Need Your Opinion

[Emadrefaat]

We are a family of 5 menbers (father, mother and 3 kids). We landed in August 2010 and have our PR valid till September 2015 (PRs for only 4 of us as the 3rd child is born in Canada). We stayed in Canada for around 7 months and then left because of job unavailability.
Now, we are out of Canada and we need to etablish a viable canadian business in Canada and our home country to bring bread on th table. Can the same enable us to renew the PRs. What are the terms and conditions of eligibility of renewing PRs while estabilishing valid canadian business abroad.

 

[scylla]

What are the terms and conditions of eligibility of renewing PRs while estabilishing valid canadian business abroad.

There are no terms and conditions that will allow you to do this. In other words, establishing a valid Canadian business abroad will not help you to maintain your PR status.

If you want to maintain your PR status while working abroad, you must be hired by an established Canadian company for a role within Canada and work in Canada for a period of time. If that company then transfers you to a position abroad - you can count the time spent outside of Canada towards maintaining your PR status. What you are thinking about doing (establishing a valid Canadian business abroad) will be classified by CIC as establishing a business "for the purpose of retaining your PR status" and you will not be able to count your time outside of Canada towards retaining your PR status.

It's time to make the hard decision about whether you want to retain your PR status or not. If you do, it's time to start making plans to move back to Canada permanently.

 

[Emadrefaat]

Thank you for your reply,
one additional query, as I guess i mis-expresed myself above, I will not establish said company for a pretext to renew the PR. The trading company will be the only source of income for my family.
to be precise, I will go now and establish the company in Canada, then I will establish another company in my home country as a susidiary or branch for the canadian company which will viably operate . Can this allow me to suffle between Canada and home country during the coming 22 months (PR validity),as the same will be required by my business, and then apply for PR renewal afterwards.

 

[torontosm]

Thank you for your reply,
one additional query, as I guess i mis-expresed myself above, I will not establish said company for a pretext to renew the PR. The trading company will be the only source of income for my family.
to be precise, I will go now and establish the company in Canada, then I will establish another company in my home country as a susidiary or branch for the canadian company which will viably operate . Can this allow me to suffle between Canada and home country during the coming 22 months (PR validity),as the same will be required by my business, and then apply for PR renewal afterwards.

That would be fine, so long as you comply with the required number of days in Canada to renew your PR. Going to India for work, for example, will not be considered a suitable excuse for failing to meet the physical presence in Canada requirement.

 

[scylla]

Can this allow me to suffle between Canada and home country during the coming 22 months (PR validity),as the same will be required by my business, and then apply for PR renewal afterwards.

No matter how you set up your company, the days you spend outside of Canada will NOT be counted toward your PR residency requirement. And no matter what your true intentions are, setting up this company will still be viewed by CIC as setting up a Canadian corporation for the purpose of of maintaining PR status.

To keep your PR status, you must find a way to physically live in Canada for two years out of every rolling five years with your family.

 

[Emadrefaat]

you must find a way to physically live in Canada for two years out of every rolling five years with your family.

Just a clarification what do you mean by "with your family", can I go now on my own and renew it only for myself or it has to be with the family members??

 

[scylla]

Just a clarification what do you mean by "with your family", can I go now on my own and renew it only for myself or it has to be with the family members??

You can certainly go on your own - but then your family will lose their PR status.

Your entire family must meet the residency obligation if they want to keep their PR status.

 

[Emadrefaat]

Thank you for clarifications

 

[Msafiri]

Scylla right on the money with this one! CIC will see you coming from a mile. With all due respect your plan is a typical mom and pop small family business set up to try and beat the residence obligation. You will fail on the 'viability' angle of being a Canadian business - you don't even have any corporate tax returns...sorry no dice. What you need to do if you want to keep your PR is to return to Canada...there is 'bread' to be made here too!