Permanent Residency Obligations and Telecommuting

[drew42]

I am a permanent resident for >20 years. I also have a corporation for 20 years of which I am the sole shareholder. I do have other employees in Canada, and the coporation obviously has records office and bank accounts here.

Now, in this wonderful age of the internet, I can actually work from anywhere. So I'm now considering working from anywhere for more than 730 days/5 years (probably 8-10 months a year).

I am having a really hard time finding definitive answers as to whether this would be OK under the act.

Note that the corporation was not established primarily to allow for this scenario. I registered the business 20 years ago to be a real business - which it still is.

However, I am not being "assigned" out-of-country - I'm simply "choosing" to sit in warmer places where there is an internet connection in order to do my work. I'd still be filing taxes in Canada, paying employees in Canada and drawing a salary into a Canadian bank account myself.

Can anyone provide me to definitive answers on why/how this is allowed or not please? I would like to ensure that I can keep my residency and keep the renewal process relatively painless.

 

[zardoz]

I am a permanent resident for >20 years. I also have a corporation for 20 years of which I am the sole shareholder. I do have other employees in Canada, and the coporation obviously has records office and bank accounts here.

Now, in this wonderful age of the internet, I can actually work from anywhere. So I'm now considering working from anywhere for more than 730 days/5 years (probably 8-10 months a year).

I am having a really hard time finding definitive answers as to whether this would be OK under the act.

Note that the corporation was not established primarily to allow for this scenario. I registered the business 20 years ago to be a real business - which it still is.

However, I am not being "assigned" out-of-country - I'm simply "choosing" to sit in warmer places where there is an internet connection in order to do my work. I'd still be filing taxes in Canada, paying employees in Canada and drawing a salary into a Canadian bank account myself.

Can anyone provide me to definitive answers on why/how this is allowed or not please? I would like to ensure that I can keep my residency and keep the renewal process relatively painless.

Each case has to be assessed on it's own merits but I am reasonably sure that this would not provide a viable exemption to the physical presence requirements of the Residency Obligation.

 

[Copingwithlife]

I am a permanent resident for >20 years. I also have a corporation for 20 years of which I am the sole shareholder. I do have other employees in Canada, and the coporation obviously has records office and bank accounts here.

Now, in this wonderful age of the internet, I can actually work from anywhere. So I'm now considering working from anywhere for more than 730 days/5 years (probably 8-10 months a year).

I am having a really hard time finding definitive answers as to whether this would be OK under the act.

Note that the corporation was not established primarily to allow for this scenario. I registered the business 20 years ago to be a real business - which it still is.

However, I am not being "assigned" out-of-country - I'm simply "choosing" to sit in warmer places where there is an internet connection in order to do my work. I'd still be filing taxes in Canada, paying employees in Canada and drawing a salary into a Canadian bank account myself.

Can anyone provide me to definitive answers on why/how this is allowed or not please? I would like to ensure that I can keep my residency and keep the renewal process relatively painless.

Why not just become a citizen ? Then you can work, live, where ever you want .

 

[drew42]

I am a German national, and opting for another citizenship would result in the loss of my German passport, which is not ideal. That's why I've been a PR for so long.

 

[scylla]

I am a permanent resident for >20 years. I also have a corporation for 20 years of which I am the sole shareholder. I do have other employees in Canada, and the coporation obviously has records office and bank accounts here.

Now, in this wonderful age of the internet, I can actually work from anywhere. So I'm now considering working from anywhere for more than 730 days/5 years (probably 8-10 months a year).

I am having a really hard time finding definitive answers as to whether this would be OK under the act.

Note that the corporation was not established primarily to allow for this scenario. I registered the business 20 years ago to be a real business - which it still is.

However, I am not being "assigned" out-of-country - I'm simply "choosing" to sit in warmer places where there is an internet connection in order to do my work. I'd still be filing taxes in Canada, paying employees in Canada and drawing a salary into a Canadian bank account myself.

Can anyone provide me to definitive answers on why/how this is allowed or not please? I would like to ensure that I can keep my residency and keep the renewal process relatively painless.

For a definitive answer, you should hire an immigration lawyer to get professional advice.

Based on what we've seen on this forum and how IRCC treats this rule, your time spend outside of Canada will most likely not be accepted by IRCC as time spent in Canada since you presumably don't have physical branches and employees in the countries where you will be living. So this won't fit the scenario of having been transferred to a role outside of Canada. As you yourself have said, there is no need for you to be outside of Canada - this is just a lifestyle choice.

As others have said, become a citizen and then you'll be free to do as you wish. Problem solved.

 

[scylla]

I am a German national, and opting for another citizenship would result in the loss of my German passport, which is not ideal. That's why I've been a PR for so long.

Ah - in that case I think you're at a bit of a crossroads. Based on what we've seen here, I don't think there's any chance IRCC will allow you to count the time you've spent outside of Canada towards PR. Utlimately you won't find out for sure until / unless you do as planned and then apply to renew your PR card. I guess it comes down to how important your PR status is to you - or if you are OK losing it. Good luck with the decision.