipment in Canada.

Here's the specific rule:

Canadian Business
61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a
Canadian business is
(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in
Canada;
(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and
(i) that is capable of generating revenue and is carried on in anticipation of profit, and
(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or
Canadian businesses as defined in this subsection; or
(c) an organization or enterprise created under the laws of Canada or a province.
Exclusion
(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to
comply with their residency obligation while residing outside Canada.

So, you need to prove that the business doesn't exist to permit you to meet the residency obligation. It needs to be functional, working to make a profit, and you need to be assigned to represent it's interests. Generally, that means that you need to be full-time (with the appropriate taxes paid), and that what you are doing needs to help further it's profit-generating activities.

In other words, if you have a manufacturing company, and you go to [insert country here] as a sales rep, that looks very good. If you have a manufacturing company, and you are "assigned", but can't demonstrate you do any work, and you're paid "commission" (but have no earnings), you're going to have a bad time.